The following TOS and any other rules posted on our Site (collectively the “TOS”) constitute an agreement between Term Financial Corporation (“Term Payments, “we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the TERM PAYMENTS website, related micro-sites accessed through the URL www.termpayments.com, related domain names, and any other website or micro-site of TERM PAYMENTS (collectively the “Site”).

    • By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
      Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about TERM PAYMENTS Privacy Policy before you register to use this Site or any of this Site’s services.
      Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
      • Registration & Account Terms and Conditions
      • Eligibility to purchase
      • Orders
      • Pricing policy
      • Sale price adjustment policy
      • Acceptance of your order
      • Payment
      • Gift cards
      • Promotion codes
      • Insurance and delivery
      • Returns and exchanges
      • Intellectual property rights
      • Content
      • No commercial use
      • Your activity
      • Third party
      • General
      • Indemnification
      • Digital millennium copyright act
      • General legal terms
  • REGISTRATION & ACCOUNT TERMS AND CONDITIONS
    • To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@termpayments.com. We may also change registration requirements from time to time.
      Here are the some of the benefits you’ll be able to enjoy by registering with us for a NET-A-PORTER account:
      • Track your orders and review past purchases
      • Request your return or exchange directly from your account
      • Build a customized Wish List to create personalized outfits that you can email to friends and family. Plus, you can also print your shopping lists for increased convenience
      • Add sold out items to your Wish List so you can see if more stock arrives
      • Select your Favorite Designers so we can tell you when new items have arrived
      • Add a gift card and keep track of any store credit on your account
      • Save your address and card details so you can shop even quicker next time
      • Manage your account details, address book and email preferences
    • To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify TERM PAYMENTS immediately of any breach of security or unauthorized use of your account.
      Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care Team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.
      Forgotten password
    • If you have forgotten your password, click here to change it or follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.
      Please refer to our Privacy Policy for information about how we use your data.
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  • ELIGIBILITY TO PURCHASE
    • The purchase of merchandise through Term Financial Corporation (“TERM PAYMENTS) is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California.
      In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
      The Site is available only to individuals and others who meet the TERM PAYMENTS terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to TERM PAYMENTS, and who have authorized TERM PAYMENTS to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, TERM PAYMENTS reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
      By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where TERM PAYMENTS feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
      Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
      Please refer to our Privacy Policy for further information about how we use your data.
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  • ORDERS
    • All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.
      TERM PAYMENTS offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to TERM PAYMENTS. TERM PAYMENTS will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at TERM PAYMENTS. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
      Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
      If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
      TERM PAYMENTS will store a record of your transactions for a minimum of one year.
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  • PRICING POLICY
    • Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).
      From time to time, prices are subject to change in response to currency exchange rate changes,markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
      Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
      If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
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  • SALE PRICE ADJUSTMENT POLICY
    • TERM PAYMENTS is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your TERM PAYMENTS account in the form of a store credit which will be valid for 12 months.
      We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
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  • ACCEPTANCE OF YOUR ORDER
    • Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
      Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and TERM PAYMENTS will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of California, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of TERM PAYMENTS.
      We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
      Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
      Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
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  • PAYMENT
    • Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to TERM PAYMENTS. Payment will be debited and cleared from your account upon completion of the packing of your order by TERM PAYMENTS. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
      If the issuer of your credit/debit card refuses to authorize payment to TERM PAYMENTS, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don’t have an item that you have ordered in stock, we’ll notify you by email immediately.
      Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
      We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered TERM PAYMENTS user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
      To help ensure that your shopping experience is safe, simple and secure TERM PAYMENTS uses Secure Socket Layer (SSL) technology.
      Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
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  • GIFT CARDS
    • The following terms and conditions apply to sale and use of Gift Cards sold on www.termpayments.com:
      Buying a Gift Card
      • If you are buying a virtual Gift Card for someone, then it will be e-mailed to the recipient once your order for the Gift Card has been processed and payment has been taken. A copy will also be sent to you as confirmation of dispatch.
      • If you are buying a physical Gift Card for someone, then it will be posted to the recipient once your order for the Gift Card has been processed and payment has been taken. An email will be sent to you as confirmation of its dispatch. Please note that shipping charges will apply to physical Gift Cards and this will be applied at check out.
      • We are not liable for any failure or incorrect delivery of a virtual or physical Gift Card due to you failing to provide the correct, current or complete information about the recipient. It is your sole responsibility to ensure the accuracy and completeness of the information you provide about the recipient.
      • We are not responsible for any Gift Card that is lost, stolen, destroyed or used without permission.
      • We reserve the right to cancel a Gift Card if we deem such action necessary.
      • Promotion or discount codes cannot be applied to the purchase of a Gift Card, with the exception of free shipping codes which can be applied to physical Gift Cards orders, unless otherwise notified by us.
    • Using a Gift Card
      • No fees are imposed on TERM PAYMENTS Gift Cards and they do not expire.
      • Gift Cards can be redeemed against all products either on www.termpayments.com, or via telephone by calling Customer Care at +1 628-225-2584,  9 am to 8 pm, Monday thru Saturday.
      • Gift Cards are transferable to other registered users of TERM PAYMENTS. Gift cards can only be redeemed on www.termpayments.com and not on any other site owned or controlled by Term Financial Corporation or any of its affiliates.
      • Gift Cards cannot be exchanged for cash or other products.
      • If your order total is less than the value of the gift card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your gift card balance online via your “My Account” page. If you do not have an account on www.termpayments.com, we will set up a temporary account for you to hold any remaining Gift Card balance as store credit which can then be redeemed against your next purchase on www.termpayments.com. In order to access this temporary account, you will need the email which you used when placing your order using the Gift Card, and then you will need to follow the “reset password” instructions to set a new password in order to access the account.
      • If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. Otherwise, if your order exceeds the value of the Gift Card and you do not have any existing store credit on your account, the remaining balance must be paid by credit or debit card.
      • If you return products you have purchased using a gift card, the refund will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your store credit balance online via your “My Account” page. If you do not have an account on www.termpayments.com, we will set up a temporary account and issue your refund as store credit which can then be redeemed against your next purchase on www.termpayments.com. In order to access this temporary account, you will need the email which you used when placing your order using the Gift Card, and then you will need to follow the “reset password” instructions to set a new password in order to access the account.
      • All purchases made using a Gift Card will be subject to the terms and conditions on www.termpayments.com.
      • We reserve the right to amend these terms and conditions at any time.
      • Please refer to our privacy policy for more information on how we process personal data in respect of Gift Cards.
      • These terms and conditions are governed by, and construed in accordance with the laws of the United States and any dispute (including non-contractual disputes) arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of the United States.
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  • PROMOTION CODES
    • Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. 
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