Copyright 2020, Purple haze.
Terms and Conditions
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, PurpleHaze Shoes reserves the right to suspend accounts without further notice.
In accordance with Customs regulations customers must provide valid and accurate data . All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases.
Please note that there may be certain orders that we are unable to accept and must cancel. PurpleHaze Shoes reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
PurpleHaze Shoes is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.
We inform our customers of the peak season in advance via banners and newsletters, and offer suggestions for the final order date and shipping methods for this period. We can therefore not be held responsible if an item does not arrive in time for any occasion.
All orders reported as “delivered” by shipping companies are considered delivered. PurpleHaze Shoes cannot be made liable of non-delivery in this case.
Kindly note that due to shipping restrictions, only paid, processing and partially shipped orders can be edited.
All other orders and order information cannot be canceled or modified.
If you would like to cancel a packed or shipped order, please contact our Support Center as soon as possible. Our agents will do their best to assist you.
In the rare event that an order cannot be canceled and is shipped out, kindly accept the goods and our warranty will become effective.
PurpleHaze Shoes ships from different global warehouses using different shipping companies a d courier companies. We partner with well known international shipping companies to ensure your package arrives to your door safely and within the estimated timeframe. We also offer free flat rate shipping on all our products to most destinations. Therefore, any and all customs or import duties are charged once the parcel reaches its destination country. If any, these charges must be paid by the buyer. Should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the cost involved in the process.
Customer Code of Conduct
PurpleHaze Shoes aims to solve every single customers issue to their satisfaction. However, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service staff or PurpleHaze Shoes may, for example, include any of the following:
-Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
-Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
-Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to Purplehazeshoes.com .
-Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
-Excessive number of complaints compared to the total purchase value history.
For such behavior, complainants may be advised and formally notified of the following:
-Their language is considered offensive, abusive, threatening, and wholly unacceptable.
-They must refrain from using such language, intimidation, and threats.
-There will be no further exchange of correspondence on the matter if they persist with this behavior.
-PurpleHaze Shoes reserves the right to no longer accept orders from the customer in the future without further notice.
While PurpleHaze Shoes strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, PurpleHaze Shoes shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, PurpleHaze Shoes may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by PurpleHaze Shoes is based upon figures calculated in British Pounds.Prices displayed in other currencies are converted from British Pounds according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non British Pounds denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where none British pound denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to PurpleHaze Shoes, excluding shipping.
PurpleHaze Shoes has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charge by the issuing bank or a third party payment provider. These fees are solely the customers responsibility and will not be reimbursed by PurpleHaze Shoes
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that PurpleHaze Shoes is not responsible for the operation of or content located on or through any such site.
Default Subscription to Newsletter for Registered Users.
Klarna Services Terms
These terms apply between Klarna Inc., including its foreign branches, (“Klarna”) and you when you use Klarna’s services and features as described in these terms (the “Services”). You sign up for the Services by accepting these terms. By accepting these terms you also agree to:
- Mandatory Arbitration of Disputes
- Electronic Communication Agreement
- Permission to Obtain Credit Reports for Shopping
You can at any time access these terms via the Klarna App or our website.
Description of the Services
For Klarna, shopping is not just about finding great stuff and paying for them – it is also about enjoying a great shopping experience at the store of your preference, a state of the art app, and many other things. Simply put, a smoooth user experience both before you have done your purchases and after you have done a purchase. These terms explain in more detail what this means. Please note that additional or different terms may apply to a specific financing or interest-free installment product offered through the Klarna App or website.
1. Autofill and preferences
In order for you to have a smoooth and friction free shopping experience we will remember some information about you and use that information to autofill different forms with your information during your shopping. This will enable you to save time and focus on more important stuff than filling out the same information over and over again. Let us explain in more detail how this works.
Autofill through input of limited information
While using the Services, we may ask for your information, such as name, address, telephone number, email, birth date, personal identification number, as well as other information as applicable. We will keep this information in our systems so that when you return to us, you will only need to provide basic information such as phone number, email, zip-code, or national ID number (dependent on the country) in order for us to prefill the remaining fields with your other information.
Autofill through a Klarna cookie
An additional method we can use to autofill your information is by Klarna placing a Klarna-cookie on your device (computer, tablet, mobile phone, etc.). You may choose to store your information such as name, address, telephone number, email, date of birth, or personal identification number, and card details with Klarna. If you do so, we use the cookie to fetch that information from Klarna’s storage , and the cookie will help us to autofill them when you shop with Klarna.
By accepting these terms you give Klarna a consent to store this cookie on your device.
If you don’t want to use the Autofill functionalities you can contact us and we will disable them. You can also disable them from the Klarna App or by adjusting your autofill settings during the purchase process. You can at any given time delete all cookies on your device, which deletes our cookie as well.
Autofill while shopping directly from the Klarna App
When you shop directly from the Klarna App we can also autofill your information on the site where you are shopping. This is enabled by you being logged in to the app and we know it is you that is shopping.
Preselected preferred payment methods
In order to make your shopping experience even smooother Klarna can, based on your previous purchases, pre-select the payment method that we believe to be your preferred way of paying. You may however also have access to other payment methods should you prefer to switch to another method than the one we pre-selected for you.
2. Klarna App
The Klarna App, provided to you by way of an app or a web portal is your online shopping assistant, constituting your hub for all your purchases through Klarna and all other great features Klarna offers. By using the Klarna App you can pay for your purchases, track your packages and many more things. Some of these features are activated by downloading the app or logging in through the web portal, while others can be activated by you after login. The exact content of features can differ between different country versions of the Klarna App. Klarna updates the Klarna App continuously with new and improved features. To mention a few of the features we are most proud of:
- View your purchases and transactions
- Manage your payments
- Easy interaction with Klarna
Examples of other features we may offer depending on country version:
- Shopping services like search functions, an overview of stores that we think you will like, as well as personalised recommendations, offers and other content
- Shop using Klarna or WebBank’s payment methods – even at stores which does not yet use Klarna
- Order, delivery or parcel tracking
- Easy return handling and refunds
- Personal finance overview and management
- Display and storage of your transactions, purchases, receipts, images and other material
- View your orders made via stores or entities unrelated to Klarna
- Create and share collections of goods or services of your choice
- An assistant that suggests to help you to fill in various information (such as payment method, card details, shipping address) by use of autofill
User Posted Content
As a Klarna App user you may, at your own discretion, upload, publish and share your content, such as collections, images and nickname. You acknowledge that by sharing content you make it publically available, and means that information about you becomes available to others, and may be used and shared further by other individuals.
You may only upload, publish or share content which you have the right to use, upload, publish or share, and which do not violate law, this Agreement or third party rights.
You agree to not upload, publish or share content which is unlawful, fraudulent, abusive, threatening, violate the rights of others, offensive or criminal (such as agitation against ethnical groups, child pornography or unlawful depictions of violence) or ; transmitting content that contains viruses, Trojan horses, spyware, adware, malware, or other harmful or damaging programming; distributing unsolicited advertising (spam) or any other form of harassment.
Klarna reserves the right, without obligation, to monitor, review, adjust, inactivate or remove content, without notifying you or a third party, in our sole discretion.
You are solely responsible for your upload, publication and sharing of content, and agree to indemnify and hold Klarna harmless from damages, loss or costs incurred by your upload, publication or sharing of content, including in connection to third party claims against Klarna.
Permission to obtain credit report when paying with Klarna
You authorize Klarna to obtain consumer reports and other information about you from consumer reporting agencies when you elect to view payment options offered by Klarna for a contemplated purchase where pay over time or financing options are available. You agree that we may use such consumer reports and other information to determine your eligibility for this and other payment options, and for the maintenance and collection of your account with us. We will only obtain consumer reports that do not impact your credit score and do not leave a hard inquiry on your credit report.
You authorize WebBank, Member FDIC and Klarna to obtain consumer reports and other information about you from consumer reporting agencies when you elect to view payment options for a contemplated purchase through Klarna anytime you click on “Do you want to pay with Klarna?” or similar language in the Klarna App or other Klarna service. After you click on “Do you want to pay with Klarna?” or similar language to make a purchase, a consumer report will be obtained to determine your eligibility for a loan with interest from WebBank and an interest-free loan from Klarna. A consumer report will be obtained even if you intend to pay using a credit or debit card. You also authorize WebBank and Klarna periodically during the servicing of any loan, including for the maintenance and collection of your account, to obtain consumer reports or other information about you from consumer reporting agencies. You authorize the use of such consumer reports or other information for any other lawful purpose, including determining your eligibility for financing or interest-free installments, authenticating your identity, or making decisions related to the servicing and collection of your account or loan.
We will only obtain consumer reports that do not impact your credit score and do not leave a hard inquiry on your credit report when you apply for a loan with interest from WebBank or an interest-free loan from Klarna. If you apply for an open-end Klarna Credit Account offered by WebBank, member FDIC, we will do a hard inquiry.
4. Show historical purchases and transactions
We save information about your purchases and transactions in the Klarna App. As a part of the Services provided under these terms, Klarna enables you to see information about your purchases and transactions in the Klarna App. If you want to learn more about how Klarna uses this information, and other information we have about you, please see our Privacy Notice.
5. Offers and benefits
Klarna may offer you, offers and benefits such as discounts, special events, pre-access to products, sales promotions, merchant offers, sampling and giveaways. What offers and benefits you receive will be based on your previous actions such as number of purchases, purchase amounts, or usage of Klarna Services.
Are there any costs for the Services?
The Services are free of charge. When you use the Services, you may be offered other products or services. Please note that interest and fees may apply if you enter into a loan with interest from WebBank. Please also note fees may apply if you enter into an interest-free loan from Klarna. So make sure you check the disclosures and other information for these products.
Improvement of the Services
We constantly work to improve our Services in order for you to get an even smooother user experience. This may require changes to these terms. In this case, you will be asked to accept the new terms before you can continue to use the Services.
Privacy and your personal data
Cookies and similar tracking technologies
You shall always provide correct information and use your own and correct identity. Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Services in a non-prescribed way, will be seen as a misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. Klarna reserves the right to block the Services from further usage.
If you upload, import or share content to Klarna, like images, texts, receipts, information on goods, service or deliveries, or other content, you grant Klarna a royalty-free right to use and display the content for purposes of delivering Klarna Services. We have the right to remove any content uploaded or shared by you if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable. You are liable for any content uploaded or shared by you. You acknowledge and agree that if you upload, import or share content that is abusive, threatening or offensive, or violates, or Klarna may reasonably assume to violate, law or your agreement with Klarna, we may terminate or deactivate your use of the Klarna App.
To be eligible to use the Klarna Services, you must:
- have full legal capacity to enter into a contract;
- be at least eighteen (18) years old or of legal age in your state of residence; and
- provide your personal details.
Consent to communication
By subscribing to Klarna and/or WebBank with your landline or mobile telephone number, you consent to receive calls and/or texts at that number, including those sent through the use of automated technology and/or prerecorded messages, regardless of whether the number is on the federal or any state do-not-call list. You may opt in via the Klarna app to receive Klarna’s alerts and promotional deals. Messaging frequency may vary depending on in-app Notifications preferences. Klarna and third parties representing Klarna may use this number to call and/or text you with one-time verification codes, service and order updates, payment reminders, and other transactional messages. Klarna’s merchant partners may use this number to call and/or text you with order and payment updates. Your carrier’s standard message and data rates may apply. The wireless carriers do not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages. To opt-out from future alerts and promotion messages from Klarna, text STOP to 99398 or 69010. For additional help with messaging preferences, text HELP to 99398 or 69010 or contact Customer Service here or call (844)-552-7621.
Authorization to charge payment method
You represent that you are authorized to use any payment method you present to Klarna and authorize Klarna to (1) debit, withdraw or charge your payment method and (2) to initiate any credit, debit or charge to your payment method in order to process any returns, chargebacks, reversals, refunds, corrections or other necessary adjustments. All card payments are subject to authorization by your card issuer. If you are not given the digital invoice option and you select to pay by credit or debit card, Klarna will process the payment when your order with the merchant has been confirmed.
Your relationship with merchants
Klarna is not in any way responsible for the goods or services you order or purchase from merchants, including, without limitation, the quality of such goods and services and how and whether such goods or services are delivered. Klarna does not provide any endorsements or guarantees for any goods or services offered for sale on third party websites linked to the Klarna Services. Klarna does not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the Klarna Services. You must contact the merchant to resolve any issues you have with respect to the goods and services you ordered or purchased from the merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements you entered into with the merchant in connection with your order or purchase. Further, you may have certain dispute rights through your credit card issuer if you pay with a credit card. Any disputes filed with your credit card issuer shall be between you and the issuer, and Klarna shall not be held liable for such disputes.
In connection with your use of the Klarna Services, you agree not to do any of the following:
- Infringe our intellectual property rights;
- Fail to provide us with any information about you that we may reasonably and legally request; or
- Reveal any PIN or similar code we send you to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or similar code.
Third party services
Some features used by you, for example parcel tracking, may include services provided by a third party. Logistic companies’ tracking functions is an example of this. When you use features which are relying on third party services you authorize Klarna to utilize those services on your behalf. We do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of those third party services.
Duration and termination of this agreement
This agreement is concluded for an indefinite period of time. It applies until it is terminated by you or us and can be terminated at any time, except that the Mandatory Arbitration of Disputes section will still operate after termination. Please note that in case of a termination, the use of the Services, including any features provided in, or managed via, the Klarna App, will no longer be available.
THE KLARNA SERVICES ARE PROVIDED “AS IS” AND KLARNA AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE KLARNA SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KLARNA DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Klarna does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Klarna Services. Use of the Klarna Services may be interrupted due to events outside Klarna’s reasonable control, such as delays in the banking system or credit card networks. Klarna will use commercially reasonable efforts to process payments in a timely manner, but Klarna makes no representations or warranties regarding the time it takes to complete any transaction
Klarna does not approve or control any third party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.
Limitation of liability
IN NO EVENT SHALL KLARNA AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF KLARNA OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE KLARNA SERVICES, KLARNA WEBSITES OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLARNA AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF KLARNA OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ANY KLARNA SERVICE OR ANY KLARNA SITE; (2) DELAYS OR DISRUPTIONS IN ANY KLARNA SERVICE OR ANY KLARNA SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY KLARNA SERVICE OR ANY KLARNA SITE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN ANY KLARNA SERVICE OR ANY KLARNA SITE; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY KLARNA SERVICE OR ANY KLARNA SITE; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THESE TERMS. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Klarna or its affiliates, knew or should have known about the possibility of damages.
You may not transfer or assign any rights or obligations you have under these terms. To the extent not otherwise already permitted by applicable law, we may transfer or assign these terms or any right or obligation under these terms at any time provided that such transfer does not alter your rights and obligations under these terms to your detriment.
These Terms, along with any applicable Klarna policies and other agreements that you have agreed to, sets forth the entire understanding between you and Klarna with respect to the Klarna Services. It supersedes any prior agreements between you and Klarna regarding your use of the Klarna Services. All parts of these Terms apply to the maximum extent permitted by law. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No third party beneficiaries
These Terms are for your and Klarna’s benefit. It is not for the benefit of any other person, except for Klarna’s parent and affiliates and WebBank, which you agree are third party beneficiaries, as well as Klarna’s successors and assigns.
Governing law, venue
You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Klarna, except as otherwise stated in these Terms. Subject to the Arbitration Provision, you may also litigate any dispute in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated with Klarna informally first. If you apply for a loan or obtain a loan, the application and terms of the loan will be governed by federal laws and the laws of the state of Utah to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.
Klarna Inc. PO Box 8116, Columbus, OH 43201. Klarna Customer Service. (844) KLARNA1
For complaints, the information provided on www.klarna.com applies. If you have a complaint towards Klarna, you can submit your complaint through the contact form on Klarna’s website (klarna.com) or via postal mail with the keyword “Complaint” to Klarna’s address.
Important Information for South Dakota Consumers
Any improprieties by Klarna regarding its product offerings, or related practices may be referred to the South Dakota Division of Banking at: South Dakota Division of Banking, 605.773.3421, 1601 N. Harrison Avenue, Suite 1, Pierre, SD 57501. Fax: 866.326.7504, email@example.com.
Important Information for Washington Consumers
Fraudulent transactions may result in the loss of your money with no recourse.
You agree that any and all disputes or claims, including without limitation federal and state regulatory and statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, arising out of or relating to these Terms or the relationship between you and Klarna or WebBank, and their agents, employees, officers, directors, predecessors in interest, and successors and assigns, shall be resolved exclusively through final and binding arbitration, as set forth in this (“Arbitration Provision”), rather than in court, except that you may assert claims in small claims court, if your claims qualify. This Arbitration Provision shall not apply to covered borrowers as defined in the Military Lending Act. This Arbitration Provision and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act, federal law, and the laws of the State of Ohioor the laws of the State of Utah as provided in the Governing law; Venue section above, without regard to principles of conflict of law, including any applicable statutes of limitations. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
NOTWITHSTANDING THE FOREGOING, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE KLARNA SERVICES OR OTHERWISE ACCEPT THE TERMS AFTER THE TERMS HAVE GONE INTO EFFECT (THE “OPT OUT DEADLINE”). YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FULLY COMPLETING, SIGNING AND DATING THE ARBITRATION OPT-OUT NOTICE FORM LOCATED AT https://cdn.klarna.com/1.0/shared/content/legal/en_us/arbitration/opt_out_notice.pdf AND MAILING IT TO KLARNA VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: Klarna Inc., Attn: Arbitration Opt-Out, 629 N. High St., Suite 300, Columbus, OH 43215. ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION OR SMALL CLAIMS COURT.
Prohibition of class and representative actions and non-individualized relief
YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE OTHER PARTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAMS). ANY RELIEF AWARDED CANNOT AFFECT OTHER KLARNA USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, and injunctive or declaratory relief. An arbitrator also must follow the Terms as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Arbitration Provision. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitration shall be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or the other party, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or the other party may elect to have the arbitration conducted based solely on written submissions pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission, which election shall be binding on you and the other party subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
Costs of arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Arbitration Provision. If the value of the relief you are seeking is $10,000 or less, the other party will pay or reimburse your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by the other party should be submitted by mail to the AAA along with your Demand for Arbitration and the other party will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the other party for all fees associated with the arbitration that the other party paid on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND THE OTHER PARTY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE OTHER PARTY EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Future changes to this arbitration provision
Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Provision (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the change
By using Klarna Services and/or seeking a loan issued by WebBank, you consent and agree that:
- WebBank (for purchases made with financing) and Klarna Inc., can provide all communications, payment information, terms, disclosures required by law and other information (collectively, “Communications”) to you electronically, including via any WebBank or Klarna site, app, or the email address(es) that you provided to us.
- You are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that the statute applies to the fullest extent possible.
- You will access and retain any Communication received from us.
- This consent applies to any Communication in connection with a loan issued by WebBank or the Klarna services, including all future Communications from WebBank or Klarna, unless you have withdrawn your consent by the procedure outlined below in “Withdrawing Consent”.
- You may request paper copies of any legal disclosures by writing to us at “Customer Service, Klarna Inc., 629 N. High St., Suite 300, Columbus, Ohio 43215.” A fee of $5USD will apply for each paper copy request.
You understand and acknowledge that, in order to access and retain Communications, you will need the following:
- A computer or a mobile device with an internet connection.
- A current web browser that includes 128-bit encryption with cookies enabled.
- A valid email address.
- Sufficient storage space to save past Communications or a means to print them.
If you’d like to withdraw your consent to receive Communications electronically, you may contact us in writing at “Customer Service, Klarna Inc., 629 N. High St., Suite 300, Columbus, Ohio 43215”. If your consent is withdrawn, you may be prohibited from obtaining a loan or using the Klarna Services.
Requesting paper copies
You may also request paper copies of any specific Communication within 180 days of the date of the Communication without withdrawing your electronic communications consent given in this Agreement. To request a paper copy, please contact us in writing at “Customer Service, Klarna Inc., 629 N. High St., Suite 300, Columbus, Ohio 43215.” A fee of $5 USD will apply for each paper copy request.
Updating your contact information
It is your responsibility to ensure that WebBank (for purchases made with financing) and Klarna have your current email address, so that we can communicate with you electronically. If you need to update your primary email address, please contact us to make the change. If we send you an electronic Communication that you don’t receive due to an outdated email address, we will maintain the position that the Communication was provided to you.