Section II: GENERAL CONDITIONS
Unless these general conditions (hereinafter, " General Conditions ") provide otherwise, the terms defined below will have the meanings indicated in this clause:
- Database : any organized set of Personal Data, whatever the form or modality of its creation, storage, organization and access.
- Extension Commission: Commission subject to the payment of the coverage of administrative expenses and other disbursements incurred by the Lender for admitting the Borrower's request for the extension of the payment date as contained in the Special Conditions.
- Opening Commission: This is a one-time payment for the provision of the Loan Amount based on the Borrower's Request and will be payable on the Payment Date.
- Special Conditions : means the individualization of the General Conditions for each Loan that will be made available to the Loan Applicant prior to the Loan Application, which include: loan amount, interest amount, loan duration, deadline date repayment of the loan, total cost of the loan, TIN and APR.
- C onsentimiento of the loan seeker: the expression of will, freely given, specific and informed by the applicant for the loan or borrower consent to the processing of personal data concerning them by the Lender.
- Loan Contract : it is the contract governed by these General Conditions and the Special Conditions jointly, by means of which the Lender delivers a certain amount of money to the Borrower, the latter undertaking to return said amount on the agreed dates in accordance with the terms agreed between the parties, thus granting a personal loan to the Borrower. The Loan Agreement will also be governed by Law 22/2007, of July 11, on distance marketing of financial services for consumers, and Law 16/2011, of June 24, on Consumer Credit Contracts. , Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, as well as other general applicable regulations.
- Borrower's Email : The Borrower's email address specified in the Loan Agreement, or any other email address subsequently communicated to the Lender, where the Borrower is its sole user.
- Lender Account : Any current account of the Lender specified in the Special Conditions, available on the Portal, in the event that the Borrower can transfer the Loan (s) and other contractual remunerations.
- Borrower's Account : Any checking account of the Borrower specified in (i) the Loan Agreement, (ii) declared personally by means of a telephone call from the Telephone Number, or (iii) expressly declared in the Client's Profile, as well as any checking account used by the Borrower to make a transfer of any of the contractual payments to the Lender's account.
- Personal Data : any information concerning the Loan Applicant or Borrower, which identifies or can identify him.
- Business Day : the day (other than Saturday and Sunday) considered working according to the working calendar approved by the government of the Autonomous Community of California.
- Payment Date : The day of the payments defined in the Special Conditions as the Payment Date, in the case of partial payments, or the date of total repayment, until the Borrower must make the Lender the full refund of the amount of the loan granted or the pending part of the amount of the Loan granted, as well as all applicable contractual Remunerations.
- Total Loan Payment Date : The date specified in the provisions on the loan amount of the Special Conditions, when the Borrower has to pay in full the Amount of the Loan Granted.
- Loan Amount : The monetary amount defined in the loan amount provisions of the Special Conditions, which are provided by the Lender to the Borrower in accordance with the Loan Agreement.
- Amount of the Loan Granted : The total amount of the Loan effectively provided by the Lender to the Borrower under the Loan Agreement and in the amount defined in the fundamental provisions of the Special Conditions that will be delivered to the Borrower upon formalizing the Loan Agreement
- European Standardized Information : means the standardized format model prepared by the European Union for all member states by virtue of Directive 87/102 / EEC, applicable and mandatory to all loans for an amount greater than two hundred euros (€ 200.00) , in accordance with the provisions of articles 10 and 12 of Law 16/2011, of June 24, on consumer credit contracts.
- Default Interest : The penalty (interest) in case of non-compliance with the payment term at the rate defined in the provisions on the amount of the Loan of the Special Conditions.
- The total amount to be paid by the Borrower : The total cost of the Loan (s) will be calculated on the date of signature of the Loan Agreement or on the date of presentation of the respective application and includes the total value of the annual remunerative interest rate and the total value of commissions and expenses (Opening Commission) that the Borrower must pay in accordance with the Loan Agreement. The total amount to be paid by the Borrower excludes the possible Applicable Default Interest (exclusively in the event that the Borrower fails to meet the payment term defined in the Contract), a one-time penalty (in the event that the Borrower cancels early the Loan), and the Opening Commission (for any subsequent loan if requested) and the Extension Commission, as well as any commission payable to third parties for the transfer / receipt of the loan amount to the Borrower's account, since such commissions they depend on the actions of the Borrower and are not known to the Lender on the date of the conclusion of the Loan Agreement.
- Law : The laws of the Kingdom of Spain. In addition, depending on the case, these General Conditions will be subject to Law 16/2011 of June 24 with respect to Consumer Credit, Law 22/2007 of July 11, relative to the Distance Marketing of financial services for consumers , where appropriate, Law 34/2002 of June 11, relating to Information Society Services and Royal Decree Law 1/2007 of November 16, on the general approval of the Law for the Protection of the Consumers and Users, as well as any other general legislation that may be applicable.
- Standard model : The European Consumer Credit Information Form, established by law.
- Telephone number: Any telephone number specified in the Loan Agreement, the profile or any other telephone number subsequently communicated to the Lender in accordance with the Agreement, where the Borrower is its sole user.
- Party or Parties : the Loan Applicant, the Lender or the Borrower. Named individually as the Party and jointly as the Parties.
- Profile : The personal interface created on the Portal by the Borrower, where the latter may have access to information in relation to the Loan Agreement and other offers of products and services made available by the Lender. The Profile can be accessed by the Borrower by inserting the relevant email and password.
- Extension Period : The period of time demanded by the Borrower and provided by the Lender in case the payment date was extended. Said period begins the next day after the payment date, in case the Extension Commission was paid at the expiration of the payment date or on the day the Lender received the Extension Commission if the payment date is supervening, and ends on the last day of the extension as defined in the Special Conditions.
- Payment term : Period of time from the date the loan was provided to the Borrower until the payment date or the last day of the extension period.
- Portal : Website of the credit institution (which currently has a domain name thus called lecomteyachts.com ), where the Borrower is identified through their profile and which ensures mutual communication and exchange of information between the Parties in relationship with the Loan Agreement.
- Lender : Instant Money, SLU, registered in the California Mercantile Registry, Volume 34.993, Folio 49, Page M-629318, with registered office at 1605 Harvest Lane 25, 1º, Palmdale 1, 28028, California.
- Loan : The monetary means provided by the Lender to the Borrower in accordance with the Loan Agreement.
- Borrower: (also called Loan Applicant, Client or Consumer) means that consumer of legal age, with permanent residence in Spain and in full use of their physical and mental faculties, who requests and contracts the granting of a Loan once the Lender has accepted your Loan application and undertakes to return it in accordance with these General Conditions and the corresponding Special Conditions that the Borrower will have previously accepted and as an indispensable requirement upon receipt of the borrowed money.
- Contractual remuneration: The remuneration payable by the Borrower to the Lender in relation to any provision and maintenance of the Loan (supervision, registration, performance of operations, etc.) and additional services, including the interest on the Loan, Interest on arrears, as well as the commissions and expenses in accordance with the prices of the Loan Agreement and the Lender available on the Portal.
- Distance Service : means the communication techniques, through telematic networks, provided by the Lender so that the Borrower can carry out the Loan Application and Acceptance of the Loan, as well as any other action necessary for the formalization of the Loan. For the purposes of remote contracting, the contracting carried out through the Website, SMS or WhatsApp through mobile telephony, email, social networks or any other means that the Lender makes available to the Loan Applicant will be understood.
- Loan Applicant : the natural person, over twenty (20) years old and under seventy-six (76) years old, with permanent residence in Spain, who makes a Loan Application.
- Loan Request : the declaration of intention made by the Borrower through the Remote Service, to request a Loan in accordance with these General Conditions and the corresponding Special Conditions.
- Annual Equivalent Rate (APR) : The total cost of the Loan expressed as an annual percentage of the total value of the Loan granted under the Loan Agreement, which is defined and calculated in accordance with the Law, and which is indicated in the provisions on the Loan amount of the Special Conditions;
- Annual interest rate : The annual interest rate indicates the amount of payment for the Loan disposal, which is specified in the provisions on the Loan amount of the Special Conditions of the Loan amount, stating that it is considered a three hundred and sixty year and five (365) days.
- Processing of Personal Data : operations and technical procedures of an automated nature or not, which allow the collection, recording, conservation, elaboration, modification, blocking and cancellation, as well as the transfers of Personal Data necessary for the management of the Loan and the complementary services offered by the Lender.
2.1. The Contract will be governed by these General Conditions and Special Conditions in accordance with the Law.
2.2. Furthermore, the Borrower expressly declares that, prior to the execution of the Contract, the Lender has provided the pre-contractual information (i) as defined by the standard model, (ii) in relation to the Borrower's personal data processing and ( iii) on the settlement of contractual payments as well as (iv) on the legal consequences arising from the formalization of the Contract by remote means, which must be the same as if the Contract had been formalized by hand.
2.3. The purpose of these General Conditions is to regulate the terms and conditions of the Loans that the Lender may grant to the Borrower by virtue thereof.
2.4. The General Conditions and the corresponding Special Conditions are applicable to the Parties in relation to the Loan. The Loan Application entails the complete adherence by the Borrower, without any reservation, to the General Conditions and, with respect to the Special Conditions, they will be those agreed between the Parties.
2.5. The Loan is governed, in addition to the General Conditions and the corresponding Special Conditions, by the provisions, but not limited to, in Law 22/2007, of July 11, on distance marketing of financial services for consumers and Law 16/2011, of June 24, on consumer credit contracts, without prejudice to the application of the general regulations contained in Law 34/2002, of July 11, on services of the information society and commerce electronic; in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; by Law 7/1996, of January 15, on the regulation of retail trade, the principle of freedom of agreements of article 1,255 of the Civil Code and other applicable regulations, especially in matters of personal data protection.
3.1. In order to make a Loan Application, the Applicant must previously register in the Portal by filling in the relevant form, accepting the General Conditions and the European Standardized Information, available to the Loan Applicant on the Website, by marking the corresponding box provided for this purpose. Once the Loan Applicant has registered, they will receive a code by SMS that must be entered in the Portal in order to complete their Registration and thus generate their Client Area from which they can carry out all operations related to the Loan, as well as the application for new loans.
3.2. The Loan Application implies that the Loan Applicant declares the truth of the following statements:
- That it has no pending payments or debts in front of third parties that could prevent the payment of the Loan, including pending payments that are noted in any record of information on financial solvency and credit;
- That he is not a party to legal or judicial proceedings that may affect his level of financial solvency and credit;
- That he is fully aware and has the sufficient capacity to contract this type of product and that he acts in good faith, stating especially that he does not act with fraud.
- That all the information and documentation provided to the Lender is true, truthful and updated.
3.3. The Loan Applicant declares the veracity of the information provided and the statements made. In the event that the Lender has indications that the information and statements made by the Borrower are false or incorrect, it may carry out the relevant legal actions in accordance with the provisions of the Law.
3.4. This first communication from the Lender will be followed by another, through the same Remote Service as the previous one, by which the Borrower will be notified if the Loan Application is accepted or denied, sending them, in case of acceptance, these General Conditions, the European Standardized Information and the corresponding Special Conditions.
3.5. Previously and to verify the identity, as well as any checks that they deem appropriate to carry out for the identification and evaluation of the operation, the Lender may contact the Loan Applicant by telephone, SMS, WhatsApp, email or other means, as well how to claim the documentation related to your identification and solvency that you consider necessary.
3.6. In the event that the Lender rejects the Loan Application, the Lender shall not have the obligation to inform the Loan Applicant of the reasons for the denial of the Loan Application and in no case shall the Loan be deemed to have existed. However, as provided in article 15.2 of the Consumer Credit Contracts Law, “ if the denial of a credit application is based on consulting a file, the Lender must inform the Loan Applicant immediately and free of the results of said query and of the details of the database consulted ”.
4.1. The Borrower expressly declares that the information referred to in articles 7 and 8 of Law 22/2007, of 11 of April, has been provided to him prior to the execution of the Loan Agreement, the General Conditions and the Special Conditions. July, on distance marketing of financial services for consumers. In particular, the Borrower declares that he has been informed of his right of withdrawal in accordance with the provisions of clause 9 of these General Conditions, as well as the term, opportunity and instructions for its use.
4.2. The Borrower expressly declares that all the information referred to in the preceding clause, as well as the information required by current consumer loan legislation, has been provided prior to the execution of the Loan Agreement together with the General Conditions and the Special Conditions in a durable electronic support that complies with the durability requirements of European regulations and particularly with the provisions of article 7.1 of Law 16/2011, of June 24, on consumer credit contracts.
4.3. The Lender will grant the Loan in the amounts and conditions set out below:
- In the first contract: for a minimum amount of € 50.00 and a maximum of € 300.00.
- The maximum amount to be granted for existing Clients will be € 1,000.00, reserving the Lender the right to decide how to increase the amounts to be granted until this figure is reached.
- The final amount of the Loan to be granted will depend solely on the Lender, and may be accepted or rejected by the Borrower.
- The Lender reserves the right not to grant the Loan to the Applicant if there is another Loan Request in progress, if the term for the payment of a previous Loan has not yet expired or if, having expired, its payment has not been made.
- The fact that the Loan Applicant has made the return of a previous Loan does not guarantee the acceptance of a future Loan Application.
- The Loan will be granted and amortized in Euros.
5.1. The Loan Agreement can be formalized by ordinary mail, Internet (profile on the Portal), email or by telephone, as well as through the use of any other equivalent means.
5.2. To guarantee the identification of the potential Borrower and the granting of the Loan Agreement, the following personal data may be requested and obtained from the Loan Applicant:
5.2.1. Name and surname / denomination (if any);
5.2.3. DNI / NIE / NIF / Passport or Identity Document number, together with a scanned copy of the identification document in question;
5.2.4. Address in Spain;
5.2.6. Phone number;
5.2.7. Amount of the Loan requested;
5.2.8. Date when the amount of the Loan would be reimbursed, together with other contractual accrued remuneration;
5.2.9. Bank account;
5.2.10. Credit / debit card details, including its expiration date and CVV (security code);
5.2.11. Bank statement of the Loan Applicant's account for the period requested by the Lender;
5.2.12. Income statement obtained from the respective state authority or the Loan Applicant's employer in case of working for someone else;
5.2.13. Other data.
5.3. The identification of the Loan Applicant may be verified:
5.3.1. Through the online identification providers (third parties) that ensure the relationship with the bank of which the Loan Applicant is a customer, as well as the respective financial data reports;
5.3.2. Through the Lender or third parties that are authorized to provide identification services for natural persons (including short SMS messages with a validation code that can be sent to the telephone number, having requested their use within the identification process).
5.4. In case of satisfactory identification of the Loan Applicant, the Lender will proceed to assess the Loan Application. After the total or partial acceptance of the Loan Application, the Lender will inform the Loan Applicant of this decision and will send him the Loan Contract based on the Special Conditions and General Conditions, sending all the documentation to the email provided by the Loan Applicant.
The Loan Applicant must give their unequivocal consent and accept the Loan Agreement through two possible procedures:
5.4.1. The first procedure is based on the sending, by the Lender, of an SMS or an email in which a hyperlink or url is provided to the Loan Applicant. The Loan Applicant must click on the hyperlink or url that will refer to the Contract (General Conditions and Special Conditions). The Loan Applicant must click on the "I Accept" button included in the Contract within a maximum period of 48 hours from the receipt of the email or SMS.
5.4.2. The second procedure is based on the fact that the Loan Applicant must send an SMS with the word " YES " within a maximum period of 48 hours from the receipt of the notification email of the acceptance of the Application and the Loan Agreement. .
The Lender, in any of the procedures used, will inform how the Loan Applicant should proceed.
The Loan Agreement will be understood to be formalized as long as the Borrower does not exercise his right of withdrawal as established in clause 10 of these General Conditions. The Loan Agreement entered into in the manner set forth above will benefit from the same legal consequences and entry into force as if it had been signed in hard copy or using the secure electronic signature.
5.5. Through the act of sending consent referred to in clause 5.4 of these General Conditions, the Borrower declares that:
- You have read, understood and accept the General and Specific Conditions and the Loan Agreement.
- You wish to receive the disbursement of the Loan amount in the bank account you have indicated through the Loan application.
- Authorizes the Lender to make a periodic charge against the card (s) provided, according to the terms stipulated in the Loan Application.
- The Loan Agreement represents the totality of what has been agreed between the Parties. No other prior written or verbal agreement is valid.
5.6. In addition, the Lender will send a notification regarding the Loan Agreement granted within the following three (3) business days.
5.7. The Lender is obliged to send the electronic copy of the Loan Agreement to the Borrower's email, in response to the Borrower's request within the following five (5) business days.
5.8. In the event that the unequivocal consent referred to in clause 5.4 is not manifested in strict accordance with these General Conditions, the Loan Agreement will be understood as not entered into.
5.9. The Loan Agreement together with the General Conditions and Special Conditions will be formalized remotely, registering the offer and acceptance and therefore, the execution of the Loan Agreement with the use of any means that allows the potential Borrower to consult at any time the information sent, so that it can be easily retrieved, during a period of time suitable for the purposes for which said information is intended, as well as allowing an identical reproduction of the information, in accordance with the Law.
5.10. Once the expression of consent referred to in clause 5.4 has been received. of these General Conditions, the Lender will make a transfer to the bank account that the Loan Applicant indicated in his Loan Application, for the amount agreed in the Special Conditions of the Loan. The Borrower may also indicate his bank account through an email, WhatsApp or any contact channel enabled for the customer. Depending on the bank where the Borrower has his account open, the Borrower can receive the amount of the Loan funds between 1 and 5 business days, depending on the bank.
6.1. By virtue of the Loan Agreement, the Lender agrees to provide the Loan to the Borrower based on the latter's requests and in the event of its approval, the Borrower undertakes to return to the Lender the amount of the Loan granted and to pay the contractual Remuneration until the last day of the payment term. The Borrower is authorized to submit an unlimited number of new requests, in accordance with the procedure stipulated below in Clause 3.2. of the General Conditions.
6.2. The Borrower may submit the new Loan Application:
6.2.1. Making a telephone call exclusively through the Telephone Number mentioning your name and surname, the number of the Loan Agreement and the amount of the Loan that the Borrower expects to receive, as well as the date of full repayment of the amount of the Loan granted; or
6.2.2. By completing the Loan Application form on the Portal through the Profile and submitting the Loan Application electronically.
6.3. The Lender makes a unilateral decision on the approval or rejection of the request, taking into account (i) the estimation of the borrower's creditworthiness (solvency) made by himself or making use of the assistance of third parties and / or (ii) ) the fulfillment of the Borrower's obligations under these General Conditions, and will have the right to reject the Loan Application without any justification or explanation on their part. The Lender will notify the Borrower of the approval or rejection of the Loan Application within a period of 5 (five) business days after receiving the Loan Application or by means of a telephone call or through the Profile on the Portal.
6.4. In case of approval of the Loan Application, the modifications made in the Special Conditions, as a consequence of the provision of the Loan based on the Loan Application, will be sent to the Borrower's email, which will come into effect with the actual provision of the Loan. The Borrower acknowledges that such modifications are made on the basis of the Loan Application and accepts them as defined in this clause without additional agreement to the Loan Agreement or the signature of the Borrower on any document. In the event that the Borrower does not reach an agreement on the modifications made on the basis of its Loan Application, the Borrower shall repay the amount of the Loan received, the interest on the Loan and all other contractual Remunerations, if any, within of the following 5 (five) business days. If the Borrower has not reimbursed the aforementioned amounts within the period prescribed by this clause, such circumstance shall be considered as acceptance by the Borrower of the modifications.
6.5. The Lender, in accordance with the instructions of the Borrower, will grant each Loan Amount by transfer to the Borrower's account and the Loan will be considered as provided on the date the bank transfer is made by the Lender.
7.1. Loan Interest:
7.1.1. The Borrower expressly accepts that, with the execution of the Contract, the Annual Equivalent Rate (APR) applicable to the Loan Amount has been duly calculated in accordance with the Law.
7.1.2. To use the amounts made available as a Loan, the Borrower must pay the Lender the interest at the rate indicated in the provisions on the Loan Amount of the Special Conditions. Interest payments will be made on the Payment Date.
7.1.3. Interest will be calculated during the entire period in which the Loan is used by the Borrower from the first day the Loan was granted and the period of which ended on the day the amount of the Loan granted was repaid to the Lender along with all others. Contractual remuneration.
7.2. Interest on Delay:
7.2.1. If the Borrower delays the Payment Term, the Borrower will pay the Lender the interest for payment in arrears for each day in arrears, starting from the first day after the Payment Date and until the full repayment of all outstanding amounts of the Loan Agreement. .
7.2.2. The non-payment, upon maturity, of any amount drawn down under the Loan, as well as the processing and management costs, will empower the Lender to require the Borrower, in addition to the unpaid amount, a default penalty of 1.00% per day on the unpaid amount, with a maximum limit of 200% on the principal, as well as the expenses caused by the non-payment of the Loan and without prejudice to the other consequences that may arise from its non-compliance, among others, the inclusion of your data in files equity and credit solvency.
7.3. The Borrower will pay the following fees and expenses in connection with the Loan Agreement:
7.3.1. The Extension Commission will be paid in the event that the Borrower requests and receives from the Lender the Extension Period of the Payment Date. The Extension Commission will be calculated as a percentage of the Principal Loan Amount, as stated in the Special Conditions and will be payable at the time the extension request was processed.
7.3.2. The Opening Commission is a one-time payment for the provision of the Loan Amount based on the request of the Borrower (Request) and will be payable on the Payment Date. The opening commission will be calculated as a percentage of the Principal Loan Amount at the rate declared in the provisions on the Loan amount of the Special Conditions.
7.3.3. The amount of the Loan Interest, Default Interest and / or commissions and expenses, may not exceed the restrictions established by the Law, if any.
7.3.4. If the Borrower delays the fulfillment of the Contract Remuneration for more than 10 (ten) calendar days, the Lender may send a reminder (warning letter) to the Borrower and / or propose the refinancing of the Loan to the Borrower, including the respective repayment expenses. and / or refinancing of outstanding debt.
7.4. The Lender may change the amount of the contractual Remuneration at any given time, through publication and announcement on the Portal. In case of submitting a new Request by the Borrower after the publication of the changes in the Contract Remuneration, the modified amounts or percentages will be considered as agreed and accepted by the Borrower. The same procedure will also be applicable to changes in the General Conditions and in the Loan Agreement.
7.5. The Lender will not propose modifications in the Contractual Remuneration if they had been made by application of the Law. In this case, the respective changes will enter into force in the manner established by the Law.
7.6. The Lender shall have the right, at its own discretion, not to calculate or interrupt the calculation of any amounts of interest on the Loan, Interest on Delay or commissions and expenses and / or reduce all or any of the contractual Remuneration;
8.1. The Borrower shall make contractual payments to the Lender (Loan Amount, Loan Interest, Interest on late payment and other costs), within the Payment Term and in accordance with the conditions of the Loan Agreement, exclusively in the event of the actual provision of the Loan amount.
8.2. The Borrower declares that all the funds used to pay the Lender the financial obligations derived from the Loan Agreement come from legal sources and are not funds derived from profits related to the commission of an illegal act. At the same time, the Borrower accepts the implementation by the Lender of all the obligations imposed by Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing and declares that, in relation to such activities, the Borrower shall hold the Lender harmless from any type of liability derived from the breach of this clause.
8.3. Payments will be made specifying the payment details (i) in the case of an extension: "Extension, Contract Number", or (ii) in the case of other contractual Remunerations: "Contract Number" and choosing one of the following methods :
8.3.1. Transfer the amounts owed to the Lender's account;
8.3.2. Through the payment card processed through the payment entity UNIVERSAL PAY EP, SLU, with NIF B-86754991 and address at Calle Condesa de Venadito, 1, 10, 28027, California.
8.4. The Borrower may request the extension of the Payment Date for the Extension Period in the different ways indicated below: (i) by means of a telephone call from the Telephone Number or (ii) by means of an online request through the Profile In the portal. The Extension Period may be approved by the Lender at its absolute discretion. The Lender may offer the Borrower the Extension Period in the event of payment for default of the Loan Amount. The Extension Period will be granted for the period stipulated in the Special Conditions. If the Payment Date is extended, the Borrower must pay the Extension Commission and the interest on late payment that has been generated until the full due date of the Loan payment. In any case, the Borrower may make partial or total payments, during the Extension Period, without the need for additional notifications.
8.5. The contractual payments made by the Borrower by virtue of these General Conditions and the Loan Agreement, are considered fulfilled upon receipt by the Lender. The Borrower's payment that does not comply with the contractual provisions will not be considered received until the moment of its identification. Unless otherwise specified in the Loan Agreement or established by legal imperative, payments received from the Borrower must be extinguished in the following sequence:
8.5.1. Extension Commission;
8.5.2. Opening commission;
8.5.3. Default interest;
8.5.4. Interest for early repayment;
8.5.5. Refinancing costs.
8.5.6. Loan Interest.
8.5.7. Principal of the Loan Amount.
8.6. If the Borrower does not repay any contractual payment within the Payment Period, the Lender shall be entitled and the Borrower expressly agrees that the Lender:
8.6.1. Unilaterally and permanently, you can withdraw the full amount of the outstanding contractual payments from the Borrower's monetary fund to the Borrower's credit or debit card. The Lender does not capture or store card data, it has a payment service provider (Universalpay EP, SLU) that complies with PCI DSS regulations to capture and store said data, complying with all current security regulations.
8.7. Any operating failure of the automatic means used to collect the corresponding payment will not, in any case, exempt the Borrower from the payment of the contractual Remuneration as prescribed by these General Conditions and in the Loan Agreement.
8.8. In the event that the Borrower exceeds the contractual payments, the Lender will reimburse the Borrower the amounts overpaid based on the request made by the Borrower received within one (1) year from the date of the last payment. The reimbursement of overpaid amounts must be made within the next 30 (thirty) calendar days from the date the respective request was received and in the manner designated by the Borrower or by bank transfer, in case the method does not is prescribed. If the Borrower does not request the reimbursement of the overpaid amounts within the term established in this Clause, the Lender will have the right to retain said overpaid amounts.
8.9. The Borrower is personally responsible, with all the assets of his property, to reimburse the Lender the contractual Remuneration under these General Conditions and the Loan Agreement in their full amount.
8.10. In the event that the Borrower has passed the due date of the Payment and has not requested an extension of the Payment Date, the Lender will have the right to initiate a debt collection procedure guaranteed by itself or transferring said right to third parties. The Borrower would be obliged to cover expenses incurred in debt collection activities.
8.11. Non-compliance by the Borrower of the Payments, as provided in these General Conditions that are part of the Contract, could have negative consequences for the Borrower, since the Lender will have the right to:
8.11.1. Take all necessary measures to initiate compulsory execution against the Borrower in accordance with the Law;
8.11.2. Inform the credit Palmdale in accordance with the Law;
8.11.3. Accelerate the reimbursement of all contractual Remunerations under these General Conditions and the Loan Agreement and the Borrower must immediately reimburse all such amounts when they are due and payable.
8.11.4. Withdraw from the funds of the Borrower's card unilaterally and permanently the full amount of the Borrower's outstanding contractual payments;
8.11.5. Send a reminder to the Borrower and other Borrower contact persons (if any);
8.11.6. Being able to create the Borrower's credit history with respect to the Borrower's debts and being able to reveal the information about the borrower's solvency to third parties;
8.12. Voluntary early repayment.
8.12.1. Regardless of the provisions relating to the Lender's right to collect for early repayment, the Borrower may prepay, and at any time, the entire Loan pending amortization. In this case, you will be entitled to a reduction in the total cost of the Loan that includes interest and costs, even if they have already been paid, corresponding to the duration of the contract that remains to elapse. Said reduction in the total cost must be requested within thirty (30) days from the completion of the advance payment.
8.12.2. Regarding the compensation for anticipated full repayment, for this concept the Borrower will pay a commission in favor of the Lender, calculated on the amount prepaid in advance and that must be paid in a single time and at the moment in which the anticipated amortization occurs. results in the total cancellation of the Loan. Said compensation, for both partial and total early repayment, will be 1 percent (1%) of the amount of the Loan repaid in advance, if the remaining period between the early repayment and the agreed termination of the Loan Agreement is greater than one (1) year. If the period does not exceed one (1) year, the compensation will be 0.5% (0.5%) of the Loan amount repaid in advance.
8.13. Breach of payment obligation
8.13.1. In those cases in which the Borrower does not repay the Loan within the stipulated period, the Lender will notify the Borrower through the Remote Service used in the contracting, as well as by making calls to the telephones that the Borrower may have. made available to the Lender at the time of contracting the Loan or through WhatsApp or any other equivalent means that it deems appropriate in order to correctly manage the collection.
8.13.2. If at the expiration date of the debt acquired, it has not been satisfied by the Borrower, the Lender will send a prior request for payment to the Borrower, granting him a period of fifteen (15) days to satisfy the debt contracted, in the event that the Borrower remains in a situation of default, the Lender will have the right to communicate the Borrower's data to information files on financial solvency and credit (Asnef-Equifax). In the event that the Loan has been reported to the equity solvency files, the contracting of an extension or extension by the Borrower will not oblige the Lender to remove the information reported to the files.
8.13.3. The Lender reserves the right to transfer the file in default or delinquency of the Borrower to any agency specialized in the collection and negotiation of debts, as well as law firms for the judicial claim of non-payment.
9.1. The Borrower shall notify the Lender regarding any change in the Borrower's information specified in the Loan Agreement including, without limitation, the Borrower's personal identity document, place of employment, address, Borrower's email, telephone number, Payment card details (expiration date and CVV security code of the card), within five (5) business days following the date of said changes.
9.2. The Lender may request the Borrower, at the Lender's discretion and / or in accordance with the Law:
9.2.1. the confirmation of the new information through the use of the Telephone Number or in the Portal and / or in any other way;
9.2.2. additional information related to the execution of the Loan Agreement and the disposition of the Loan, including information related to creditworthiness (solvency), identification of the Borrower and / or the monetary means of the Borrower.
9.3. The Lender shall not be liable for any notification that has not been received by the Borrower, due to the Borrower's failure to notify the Lender of changes in relation to the information provided or as a result of the interruption of its communication (for example, anomalies in the activities or systems of service providers (third parties), staff strike, loss of data / documents, etc.).
9.4. During the pre-contractual period, the Borrower will have the right to create a Profile on the Portal, in accordance with the Portal's Terms and Conditions of use, available on the Portal itself. The identification data of the Borrower and the communication with the Lender will be binding on the Parties, provided that the Borrower, through the Profile on the Portal, has approved the Terms and Conditions for the use of the Portal, activating the Profile on the Portal in the Terms and Conditions of use of the Portal. Said Terms and Conditions of use of the Portal are considered as an integral part of the Loan Agreement together with these General Conditions and Special Conditions.
9.5. The Lender may at any time, during the execution of the Contract, suspend or cancel the identification and / or communication of the Borrower with the Lender by telephone, using the Telephone Number or the Profile on the Portal. The Borrower will have no objection to this decision of the Lender.
9.6. The Borrower by calling from the Telephone Number or through the Profile on the Portal, will have the right to receive free of charge from the Lender, at any time during the execution of the Contract, information regarding the Borrower's contractual obligations, including a statement in the form of a payment schedule containing payments made and future payments. However, if the Borrower delays the fulfillment of the contractual payments for more than ten (10) days, the Lender may send a reminder to the Borrower, adding the recovery costs to the outstanding debt.
9.7. The Lender may, for objectively justified reasons, unilaterally terminate the Loan Agreement. Such objectively justified reasons may represent, by way of example, but not limited to:
9.7.1. The solvency of the Borrower or third parties that reveals a significant risk of the Borrower's inability to repay the Amount of the Loan Granted;
9.7.2. That the Borrower has provided the Lender with false information or misleading documents, incorrect, incomplete, outdated or misleading information, or has not submitted the requested documents during the period indicated by the Lender;
9.7.3. The carrying out of unauthorized / fraudulent banking transactions by the Borrower;
9.7.4. If the Borrower is in a situation of delay in relation to any contractual Remuneration (Amount of the Loan, Interest on the Loan, Interest on late payment, expenses or costs) for a period exceeding more than 7 (seven) calendar days;
9.7.5. The Borrower breached any other essential obligation of the Contract and if said breach has not been suspended or corrected within the following 5 (five) business days after the Lender notified the Borrower in writing of such breach;
9.7.6. A criminal action was initiated against the Borrower related to fraud, falsification of documents, embezzlement or theft of any type of property (including monetary means) and similar criminal activities;
9.7.7. In case of suspicions about possible money laundering and terrorist financing;
9.7.8. In the event that the Borrower ceases to be a Spanish resident and / or notifies the Lender that he will move abroad and / or no longer have a valid address.
9.8. In the event that the Lender uses the right to unilaterally terminate the Loan Agreement as prescribed in Clause 8.9, the respective notification will be sent to the Borrower (hereinafter referred to as " Notice of Termination" ). Once the Notice of Termination has been sent and payment is required, the Borrower will be obliged to reimburse the Lender the outstanding amount with its fees, commissions and other expenses within a period of ten (10) calendar days counted from the date of communication. If the Borrower fails to comply with the payment obligation within the aforementioned period, the Lender may as of the following day, without further notice or diligence and at any time, judicially claim the amounts that the Borrower account protected by the Loan Agreement presents in his favor. and these General Conditions, until the full payment of the claimed debt.
9.9. The Lender shall not be held liable for any damage or loss done to the Borrower by denying the Borrower's Request to receive the Loan or in the event that the Agreement is unilaterally terminated by the Lender in accordance with the Loan Agreement or these herein. General conditions.
9.10. The Borrower hereby agrees that:
9.10.1. The Lender will have the right to assign claims and / or obligations derived from this Contract to third parties (hereinafter referred to as " Assignees ");
9.10.2. The Assignees will also have the right to assign these claims and / or obligations to an unlimited number of other third parties;
9.10.3. The Lender and the Assignees shall have the right to disclose the information provided for the granting of this Agreement to third parties, including supervisory institutions and credit agencies in accordance with the Loan Agreement and the Law.
9.11. The assignment of claims arising from the Loan Agreement will not reduce the guarantees for the Borrower under the Loan Agreement and the Law without the written consent of the Borrower.
9.12. The Lender may create the Borrower's credit history with respect to the Borrower's responsibilities and may deliver the data regarding the Borrower to other Lenders or new creditors (Assignees) of the Borrower, including future ones.
10.1. The Borrower, within fourteen (14) calendar days after the granting of the Loan Agreement, may use the right of withdrawal and, consequently, withdraw from the Loan Agreement without any argument or penalty, by:
10.1.1. Irrevocable written notification to the Lender. If the Borrower has not sent such notification regarding the exercise of the right of withdrawal to the Lender, in compliance with the procedure and within the period established by the Loan Contract and these General Conditions, the Borrower will be deprived of his right to withdrawal. The communication must be duly signed and must indicate (i) the full name of the Borrower; DNI / NIE / Passport number, and you must attach a copy of it; and (ii) the date of signature and the number of the Loan Agreement;
10.1.2. Reimburse the Lender any amount received before the exercise of said accumulated withdrawal right (Amount of the Loan, Interest of the Loan on the Amount of the Loan received, other commissions and expenses (if any)) as of the date of disposal of the Amount of the Loan and ending on the repayment date of all pending contractual Remuneration. Said amounts will be returned to the Lender as soon as possible and in no case will they exceed a maximum of thirty (30) calendar days from the date of notification of the withdrawal, in accordance with the provisions of article 28.2 of Law 16/2011 , of June 24, on consumer credit agreements.
10.2. In the event that the Borrower does not comply with the conditions prescribed in Clause 9.1 and Clause 9.2, the Loan Agreement will not be considered as terminated and will remain in force with all the consequences arising from such circumstance.
11.1. In strict compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46 / CE (RGPD) and Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights (LOPD-GDD) are repealed, the Borrower declares to have been informed in accordance with the Loan Agreement and these General Conditions about the processing of your personal data for the following processing purposes:
11.1.1. submit the Loan Application for the granting of the Loan, including the analysis of its creditworthiness, through the information provided directly by the Borrower or by third parties and to implement the obligations included in these General Conditions and in the Loan Agreement;
11.1.2. execute payments and verify compliance with obligations related to money, including those actions aimed at guaranteeing compliance with said obligations or inclusion in the financial solvency files;
11.1.3. create statistics, provide mandatory reports, as well as receive and send the respective information to state and municipal institutions and / or supervisory authorities;
11.1.4. to receive and provide information to the credit bureaus directly or through the assistance of third parties;
11.1.5. for the assignment of claims derived from the Loan Contract to third parties;
11.1.6. evaluate the solvency of the Borrower (creditworthiness) and other significant fact that influences the conclusion or implementation of the Contract;
11.1.7. receive information about the Lender or third parties related to the Lender, including commercial information and advertisements for commercial and advertising purposes, namely, receive promotional material from the Lender, partners of the Provider through traditional postal services or by electronic means (i.e. telephone , SMS to the Telephone Number and / or email of the Borrower or through the Profile on the Portal);
11.1.8. to comply with the legal obligations that are applicable (such as, for example, without limitation, the prevention of money laundering as described in clause 10.8 of these General Conditions).
11.2. All the personal data that the Borrower provides through the Loan Request form, emails or equivalent electronic means of communication, ordinary mail, by telephone or by any other means of distance communication available at any time, will be incorporated into a database of ownership of Instant Money, SLU
11.3. The Borrower is informed and accepts that, in the event that the Borrower has not executed the contractual payments under this Contract, the Borrower's personal data may be communicated to the Asnef-Equifax Credit Service, domiciled at Calle Albasanz, 16, 28037 California.
11.4. In compliance with the purposes described above and to guarantee the identification of the Borrower, the Lender has the right to process all the data indicated in Clause 4.2 of the General Terms and the following category of data: identification (name, address, birth data, ID), contact, academic and professional information (position, category, company), bank statement and other bank details, as well as any financial, banking and asset information, including data on financial solvency.
11.5. The basis of legitimacy for the processing of personal data will be the execution of the Loan Agreement in accordance with the purposes contained in this clause. If the Lender treats the Borrower's personal data for other purposes, data processing may only be carried out when the Borrower's express authorization is obtained and, therefore, using the Borrower's consent.
11.6. The lender guarantees the treatment and security of the Borrower's personal data processing in accordance with the RGPD and the LOPD-GDD.
11.7. The Borrower can exercise their rights of access, rectification, deletion, opposition, limitation of treatment, portability of their personal data and the right not to be subject to automated individual decisions, in the terms established in the RGPD and the current LOPD-GDD, writing to the physical address of the Lender or by email to , with a copy of any valid identification document.
11.8. The Borrower accepts that the Lender, in its capacity as an obligated subject in matters of prevention of money laundering and terrorist financing, may access, process and exchange information with centralized files for the prevention of fraud in the financial system, both national and belonging. to other jurisdictions, in accordance with the provisions of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism, and in compliance with the provisions of the regulations on the protection of personal data , RGPD and LOPD-GDD). In the event that the Borrower provides false, erroneous or incomplete information and the Lender has reasonable suspicions that fraud is taking place, it will provide said information to the entities responsible for fraud prevention files and any other organizations and authorities in charge of the prevention of money laundering and fraud, by legal obligation. The Lender will carry out the checks of the files indicated above in order to evaluate their veracity, their solvency and the Loan application, as well as in order to verify their identity and prevent and detect fraud, money laundering and others. crimes. Likewise, the Lender will periodically access the aforementioned files in the framework of managing the contractual relationship with the Borrower.
12.1. All communication (written notifications, reminders, proposals, suggestions, requests, approvals, rejections, etc.) between the Parties in relation to the implementation of these General Conditions and the Loan Agreement will be made by phone call, by email or through the Profile on the Portal.
12.2. Any communication made in the ways mentioned above will be considered valid and will be fully effective.
12.3. The Borrower agrees to receive the information:
12.3.1. Subject to mandatory presentation, as defined in the Law, by email or by publication on the Portal;
12.3.2. Within the framework of the Loan Agreement by email and / or telephone (using the Telephone Number) as registered oral notifications or text messages, in addition the notification sent by email or text message is considered received at the time of entry of electronic communication in the information system indicated by the Borrower;
12.3.3. Con respecto al Prestamista oa terceros relacionados con el Prestamista, incluyendo anuncios comerciales, publicitarios u otros mensajes informativos, mediante el uso del correo electrónico y el Número de Teléfono del Prestatario.
12.4. Las Partes manifiestan, en virtud de lo establecido en el artículo 3.10 de la Ley 59/2003, de 19 de diciembre, sobre firma electrónica, que el contenido de cualquier comunicación remitida por correo electrónico entre las Partes, tendrá la consideración de documento firmado electrónicamente por cada una de las partes y con plena validez y eficacia.
13.1. El Contrato habrá de interpretarse y juzgarse de conformidad con la legislación española.
13.2. Las Partes, renunciando expresamente a cualquier derecho que puedan tener a su propia jurisdicción, acuerdan someter a los Tribunales de la residencia del Prestatario cualquier controversia que surja en relación con este Contrato. El Prestatario también tendrá derecho a solicitar la mediación o utilizar los derechos del Sistema Arbitral de Consumo del lugar de su residencia, en los casos y en la forma estipulados por la Ley.
13.3. El Prestatario es informado y acuerda que el Prestamista tendrá derecho a transferir todas las obligaciones bajo el presente Contrato y sus anexos sin ningún acuerdo adicional de novación celebrado entre las Partes. En tal caso el Prestamista, notificará al Prestatario a través del correo electrónico del Prestatario.
13.4. The invalidity, nullity or ineffectiveness of any of the provisions of these General Conditions will not affect the validity of the rest of the Loan Agreement. The Parties shall negotiate in good faith a valid, legal and effective provision in order to replace the provision in question in the most similar terms possible.
14.1. The Parties shall have the right to agree on specific procedures related to the fulfillment of the respective obligations stipulated by these General Conditions. In this case, said agreement will be made by phone using the phone number or through the profile on the Portal or in another way agreed by the Parties.
14.2. The Lender has the right to assign all or part of its contractual position to a third party to assume the same rights, as indicated in clause 8.14. The Borrower may not assign his contractual position. In addition, in the event of a merger, sale, absorption, global transfer of assets and liabilities or any other corporate operation, the data provided by the Borrower will be controlled by the company resulting from said corporate operation, for the same purposes as the specified here unless required by applicable law.
14.3. In order to improve the quality of services and guarantee the security of transactions, the Lender reserves the right to record, photograph, videotape, electronically or in any other way and keep data on its relationship with the Borrower. The Borrower admits that this information serves as evidence for the resolution of disputes.