Payment

Terms of payment

Credit card

OwlX Tribe relies on the secure system to pay online Paypal. Effective fraud prevention tools and the ability to make purchases without sharing your financial information contribute to your security. The following cards are accepted: Master Card - Maestro - Si Card - Visa - Visa Electron - American Express

Secure payments

For credit card transactions, we use the Paypal secure payment system.

By bank transfer

For important orders of teams or individuals, with large quantities of products, it is possible to pay by bank transfer. Orders will be processed upon receipt of the transfer. To speed up the process, we ask you to send us the proof of payment by email.

How to recognize an SSL (Secure) server

A secure server is recognized when the start of the web page request begins with https://www.owlxtribe.com
Normally the start of the request is http://www.owlxtribe.com

Order cancellation

The order can be cancelled at any time in the processing status. To communicate it, send an e-mail to: support@owlxtribe.com

Clearpay : Clearpay Terms and Conditions Summary: Clearpay allows you to purchase in 4 installments with payment every 14 days, according to the relevant payment plan. All orders are subject to Clearpay approval - for example, if you have late payments, the Clearpay payment solution will not be available. For more information on evaluation and controls, see clause 7.2. As part of our approval process, we can pre-authorize your default payment card, up to an amount equal to the first installment of your purchase - see clause 7.2 (c). Refunds can be made to Clearpay anytime BEFORE the expiration date. If not, Clearpay will automatically process payments on the dates scheduled by your card. If a payment is not processed on or before the due date, an initial fee of € 6 will apply for the costs incurred by us as a result of your late payment, and an additional € 6 if a payment remains unpaid for 7 days after the due date. For any order of less than € 24, a maximum fee of € 6 per order may be applied. For each order for an amount equal to or greater than € 24, the total delay fees that may be applied are limited to 25% of the original order value or € 36, whichever is lower. Our Late Fees represent the costs we will incur as a result of your failure to pay when due, but these fees are limited by way of concession. If you are unable to pay us in time, please contact us as soon as possible. The delivery / quality of the goods and all refunds are the responsibility of the merchant from whom the purchase is made. If you purchase goods from an authorized merchant outside of Italy, we draw your attention to clause 4.4 of these terms. Last updated: 25/11/2020 IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORIZATIONS: As part of our approval process and our assessment of whether or not we will meet your obligation to make future payments to Clearpay under the relevant payment plan, we may conduct a pre-authorization of your default payment method. This may involve booking amounts in the account linked to your default payment method every time you make an online purchase, get a barcode for an in-store purchase, or add a new card to your Clearpay account. For online purchases, we immediately instruct your bank to cancel this pre-authorization operation. For in-store purchases, in which a barcode is obtained but the purchase does not give rise to any result, we order the bank to cancel the pre-authorization if the barcode is canceled or expires. Clearpay receives no funds during this process. We cannot guarantee the time it will take for your bank to process this action and make your funds available again. NOTE: In most cases, affected banks will cancel a pre-authorization transaction within hours of the pre-authorization transaction requested by Clearpay. However, in some cases, it took banks up to fourteen (14) days to complete this process. Unfortunately, we have no control or influence over the timing of your bank's ability to complete this process. Please read this agreement carefully. By clicking to accept these terms and using the Clearpay Services, you agree to be bound by (i) this agreement; and (ii) the Clearpay Privacy Policy available at [insert link]. The titles contained in this document are for reference purposes only. It is advisable to print a copy of this Agreement and the Privacy Policy. Welcome to our website. The following are the terms and conditions of use and access to our Services. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities in relation to your use of the Services. 1.1 Parties to this Agreement This agreement is a contract between the user ("you" or "your") and Clearpay S.A. ("Clearpay", "we", "our"), payment institution established under Spanish law, secondary office for Italy in Via Leopardi 3, 20123 - Milan, registered in the Milan Business Register, Tax Code/P. VAT no. 10656950960, carries out activities pursuant to art. 114-decies, paragraph 4-bis, of Legislative Decree 1 September 1993, n. 385 ("TUB"), registered under no. 36086 of the Register of Payment Institutions referred to in art. 114-septies of the Consolidated Law on Banking. It establishes the terms and conditions that apply to the use of our Services. The ute nte confirms that acceptance of these terms and conditions, and the continued use of our Services, will constitute acceptance of this Agreement. If you do not wish to be bound by this agreement, Clearpay services should not be used. 1.2 Policies incorporated in this agreement Before creating a Clearpay account or using any of our services, you should read this agreement, as well as the Clearpay Privacy Policy, which is an integral part of this agreement. We recommend that you keep or print a copy of this Agreement (including all Policies). To the extent that there is any inconsistency between this Agreement and the referenced Policy, the embedded policy will prevail. 1.3 Changes to this Agreement (a) Clearpay may change this agreement at any time for any reason, including, for example, if we change the functionality of our services, introduce new services, or as required by law. We will publish the amended Agreement on our website. Each time you place an Order you will be asked to accept the terms of this Agreement in force. We recommend that you read this Agreement carefully every time you accept its terms when placing an Order. If you do not approve the changes, you will be able to close your Clearpay Account in accordance with clause 3.4. (b) We will not change any terms and conditions for an existing Order that has already been accepted by us; the terms and conditions that will apply to an accepted Order (and all measures taken in connection with that Order, e.g. cancellation, refunds, etc.) are the terms and conditions applied at the time you placed the Order . 2 Our relationship 2.1 Who we are (a) Our product is a fixed sum loan agreement, issued through a single-use virtual credit card line of credit, which means that we lend you a fixed amount of money to enable you to purchase goods or services offered by Merchants Dealer (“Merchant” or “Dealer Merchant”) online or in-store, including, where available, a Merchant in a foreign jurisdiction permitted by Clearpay. Each Order will constitute a separate fixed sum loan. Any amount you refund to us will not become available for borrowing again, but subject to the terms and conditions set forth in this Agreement, you may from time to time place Orders in relation to additional goods or services you wish to purchase from Merchants. (b) By placing an Order with a participating Merchant and using our Products, you give us your consent and order to pay (or ask a Clearpay Affiliate to pay) the Merchant on your behalf in exchange for your agreement to pay us , in accordance with this Agreement, the agreed amounts on the dates indicated in the Payment Schedule, plus any Delay Fees, if you fail to refund by the scheduled date or before the scheduled date, as set forth in clause 4 (c) You acknowledge that Clearpay has no control over and is not responsible for any products or services purchased by Merchants offering our payment solution. We cannot guarantee that a Merchant will complete your transaction. 2.2 No Warranty (a) We do not provide any express warranties or assurances as to the suitability, reliability or availability of our Products, or the content of our website. (b) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the time required to complete Order processing or payment transactions. 3 Your Clearpay Account 3.1 Create Your Clearpay Account (a) We will create your Clearpay Account when you place your first Order with one of our affiliated Merchants. You can also create your Clearpay account by visiting the Clearpay website. (b) Once you have created your Clearpay Account, you will be prompted to choose and enter a secure password. You will then be able to log into your Clearpay account, using your secure password, through our website. (c) You are responsible for maintaining the security of your Clearpay Account data. We do not assume responsibility for unauthorized access and use of your Clearpay Account, unless we have failed to take appropriate measures to prevent such unauthorized access or use. (d) You must contact us as soon as you notice unauthorized access or unauthorized use of your Clearpay account. We will not attempt to recover any refunds in the event of unauthorized use of your Clearpay Account. However, you will still be held responsible for any refunds if: (i) use your Clearpay Account fraudulently (including where you have cons openly allowing third parties to use your Clearpay Account fraudulently); (ii) you have been grossly negligent and have permitted third parties to access and use your Clearpay account; (iii) you have knowingly or negligently permitted a third party to use your Clearpay Account, even if a third party is permitted to access a mobile phone or other device on which your Clearpay Account has been registered (for example, by providing them with your password or by allowing them to register their fingerprint on it). 3.2 Your Obligations to Us as a Clearpay Account Holder By having a Clearpay Account, you agree to: (a) Do not provide us with false, inaccurate or misleading information; (b) Make sure that all information about you, including contact details, is true, current and complete. If your information changes, you must update it through your Clearpay account through our website; (c) Do not use your Clearpay account or our products for illegal, fraudulent or improper activities; (d) Fully cooperate with us to investigate any suspected illegal, fraudulent or improper activity on your Clearpay Account; (e) Do not allow others to use your Clearpay account, or allow others to have or use your account password details; (f) Not to use any technology (device, software or hardware) to damage, intercept or interfere with our Products; is (h) Do not open or use more than one Clearpay Account. 3.3 Payment in-store by barcode (a) If you wish to make an in-store purchase using Clearpay, you must create a Clearpay account (new Clearpay customers) or log into your existing Clearpay Account (existing Clearpay customers) and request authorization for in-store purchases up to face value via the Clearpay app. (b) If your request is approved, Clearpay will promptly issue you a barcode in the Clearpay app that you can use to make a single purchase with a Merchant offering Clearpay in-store up to the indicated value. (c) The barcode will be scanned by the retailer to finalize the Clearpay purchase. Payments will be deducted from your default payment method in accordance with your payment schedule. (d) Once a barcode has been used to make a Clearpay purchase, it cannot be reused, even if the purchase value was less than the barcode value. (e) Unused barcodes will expire. (f) A barcode should only be used by you as the Clearpay account holder. It is your responsibility to protect the barcode at all times from theft, fraud, misuse and / or unauthorized use. (g) If the barcode is defective, or has been lost or stolen before its expiration, you can contact us at customer care@clearpay.com and we will endeavor to delete it unless it has already been used. (h) To the extent permitted by law, we will not be liable to you or anyone else for any losses incurred as a result of delay in receipt or for any lost or misdirected barcodes sent to the address losses incurred as a result of theft, fraud, misuse or misuse authorized barcode, except to the extent such losses result from our negligence, willful misconduct or breach of this Agreement. 3.4 Closure of the Clearpay Account (a) You can request termination of your Clearpay Account by contacting us directly. You can request closure of your Clearpay Account provided that: (i) all amounts owed (including any Charges and Fees) have been paid to us in full; is (ii) no disputes or refunds are pending. (b) We may terminate your Clearpay Account for any reason in our reasonable discretion. This Agreement will continue to apply to all Orders accepted prior to such close until all monies due are received in full (including any overdue Fees). (c) Unless otherwise indicated, this Agreement will be terminated once your Clearpay Account is closed. However, the user will remain responsible for all outstanding obligations relating to the Clearpay Account even after its closure. (d) We may immediately restrict your access to our Products or suspend or terminate your Clearpay Account if we have reasonable grounds to do so, including, without limitation, where: (i) we consider it reasonably necessary to do so in order to: (A) protect the integrity of our systems or Products; (B) prevent fraud; (C) limit the risk of money laundering or terrorist financing; or (D) protect ourselves against legal risk, no ormative or non-payment; (ii) does not pass our checks or checks, including our pre-authorization check described in clause 7.2 (c); (iii) we reasonably suspect, or are aware, that the user has violated this Agreement substantially (including by failing to make any payment due under this Agreement by the payment due date); or (iv) otherwise, we consider the activity associated with the Clearpay Account reasonably suspicious. (e) We will do our best to provide you with written notice prior to closing your Clearpay Account, in the circumstances described in clause 3.4 (d) above, unless this would jeopardize any investigation relating to the breach of this Agreement or illicit or improper conduct. In the event that we close your Clearpay Account in accordance with clause 3.4 (d), this agreement will be terminated and all monies due will become immediately payable by Clearpay. (f) Notwithstanding clause 5 (f), in the event that your Clearpay Account has been terminated for any reason, our respective obligations with respect to product returns under clause 5 will continue only as long as: (i) all amounts that are due have been paid; or (ii) 120 days have passed since the last Order, the first of the two. After that date, the Reseller will be solely responsible for processing all product returns and related refunds. 4 Orders, payments and billing 4.1 Order confirmation and payment plan (a) All orders placed with Clearpay are subject to approval, in our reasonable discretion. Clearpay can choose not to approve an Order or to provide a Product to the user, or it can cancel an approved Order before the goods or services are delivered or supplied, if: (i) we consider it reasonably necessary in order to: (A) protect the integrity of our systems or Products; (B) prevent fraud; (C) limit the risk of money laundering or terrorist financing; or (D) protect us against legal, regulatory or non-payment risk; (ii) does not pass our audits or checks, including those described in clause 7; (iii) we reasonably suspect, or are aware, that the user has violated this Agreement substantially (even by not making any payment due under this Agreement on the expiration date); (iv) an Order is placed with a Merchant in a different jurisdiction which is not permitted by Clearpay; or (v) otherwise, we reasonably believe that the Order is suspect. (b) If we cancel an approved Order: (i) we will apply a full refund of all amounts you have paid to us on the default payment method or (if this is not possible) to any other card details of which you have provided us with, and we will cancel any future payments relating to that Order . In the event that the approved Order is canceled because Clearpay has undergone a chargeback in relation to a payment for the approved Order, such payment will not be refunded by Clearpay. Any return of funds in this case will take place between the user and his issuing bank. The affiliated merchant will not be obliged to deliver the goods (or to provide the services) covered by the Order, unless this is required by law; (ii) the user will have no obligation to make further payments, or any other relationship in progress, in relation to that Order; is (iii) if you wish to proceed with the purchase from the Affiliated Merchant, the Affiliated Merchant may accept an alternative payment method at its discretion, or if required by law. (c) Once your Order has been approved, you will receive an e-mail from us with the confirmation of receipt of the Order and a payment program. (d) You undertake to ensure that payments are made in accordance with the Payment Schedule. You can make prepayments through your Clearpay Acount, otherwise Clearpay will automatically process payments in accordance with the due dates indicated in the Payment Schedule. You authorize Clearpay to process such payments using the details of the Payment Method provided. If an automatic payment fails on any of the dates specified in your Payment Schedule, Clearpay reserves the right to retry to process the payment at a later time or date. 4.2 Automatic Payments and Your Continuous Payment Authority (a) An "automatic payment" is a payment, through your chosen payment method, which will automatically be charged directly to your credit card ("default payment method") on a one-off or regular basis for agreed amounts, as indicated in the payment plan based on an SDD direct debit mandate. You will have the option to select a preferred payment method and default payment method when your Clearpay account is created. You can update or change your default payment method or preferred payment method at any time through your Clearpay Account. You can add more than one payment method when you create your Clearpay account or at any time later through your Clearpay Account. (b) Subject to the other terms of this Agreement, you expressly authorize Clearpay to deduct automatic payment amounts from your default payment method and any other payment method listed on your Clearpay account for the amounts and due dates. in your plan. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts to or from your default payment method, in accordance with your payment plan and the terms of this Agreement. (c) You can cancel an SDD direct debit mandate at any time by contacting your bank directly, in which case we will no longer be authorized to accept payments under the CPA. If you cancel an SDD direct debit mandate, you still owe us the remaining balance of your payments and you will have to make your refunds using an alternative method. (d) It is your responsibility to ensure that you have sufficient funds in your default payment method to make automatic payments on the dates specified in your payment plan. You are responsible for any fees or charges imposed by your default payment method, except to the extent that such fees or charges arise from our error or system failure. If fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or expenses. (e) If an automatic payment fails (for example, if the default payment method is an expired credit or debit card), we can take the payment from another payment method listed on your Clearpay account and we can make up to 4 attempts on each of these payment methods. If our payment attempts fail, Late Fees may apply, unless you otherwise make your scheduled payment on or before the due date. You authorize us to pay any amount and: (i) Charge the default payment method at a later date or time; (ii) Debit any other Cards for which you have provided details; (iii) Offset the payment amount with any amount we owe you; or (iv) Any other legal action. 4.3 Late payments (a) If you fail to pay any amount under the Payment Schedule, Late Fees will apply to any payments due but not received. For the avoidance of doubt, Late Fees will not apply until the day immediately following that on which payment is due. (b) We may, in our sole discretion, delay or waive any or all of any Late Fees. If Delay Fees are or could be generated due to a Clearpay error, please let us know, and we will waive or refund those fees. (c) we will contact you as soon as possible to let you know that a payment was unsuccessful and to discuss how it can be made. We will adopt a recovery procedure whereby we will do our best to work with you to update the contract. However, please be aware of the consequences of non-payment referred to in paragraph (d) below. (d) In the event of a non-payment, we will add the details of such non-payment to your credit information in the credit information system. Missing payments can affect your creditworthiness and make it more difficult to obtain credit in the future. You shouldn't make any loans if you feel you can't honor your payments now or you can't make it in the future. (e) Any payment received will be applied to the oldest outstanding payment, for example, if the second and third payments are outstanding and you make a payment to us, it will be applied to the second refund in full. The remaining money once the second payment has been fully paid will be applied to the third refund. 4.4 Cross-border transactions In the event that you use our Products to make a Transaction, we will convert the amount charged by the Affiliated Merchant for the goods in your v local currency using a retail exchange rate selected by Clearpay at our discretion to determine the Original Order Value and amounts due in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect currency fluctuations in the foreign exchange market. No commission will be applied to the exchange rate applied to make the conversion. 4.5 Interest No interest expense is due for the use of our Products. 5 Refunds (a) If you decide to return goods to a Partner Merchant, which were purchased using our Products, and request a refund, or a return and refund are still accepted by the Merchant or permitted by law, you will arrange the return directly. with the Merchant, ensuring that the goods are returned according to the return policy of the same or other instructions or your legal rights. (b) It is your responsibility to inform the Affiliated Merchant if you intend to return the goods. The return must be completed within the specified period and in the manner required by the return policy of the Affiliated Merchant or as otherwise permitted by the Affiliated Merchant. (c) Unless we are notified by a Merchant that a return and refund is pending, we will continue to process any Automatic Payment in accordance with the dates set forth in your Payment Schedule. (d) Until the Merchant has confirmed the return of the goods and has issued us a refund for such goods, you will remain responsible to us for the full payment of the goods, in accordance with your Payment Program. (e) Once the Merchant has notified us of a refund for the merchandise, we will issue a refund to your default payment method (or, if this is not possible, to any other card whose details you have provided) and / or we will modify your payment schedule as appropriate (including to reduce or cancel any future payments, if necessary). Please note that, in the case of partial refunds, the refund amounts are deducted first from the last payment. If the refund is being processed on your expired or canceled card, you will need to get the funds returned by contacting your financial institution. For example, if you make a purchase of 400 euros using Clearpay and the retailer approves a refund of 250 euros, we will cancel the third and fourth installments of 100 euros and change the second installment to 50 euros. Your new payment plan will become 2 payments (instead of 4) of € 100 and € 50. If you have already paid 2 installments of 100 euros each, a refund of 50 euros will be applied to your card and the other 2 installments will be canceled. When a Merchant issues a refund for a cross-border transaction, Clearpay will use the original retail exchange rate (used at the time of the order) to determine the refund amount to apply to your default payment method for the goods in question. For example, if an Australian retailer charges AUD 100 for goods converted at € 70 as the original order value, if the Merchant issues a refund for AUD 50, the order total and payment schedule will be adjusted by € 35. (f) Where you wish to return a product after 120 days or more from the date of purchase, we will no longer have any involvement in the product return process (ie the Merchant will directly provide you with any agreed refunds). 6 Right of cancellation 6.1 Cancellation and settlement You can cancel and terminate any loan agreement at any time prior to the final repayment due by repaying us the unpaid balance of that loan agreement. 6.2 Exercise of the right of withdrawal If you wish to exercise your right of cancellation and termination, you can contact us on dpo@clearpay.it. Alternatively, you can write to us by registered letter with acknowledgment of receipt at Via Leopardi 3, 20123 - Milan or on another Durable Media by certified e-mail to the address clearpay@legalmail.it. 7 Evaluation and controls 7.1 Evaluation Each Order is subject to our approval, in accordance with Article 4.1. 7.2 Refund ability and identity checks (a) We may verify your identity, also pursuant to Legislative Decree. 21 November 2007, n. 231, on anti-money laundering and the prevention of terrorist financing, and related implementation measures, as well as the operational procedures adopted from time to time by Clearpay, in order to ensure compliance with current regulatory provisions and the security of transactions. (Information about the payer). Verifying your identity does not mean that we will approve your order (see cla use 4.1 (a) for other variables considered). (b) You agree to provide any information or documentation reasonably required by Clearpay or a Merchant to verify your identity in connection with your Clearpay Account or Orders. (c) As part of our approval process and our assessment of whether or not you have the means to make payments to Clearpay under the Payment Plan, we may conduct a pre-authorization of your default payment method. This may involve depositing funds into the account linked to your default pending payment method every time you make an online purchase, get a barcode for an in-store purchase, or add a new card to your Clearpay account. For online purchases: (i) the amount of the pre-authorization will not exceed the first installment (plus one cent) due to us for that purchase; is (ii) we immediately instruct your bank to cancel this pre-authorization operation. For in-store purchases: (iii) the pre-authorization amount will not exceed 25% of the barcode value (plus one cent); is (iv) in the event that a barcode is obtained but a purchase does not result, the bank is instructed to cancel the pre-authorization operation upon expiration or cancellation of the barcode. No funds are received by Clearpay during the pre-authorization process. 8 Our intellectual property (a) Our website and all content on our website are the exclusive property of Clearpay. The information on our website is for information purposes only and is subject to change without notice. (b) You may not copy, imitate, modify, alter, modify or use without our prior written consent any URL representing our website, or any of our content, logos, graphics, icons or other content posted on our website or in our printed media. 9 Complaints and disputes 9.1 Disputes with a Merchant (a) In the event of a dispute with an affiliated Merchant, it is necessary to file a complaint through direct contact with the Merchant. (b) While Clearpay will endeavor to facilitate communication between you and the Merchant to enable resolution of all disputes, the outcome of disputes with Merchants will not affect Clearpay's rights and remedies under this Agreement. or your obligation to meet payments due to us, except as expressly provided in clause 5. 9.2 Disputes with Clearpay (a) Our goal is: (i) Confirm receipt of all complaints within 5 business days; is (ii) Resolve all complaints within 21 days. (b) If you wish to file a complaint, you must contact the Complaints Office, Via Leopardi 3, 20123 - Milan, e-mail: reclami@clearpay.it. Complaints must be submitted as soon as possible. (c) We may request additional documentation from you to help us resolve any complaints or disputes, and you undertake to provide us with all reasonable assistance to help us resolve any complaints or disputes. (d) If we are unable to resolve a dispute within 21 days, we will inform you of the reason for the delay, as well as an indication of when we expect to resolve the complaint or dispute. (e) If the Complaints Office has not provided a response within 60 (sixty) days, the response has not been wholly or partially satisfactory or if the complaint has not been accepted, you can - provided that more than 12 (twelve) months from the submission of the complaint to Clearpay - refer you to the Financial Banking Arbitrator (ABF). To find out how to contact the ABF and the scope of its competence, read the "ABF in simple words" guide or consult the arbitrobancariofinanziario.it website, or ask Clearpay. The ABF's decision does not affect the possibility of submitting complaints to the Bank of Italy or of appealing to the ordinary judicial authority. (f) For the purposes of complying with the mandatory mediation obligations provided for by Legislative Decree 4 March 2010, n. 28, before resorting to the judicial authority, the User and Clearpay must undergo the mediation procedure, as a condition of admissibility, using: (i) to the Banking Conciliation Body constituted by the Financial Banking Conciliator - Association for the resolution of banking, financial and corporate disputes - ADR (www.conciliatorebancario.it), where the relevant Regulations can also be consulted), or (ii) to one of the other mediation bodies, specialized in banking and finance, registered in the appropriate register kept by the Ministry of Justice. (g) The condition of admissibility referred to in the aforementioned legislation is understood to be fulfilled even if the user has carried out the procedure referred above at the ABF. For more information, the Customer can consult the "Practical Guide on the Financial Banking Arbitrator", available on the Clearpay website. 10 Notices and Communications 10.1 How we will communicate with you (a) This Agreement and any other agreements, notices or other communications regarding your Clearpay Account and / or the use of our Products may be provided to you electronically. (b) You agree to receive all our communications in Italian and in electronic format. Communications will be published in the area reserved for members of our website (where permitted by this Agreement) and / or sent to your e-mail address. (c) Alternatively, we may choose to notify you via: Alternatively, we may choose to notify you via: (i) personally at, or sent by post, to the contact address indicated on your Clearpay account; or (ii) sending via other electronic communication methods using the contact details listed in your Clearpay account (including text messages). (d) When a notice is served personally, the notice is deemed to have been made at the time of delivery. In case of sending a notice by post, the notification of the notice is considered to have been made on the second day following the date of shipment. If a notification is sent by e-mail or by other electronic means, the notification of the notification is deemed to have been made on receipt. 10.2 How you can communicate with us (a) Notices Unless otherwise explicitly stated, any notice must be sent to us by e-mail by e-mail: clearpay@legalmail.it or by post to: Clearpay customer service, Via Leopardi 3 20123 Milan (MI) b) Other communications If you wish to contact us for any other reason, you can do so by writing to: attentzionealcliente@clearpay.com. 11 General 11.1 System Outages (a) Access to our Products or websites may occasionally be unavailable or restricted due to hardware or software failures or defects, system capacity overload, damage due to natural events or disasters, power system failure , labor shortages or disruptions, legal or regulatory restrictions, as well as other causes beyond our control. (b) To the extent permitted by law, Clearpay will not be liable for any loss or damage you may suffer as a result of the unavailability of our Products or our website. 11.2 Transfers or assignments (a) You may not transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld. (b) We may transfer or assign this Agreement, and any rights under this Agreement, to third parties without notice or your consent unless the assignment affects your rights under the Agreement (in which case we will ask for your consent. prior to the assignment, consent which must not be unreasonably denied). 11.3 Applicable law and competent court (a) This Agreement is subject to Italian law. Any dispute between the user and Clearpay will be devolved to the exclusive jurisdiction of the Court of the Customer's place of residence or elected domicile. 11.4 Third Party Rights The contract has no effect with respect to third parties that in the cases provided for by law (Article 1372 of the Italian Civil Code) 11.5 The entire agreement This agreement contains the entire agreement between Clearpay and the user in relation to the subject of this agreement and cancels and replaces any previous agreement, declaration or understanding in writing or speaking between Clearpay and the user in relation to this agreement. Each party confirms that it has not entered into this agreement based on any representation that is not expressly incorporated into this agreement. 11.6 Variation Any changes to this agreement will only be effective if made in writing and signed by both Clearpay and you. 11.7 Severability If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of this Agreement, which will remain in full force and effect. 11.8 No Waiver If Clearpay does not, at any time, assert its rights towards you under this agreement, it does not waive its right to exercise them. b) Other communications If you wish to contact us for any other reason, you can do so by writing to: attentzionealcliente@clearpay.com. DEFINITIONS Agreement: This agreement and its program, along with any policies and documents incorporated by reference. Clearpay Account: An account that Clearpay creates to uniquely identify you and to allow you to use our Products. Clearpay Affiliate: a company or related entity of Clearpay, including one in another country self. Card: any national credit or debit card issued by Visa or MasterCard, excluding gift cards and some prepaid cards. Cross Border Transaction: A Clearpay purchase between you and a reseller in a foreign jurisdiction permitted by Clearpay. Gift Card: a stored value card or a prepaid card which, once activated: (a) can be used to purchase goods or services; (b) cannot be converted into cash; (c) can be used on multiple occasions; (d) is marketed exclusively as a gift card; (e) it is not a component of another financial product; is (f) displays or enables prominent display on the card or mechanism: (ii) the number of months following the purchase in which this card or mechanism expires (together with the space to write the purchase date on that card or mechanism). For the avoidance of doubt, the Gift Card includes both open circuit and closed circuit prepaid cards. "Late fee": the fees indicated in the "Summary" of this agreement. Default payment method: has the meaning given in 4.2 (a). Order: A request you make to use a Clearpay Product to pay for goods or services offered by a Merchant. Original Order Value: the total cost of your order when it is approved by Clearpay (before any refund is applied). Payment Method: Any payment method that Clearpay accepts from time to time. Payment Schedule: means, in relation to an Order, a list of the payment amounts that Clearpay is entitled to receive from you, and the relative due dates of each payment. Products: the payment products and associated services offered by Clearpay from time to time. Merchant or Merchant: means an online or in-store merchant with whom Clearpay or a Clearpay Affiliate has a business agreement and whose goods or services may be purchased by you using our Products. Website: Clearpay.com and any other website operated by Clearpay, including the Clearpay App.