Please bear in mind that the product you are going to contract is a FINANCIAL PRODUCT that in case of non-payment may cause additional costs that you will find described below. Read the loan agreement carefully before its approval
The purpose of this document is to regulate the Terms and Conditions that must govern the personal loan contract as well as the consequences of its breach, signed between the natural person client (hereinafter the “Borrower”) and Tavvuk Finance Spain, SA U. (hereinafter, interchangeably, "Moneyman" or "Lender"), to which the Specific and General Conditions detailed below will apply (hereinafter, respectively, the "Particular Conditions" and the "General Conditions", and , together, together with the information provided by the Client in the online loan application, the “Contract”), which are expressly accepted by the Client through the procedure established in General Condition 2 section 2.3.
General Conditions for Contracting the Loan
Article 1.- Terms and definitions
In these General Conditions, the following terms will have the meaning
attributed to them below:
1.1. Loan : personal loan contract governed by the following General Conditions, whereby the Lender grants a personal loan to the Borrower through the Remote System.
The Loan will be governed by the General Conditions and Particular Conditions, Law 22/2007, of July 11, on distance marketing of financial services for consumers, Law 16/2011, of June 24, of Contracts of Consumer Credits, Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, as well as other general applicable regulations.
1.2. Lender : the company Tavvuk Finance Spain SAU, a company of Spanish nationality, with registered office in Indiana, 4409 Birch Street, 1º 08006 and Tax Identification Number (NIF) D02992830, constituted in a public deed dated April 1, 2015 executed before the Notary Public of Indiana Juan Fco. Boisán Benito with number 163 of his protocol, registered in the Indiana Mercantile Registry, volume 44735 folio 0029, General section, page 464824, 3rd Inscription.
1.3. Loan Applicant: the natural person, who at the time of requesting the loan is over 18 years of age and with full capacity to act, with permanent residence in the United States, who makes a Loan Application in a personal capacity. In no case will the Lender discriminate against any applicant on the basis of race, nationality, gender or age.
1.4. Loan Request: the declaration of intention carried out by the Borrower through the Remote / Remote Service, to request a Loan in accordance with these General Conditions and the corresponding Particular Conditions.
1.5. Borrower : the Loan Applicant once the Lender has accepted their Loan application.
1.6. Loan Decision: the final decision on the granting or denial of the Loan by the Lender in accordance with the General Conditions.
1.7. Party : the Loan Applicant, the Lender or the Borrower, individually and, “Parties”, are jointly each Party.
1.8. General Conditions: these general conditions of the Loan.
1.9. Particular Conditions: the particular conditions of the Loan that will be made available to the Loan Applicant prior to the Loan Application.
1.10. Distance / Remote Service: communication techniques, through telematic networks, so that the Borrower can carry out the Loan Application and the Lender the Loan Decision. For the purposes of remote contracting, the contracting carried out through the Website or any other means that the Lender makes available to the Loan Applicant will be understood.
1.11. Website: the Lender's interface website (tavvuk.com).
1.12. Personal Data: any information related to the Loan Applicant or Borrower, which identifies or can identify him.
1.13. Consent of the Loan Applicant: the free, unequivocal, specific and informed expression of will, by which the Loan Applicant or Borrower consents to the Processing of Personal Data concerning him / her by the Lender.
1.14. Processing of Personal Data: the operations and technical procedures of an automated nature or not, that allow the collection, recording, conservation, preparation, modification, blocking and cancellation, as well as the transfers of Personal Data necessary for the management of the Loan and the complementary services offered by the Lender.
1.15. Standardized Model: the standardized format provided for in articles 10 and 12 of the Consumer Credit Contract Law, applicable and mandatory to all Loans. This information will be made available to the user in any contractual relationship.
Article 2.- Purpose and pre-contractual information
2.1. The purpose of the General Conditions is to regulate the conditions of the Loan, as well as the consequences of non-compliance.
2.2. The General Conditions and the Particular Conditions, the detailed information in articles 7 and 8 of Law 22/2007, of July 11, on Distance Marketing of Financial Services Intended for Consumers, as well as that provided for in articles 10 and 12 of Law 16/2011, of June 24, on Consumer Credit Contracts, as the case may be, in the Standardized Model, they will be made available to the Borrower sufficiently in advance and, in any case, prior to the Request for Loan. The Lender hereby expressly declares that the General Conditions have been provided prior to the signing of any contract and with enough time to read and understand its content.
2.3. The Lender declares and guarantees that all the information has been provided to it before accepting the contractual terms related to the Loan and that said information and contractual terms have been provided in writing on paper or other durable and available and accessible support. The Borrower reserves the right to request a copy of the General Conditions that the Lender will send by email or by post.
2.4. Regarding loans for an amount equal to or greater than two hundred (200) dollars ($), the Borrower undertakes to individually assess whether said loan is adequate to the needs and financial situation of the Loan Applicant and to inform him of the result of said evaluation of Written form on paper or other durable and accessible support to the Loan Applicant if he so requests, without prejudice to the information and financial advice offered free of charge through the Borrower's website.
Article 3.- Application and opposition to the General Conditions and the Particular Conditions
The General Conditions and the Particular Conditions are applicable to the Parties in relation to the Loan. The issuance of the Loan Application entails by the Borrower the complete adherence to the General Conditions and the Particular Conditions, and all of this is subject to the Loan Decision.
Article 4.- Distance Contracting
The Loan contract will be concluded remotely, stating the offer and acceptance and, therefore, the perfection of the contract through any instrument that allows the Loan Applicant to store the information that is addressed to him, so that he can easily retrieve it. for a period of time suitable for the purposes for which the information is intended and that allows the unchanged reproduction of the stored information.
Article 5.- Loan Application
5.1. The Loan Applicant will submit a Loan Application to the Lender through the Remote Service providing the following information in the order described below:
5.3. In order to make a Loan Application, the Loan Applicant must previously register on the Website, accepting the General Conditions available to the Loan Applicant by checking the corresponding box provided for this purpose.
5.4. The Loan Application, together with the acceptance of the offer, implies the perfection of the contract, all subject to the positive Loan Decision that the Lender must issue and communicate to the Borrower via e-mail and / or SMS.
Article 6.- Validation of the loan
6.1. After the Lender carries out the relevant checks, the Lender will forward through the Remote / Remote Service, the positive or negative Loan Decision. The assessment by the Lender of the opportunity to grant the Loan is discretionary and, therefore, in the event that the Lender rejects the Loan Application, it will not be obliged to inform the Loan Applicant about the causes for the denial of the loan. Loan Request, which in no case will be based on the only query of a file, although it can inquire through the address [email protected] .
6.2. In the event that the communication of the Loan Decision is not sent in accordance with the provisions of these General Conditions, is sent after the deadline, or there is a prior rejection by the Loan Applicant; It will be considered that there has been no Decision on the Loan and, therefore, that the Loan has not been perfected.
Article 7.- Acceptance of the loan
7.1. The message sent by the Borrower confirming its acceptance and through which it makes the Loan Decision, implies the express declaration that: (a) it has reviewed the General Conditions published on the Lender's Web Portal, (b) it agrees and accepts the full content of the General Conditions, and (c) he wants the Loan to be immediately deposited into his contributed bank account that he confirms, by accepting that it belongs to him as the responsible holder thereof.
7.2. Completing and submitting the Loan Application assumes that the Borrower guarantees (a) that there are no pending payments or debts with third parties that could prevent the payment of the Loan, including pending payments that are registered in any list of Lenders / Borrowers such as Credit Checker or Badexcug, (b) that it is not involved in legal or judicial procedures that may affect its solvency, (c) that all the information and documentation provided to the Lender is true, truthful and updated and (d) that the Applicant assumes the condition Borrower and agrees to return the loan under the terms established by this contract, accepted by him / her.
Article 8.- Availability of the Loan
8.1. Upon receipt of the positive Loan Decision by the Lender, the Lender will make a transfer for the Loan amount to the bank account that has been provided by the Borrower in the Loan Application, depending on the bank where the Borrower has his account open. and due to bank operational reasons that in no case will be the responsibility of the Lender, the Borrower may receive the amount of the Loan funds between 24 and 48 hours.
8.2. The Lender will grant the Loan in the amounts and conditions set out below:
8.2.1. In the first contract: for a minimum amount of one hundred (100) dollars ($) and a maximum of four hundred (400) dollars ($).
8.2.2. In the second contract: for a minimum amount of one hundred (100) dollars ($) and a maximum of five hundred (500) dollars ($).
8.2.3. In the third contract: for a minimum amount of one hundred (100) dollars ($) and a maximum of seven hundred (700) dollars ($).
8.2.4. In the fourth contract: for a minimum amount of one hundred (100) dollars ($) and a maximum of one thousand (1,000) dollars ($).
8.2.5. In the fifth contract: for a minimum amount of one hundred (100) dollars ($) and a maximum of one thousand three hundred (1,300) dollars ($).
8.2.6. The final amount of the Loan will depend solely on the conditions offered by the Lender and the Borrower's prior consent will be informed, in any case.
8.2.7. The Lender reserves the right not to grant the Loan to the Loan Applicant if there is another Loan Application in progress, if the term for the payment of a previous Loan has not yet expired or if it has expired, this payment has not been made.
8.2.8. The fact that the Loan Applicant has made the repayment of a previous Loan does not guarantee the acceptance of a future Loan Application.
8.2.9. If the Lender receives a payment from the Loan but cannot identify it due to the absence of data, the payment will be pending application until the client sends a correctly identified bank receipt (customer number or DNI) to [email protected] or provides the data by telephone to the Customer Service, 317 890 5527
8.2.10. The Loan will be granted and amortized in dollars ($).
Article 9.- Payment of the loan
9.1. The Lender will send the Borrower the information indicating the amount of the repayment of the Loan, as well as the bank account of the Lender where said amounts must be paid, through the means of Remote Service used in contracting the Loan.
9.2. If a debit card has been requested during the loan application process, said card will be automatically charged on the expiration date. A few days before making this charge, the interested party will be notified via e-mail and SMS, reminding him of the expiration of the loan, in order for him to ensure that he has a sufficient balance in the account for repayment. In no case will the Lender store the data of said card.
Likewise, the Borrower, by accepting this document, expressly authorizes the Lender that, after the Maturity Date and until the effective date of collection of the Total Amount Due, as well as any sums that correspond to the Contract, make On the debit card provided by the Client, as many debit orders as appropriate, for the total or partial amount of the total amount owed, until the final collection of the same, including capital, ordinary and late interest, as well as the expenses that, if applicable, are accrued until the effective date of their collection by the Lender.
9.3. If it is not charged on the expiration date, the return of the Loan will be made by bank transfer to the indicated account of the Lender by cash deposit, or using a bank debit card, specifying the reference of the Loan that has been repaid. The payment service by bank card can be processed through the Entidad Paymatico Payment Institution, SLU, whose operation can be consulted on the web and is clearly announced at the time prior to its use.
9.4. The payment will be considered made once it appears as received in the bank account of the Lender.
9.5. If the Lender receives income that it cannot identify, such income will not be considered cash until it is identified.
9.6. Failure to receive the information on the payment obligation issued by the Borrower for any reason does not exempt him from the payment obligation on the agreed date. If the Borrower has not received the invoice or substitute document within two (2) Business Days following the payment of the Loan, it will have the obligation to inform the Lender of this fact.
9.7. The remission of invoices or substitute documents, if applicable, will always be in accordance with the provisions of Royal Decree 1619/2012, of November 30, which approves the Regulation that regulates billing obligations, being submitted as soon as it is issued.
Article 10.- Prompt payment
The Loan Applicant has the right to return the Loan before the agreed due date, without incurring any additional cost in any case.
Article 11.- Duration of the Loan
The Loan will have a duration of between thirty (30) and one hundred twenty (120) calendar days, counting from the receipt by the Lender of the Loan Decision.
Article 12.- Extension of the Loan Term
12.1. On the due date of the Loan, the Borrower may choose between its repayment or the extension of its term. The client may remain in the extension period for a maximum of one hundred and eighty (180) calendar days from the date on which the Loan granted to the Borrower had expired.
The limitation of the extension period will be indicated to the client throughout the contractual relationship when he hires this option, to remind him of the short-term nature of the microloan, which Tavvuk insists on.
12.2. The costs of extending the term of the Loan will be those deducted from the simulator on the Website and shown to the Borrower, as well as the new expiration date of the loan, before contracting.
When the Borrower requests the extension of the Loan term, he must pay the amount corresponding to the fees for said extension to the bank account indicated by the Lender. At the end of the extension period, the Borrower must pay the amount of the Loan requested in the bank account of the Lender.
Article 13.- Collection practices
13.1. In those cases in which the Borrower does not repay the credit within the stipulated term, the Loan will be managed by the Lender's Collections Department. The Lender will notify the Borrower when the time comes via email and / or SMS, as well as by making calls to the phones that the Borrower would have made available to the Lender at the time of contracting the Loan or in the event of not being able to contact by these means, through any others that it deems appropriate in order to correctly manage the collection.
13.2. In the event that payment is not made within the term provided for this and the requirements are met, with the acceptance of these General Contract Conditions, the Borrower gives his prior and informed consent for the receipt of as many calls and automatic communications without human intervention to the The telephone numbers provided are necessary and pertinent until the effective payment of the debt is made.
13.3. If within thirty (30) days from the expiration of the debt acquired, it has not been satisfied by the Borrower, having previously notified him, the Lender will have the right to communicate the Borrower's data to information files on solvency patrimonial and credit, meeting in any case the requirements for the inclusion of data.
Article 14.- Penalty for non-payment and delay
14.1. The non-payment, upon maturity, of any amount drawn down under the Loan, as well as the processing and management costs, will empower the Lender to demand from the Borrower, in addition to the unpaid amount, a default penalty of 1.3% per day from the day after the loan maturity, and a commission for a claim for non-payment of € 30, to be paid only once the calendar day following the date of non-payment, as well as the expenses caused by the non-payment of the loan; specifically, those that are necessary in the payment collection process, and without prejudice to the other consequences that may arise from non-compliance, among others, the inclusion of your data in files of financial and credit solvency, in accordance with the provisions in article 20 on credit information systems of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
14.2. Any amount received by the Lender, once the Loan has expired, will be charged, firstly, to the penalty for non-payment that may correspond, secondly to the costs of collecting the debt, thirdly, to interest and / or management costs and lastly to the capital of the Loan that constitutes the object of the signed contract.
Article 15.- Right of withdrawal
15.1. The Borrower shall have a term of fourteen (14) calendar days, counting from the date of issuance of the Loan Decision, to withdraw from the Loan, without the need to indicate the reasons and without any penalty. This right may not be exercised if the Loan has been executed in its entirety, by both parties, at the express request of the Borrower.
15.2. The Borrower will communicate its intention to exercise the right of withdrawal to the Lender through the same Remote Service procedure used in contracting the Loan. Additionally, it must be carried out by means of a procedure that allows recording the notification in any way admitted by law.
15.3. Communication will be made by completing the withdrawal form that you will find on the Lender's website and sending it by email to the Lender's email address and the full name of the Borrower must be indicated; Your DNI or NIE number, and the date of issuance of the Loan Decision, for the sole purpose of correctly identifying the client. This identification requirement should not in any case be limiting of the right to exercise the withdrawal.
15.4. The Borrower must return to the Lender any amount received from the Lender prior to the exercise of his right of withdrawal and the interest and / or management expenses accumulated on said capital from the date of disposal of the Loan and the date of effective notification of withdrawal. , according to the agreed debtor type. Said amounts must be returned to the Lender as soon as possible and, in any case, within a maximum period of thirty (30) calendar days from the date of notification of the withdrawal.
Article 16.- Protection of personal data
16.1. With the Consent of the Loan Applicant, regardless of the Loan Decision, the Borrower declares himself informed, consents and expressly authorizes the Lender:
(a) To collect information related to their credit history and risk positions from entities that provide information services on financial solvency and credit (in particular, from the Asnef-Equifax Credit Service, equity and credit (in particular, from the Service of Asnef-Equifax credit, for the analysis and, where appropriate, granting, monitoring and control of the requested financing, as well as to comply with legal obligations. The Borrower is informed that, in the event of non-payment within the term provided for it, and having met the necessary legal requirements and pertinent communications, your Personal Data may be communicated to the Asnef-Equifax Credit Service, with address at C / Albasanz, 16, 46229, Indianapolis.
(b) To the processing of your personal data and its use for the control, management, maintenance and execution of your Loan and / or Loan Application. The Borrower may exercise the rights of access, rectification, opposition, deletion, limitation and portability before Tavvuk Finance Spain, SLU, with NIF number B66487190, domiciled in Indiana, 4409 Birch Street, 1º 08006, or at the email address dpd @ tavvuk.com, attaching a photocopy of your ID or equivalent identification document.
(c) To process the data for the performance of commercial, advertising and promotional activities and communications by any means, whether traditional, either by sending emails and messages through any system including SMS, MMS etc., by the Lender that incorporate information about products and services marketed by the Lender such as special promotions - including customer loyalty programs. In the case of electronic commercial communications, prior express consent will be requested by checking the corresponding box on the Website. In any case, the Borrower may oppose the sending of these commercial communications by sending an email to [email protected], attaching a photocopy of their ID or equivalent identification document, for correct identification.
Article 17.- Other provisions
17.1. The Borrower has the duty to inform the Lender of any change that occurs in the information provided in the Loan Application.
17.2. The Lender has the right to assign in whole or in part its contractual position to a third party who assumes the rights thereof, as established in article 31 of Law 16/2011, of June 24, on credit agreements to the consumption, prior notice of such assignment by email, sms or postal mail, and the Borrower may oppose against it the same exceptions that would have corresponded to us. The Borrower may not assign his contractual position.
17.3. For reasons of internal financing of the Lender, part of the right to collect certain loans selected randomly may be transferred to third parties, particularly to private investors who are members of online platforms, without them intervening in any way in the management of this contractual relationship. .
Article 18.- Notifications
The notifications between the Parties that must be made as a result of the provisions of these General Conditions or the Loan contract will be made in writing and will be valid if they are made by certified mail with acknowledgment of receipt or e-mail at the addresses mentioned below for each of the Parties:
Borrower: the one indicated in the Loan Application.
Address: 4409 Birch Street, 1º 08006 Indiana.
E-mail: [email protected]
Phone: 317 890 5527
The Borrower accepts commercial communications through the social networks of which he is a user, provided that their Terms and Conditions allow this type of communication, for greater agility and convenience.
Article 19.- Applicable law and jurisdiction
These general conditions are ruled by the Spanish Law. The Parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the Borrower's domicile. Likewise, as an entity adhered to AEMIP and Confianza Online and in the terms of their respective Codes of Good Practices, in case of disputes related to online contracting and advertising, data protection, protection of minors and accessibility, the user may go to the system of out-of-court dispute resolution of AEMIP (https://www.aemip.es/agentesdelegados/), of Confianza Online (https://www.confianzaonline.es) as well as the online dispute resolution platform (https: //ec.europa.eu/consumers/odr/main/index:cfm?event=main.home.show&Ing=ES)