Klarna

Terms for Klarna Shopping Service

These terms and conditions represent an Agreement  between Klarna Inc., including its foreign branches, (“Klarna”,  “we”, “us” or “our”) and you (“you” and “your”) when you use Klarna’s service and features as described in these terms, as may be amended from time to time (the “Service”). You sign up for the Service and enter into an agreement with Klarna by accepting these terms. You acknowledge that each time you use our Service, you will need to accept the current version of these Terms. By accepting these terms you also agree to:

You can at any time access the latest version of these terms via the Klarna App or on our website. You can also download the terms here.  

 

Description of the Service

For Klarna, shopping is not just about finding great stuff and paying for it - 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 made your purchases and after you have made 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, our website, or via a merchant.

 

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 while shopping with Klarna

When using Klarna the first time you may be asked to create a Klarna User Account to make your future interaction with Klarna smoother. We will keep this information in our systems so that when you return to us or use our Service, you only need to provide some information to us. We will handle all personal information we collect in creating your Klarna User Account in accordance with our Privacy Policy.

When we are able to identify you, we may autofill some information about you in the purchase flow, such as name, address, telephone number, email, date of birth and card details. The autofill is based on the information stored on your Klarna User Account. An example of when autofill is used is when you shop directly from the Klarna App.

 

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:

Features:

  • 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 do 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

  • CO2 emission footprint on your purchases

  • 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. 

 

3. Klarna Desktop Extension 

Klarna Desktop Extension is a browser extension of the Klarna app available for Chrome web browser. By downloading and using the Klarna Desktop Extension you can request and use One-time Cards directly in your browser on the websites where this service is enabled in accordance with Klarna's internal policies. 

You will be required to login to be able to use the Klarna Desktop Extension. It is important that you keep your login details safe. Once logged in you will be kept logged in to the Klarna Desktop Extension until you actively log out or, until you have been inactive for 30 minutes, in which case you will be automatically logged out.

To avoid unauthorized use of your Klarna Desktop Extension or unintended disclosure of your personal data, make sure only you have access to your login details and that you always log out from your account if you leave the computer unattended. You are solely responsible for any unauthorized use of your account or unintended disclosure of your personal data due to loss of login details or leaving your computer unattended.

 

4. Permission to obtain credit reports for shopping

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. 

 

5. Show historical purchases and transactions

We save information about your purchases and transactions in the Klarna App. As a part of the Service 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.

 

6. 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 Service?

This Service and other services provided by Klarna are free of charge. When you use the Service, 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 Service

We constantly work to improve our Service 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 Service.  

 

Privacy and your personal data

To offer you the Service, we need to process your personal data - we encourage you to read our Privacy Policy for a more detailed understanding of how we process and protect your data.

 

Cookies and similar tracking technologies

For parts of the Service we use cookies and similar technologies to deliver a tailored and smoooth online experience.

 

Card Payments

When making a purchase with Klarna you may configure and use a number of different funding sources, including debit, credit or prepaid cards. Your funding source will be saved to your Klarna User Account until you edit/remove it from your User Account or if the User Account is deleted. By choosing to save your card details with Klarna you authorise Klarna to charge this funding source for any subsequent usages of Klarna when making purchases with us. You will not be charged until you make a purchase. If your default card funding source can't be charged for a purchase, including instalment plans or subscriptions, if applicable, you authorize Klarna to attempt to charge any other funding source registered to your Klarna User Account.

 

Your obligations

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 Service 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 Service 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 the Klarna Service. 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. 

 

Eligibility

To be eligible to use the Klarna Service, 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. 

Klarna respects your right to privacy. You can view our Privacy Policy here. Klarna will not share the phone number you provide with third parties who are not affiliated with us, unless they are our merchant partners or service providers acting on our behalf, without your consent. Klarna, its merchant partners or third parties who represent Klarna may also contact you at the email address you provide. You further agree to electronic communications, as outlined in the Electronic Communication Agreement below.

 

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.

 

Prohibited activities

In connection with your use of the Klarna Service, you agree not to do any of the following:

  • Breach these Terms, the Klarna Privacy Policy, or any other agreement you have entered into with Klarna or in connection with a product offered through the Klarna App or website;

  • 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.

Your use of Google Maps in the checkout (for example by searching for your address in the address field) and the Klarna App is subject to the then-current Google Maps/Google Earth Additional Terms of Service and Google's Privacy Policy.

Furthermore, to prevent abuse of the Klarna’s App via web portal, Klarna may use reCAPTCHA, making you subject to Google’s Terms of Service and Privacy Policy.

The Klarna App is available through third-party distribution platforms (“Application Stores”). You may require the prior registration with the relevant Application Store. Klarna has no influence on the collection, processing and use of personal data by the respective Application Store operators.

 

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 Service, including any features provided in, or managed via, the Klarna App, will no longer be available.

 

No warranties

THE KLARNA SERVICE IS 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 SERVICE. 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 Service. Use of the Klarna Service 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 SERVICE, 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.

 

Assignment

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.

 

Contract interpretation

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 Service. It supersedes any prior agreements between you and Klarna regarding your use of the Klarna Service. 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 and we 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 and remains in that 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

Klarna Inc. PO Box 8116, Columbus, OH 43201. Klarna Customer Service. (844) KLARNA1

 

Complaints

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.

 

 

State Disclosures

 

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, banking@state.sd.us.

 

Important Information for Washington Consumers

Fraudulent transactions may result in the loss of your money with no recourse.

 

 

 

Mandatory Arbitration of Disputes

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. UNLESS YOU (1) ARE SUBJECT TO THE PROTECTIONS OF THE MILITARY LENDING ACT OR (2) OPT OUT IN ACCORDANCE WITH THE PROCEDURES DESCRIBED BELOW, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A JURY TRIAL OR A CLASS ACTION. 

 

You agree that any and all past, present or future disputes or claims, including without limitation (a) federal and state regulatory and statutory claims, (b) common law claims, (c) claims under local ordinances, (d) data breach or privacy claims and (e) claims based in contract, tort, intentional tort, fraud, misrepresentation or any other legal theory, arising out of or relating to the Terms for Klarna Shopping Service (“Terms”), the Klarna Pay Later in 4 Agreement or other agreements between you and Klarna, Services provided by Klarna, use of the Klarna App, purchases or payments you make, transactions you engage in, collection of amounts due, or the relationship between you and Klarna or WebBank and their agents, employees, officers, directors, predecessors in interest, and successors and assigns, shall – at the election of either you or us – be resolved exclusively through final and binding arbitration, as set forth in this Arbitration Provision, rather than in court before a judge or a jury. This Arbitration Provision is also binding upon and may be enforced by any third party who is named as a co-defendant with us in a claim asserted by you.  

 

Notwithstanding the foregoing: 

(1) Any disputes about the validity, enforceability or scope of this Arbitration Provision are for a court, not an arbitrator, to decide; provided that disputes regarding the Terms as a whole (or any other agreement you have with Klarna) are for the arbitrator to decide;

 

(2) If the amount of a claim is within the jurisdiction of the small claims court (or an equivalent court), you or we may bring it in small claims court or instruct the administrator to administratively close the arbitration case because the claim should be decided by a small claims court.  You and we do not have to arbitrate a small claim that is filed in small claims court, but if that claim is transferred, removed, or appealed to a different court, you or we may elect to compel arbitration.  Moreover, if you or we bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, you or we can elect to have the entire claim (including the counterclaim or cross-claim) resolved by arbitration; and

 

(3) This Arbitration Provision shall not apply to covered borrowers as defined in the Military Lending Act.  Thus, if you are on active duty military service or a spouse or dependent of a person who is on such active duty military service and a claim involves a covered transaction under the Military Lending Act, this Arbitration Provision will be inapplicable to such claim.

 

This Arbitration Provision shall be broadly construed and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act (“FAA”), federal law, and the laws of the State of Ohio or the laws of the State of Utah as provided in the “Governing law, venue” section of the Terms,  without regard to principles of conflict of law, including any applicable statutes of limitations. The arbitrator’s award shall be final and binding, except for any appeal rights under the FAA, 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.

 

Opt-out  

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 SERVICE OR OTHERWISE ACCEPT THE TERMS (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. 

 

IF YOU DO NOT OPT OUT WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE KLARNA SERVICE OR OTHERWISE ACCEPT THE TERMS, THIS ARBITRATION PROVISION WILL BE PART OF ALL OTHER AGREEMENTS YOU HAVE WITH KLARNA NOW OR IN THE FUTURE.  IF YOU DO OPT OUT WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE KLARNA SERVICE OR OTHERWISE ACCEPT THE TERMS, ALL OTHER AGREEMENTS YOU HAVE WITH KLARNA NOW OR IN THE FUTURE WILL NOT BE SUBJECT TO THIS ARBITRATION PROVISION.  

 

If there is an Arbitration Provision in place (a “Prior Arbitration Provision”) governing a prior agreement between you and Klarna (a “Prior Agreement”) and you do not reject this Arbitration Provision, claims arising out of the Prior Agreement will be governed by this Arbitration Provision rather than the Prior Arbitration Provision.  If you reject this Arbitration Provision, such claims will be governed by the Prior Arbitration Provision. 

 

Prohibition of class and representative actions and non-individualized relief (“Class Action Waiver”)

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 IN WRITING, 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 procedures

If you or we elect to arbitrate a claim, it will be resolved by mandatory binding arbitration. 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 will follow applicable substantive law consistent with the FAA and give effect to applicable statute of limitations, defenses and privileges.  The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, punitive damages (subject to constitutional limits that would apply in court), attorneys’ fees and costs and individual injunctive or declaratory relief. An arbitrator also must follow the Terms or any other agreement you have with Klarna as a court would.

 

A claim may be submitted to binding arbitration at any time, regardless of whether you or we have previously initiated any lawsuit or other proceeding.  If a party files a lawsuit in court asserting initial claims, counterclaims, cross-claims or third-party claims that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the claim(s) to start the arbitration proceeding in accordance with the administrator’s rules and procedures.  Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis).  Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision.  

 

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 arbitrator must be a retired judge or attorney with more than 10 years of experience. If the AAA cannot serve, a court with jurisdiction will select the administrator or arbitrator, who will be bound by the terms of this Arbitration Provision.

 

The arbitration shall be held in a location reasonably convenient to where 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.  No arbitration award involving the parties will have any impact as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have any impact in an arbitration between the parties to this Arbitration Provision.  

 

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.

 

Jury waiver

IF A DISPUTE OR CLAIM IS ARBITRATED, THE PARTIES WAIVE THEIR RIGHT TO RESOLVE THE DISPUTE OR CLAIM IN COURT BEFORE A JUDGE OR A JURY.  IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, ANY OTHER AGREEMENT YOU HAVE WITH KLARNA 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.

 

Survival, conflict, severance

This Arbitration Provision will survive the termination of any agreement you have with Klarna and any bankruptcy. In the event of any conflict or inconsistency between this Arbitration Provision, on the one hand, and the administrator’s rules or the Terms or other agreement you have with Klarna, on the other hand, this Arbitration Provision will govern.  If any part of this Arbitration Provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this Arbitration Provision will continue in full force and effect, except that: (A) the entire Arbitration Provision (other than this sentence) shall be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the Class Action Waiver is held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted; and (B) if a court determines that a public injunctive relief claim may proceed notwithstanding the Class Action Waiver or other provisions of this Arbitration Provision, and that determination becomes final after all appeals have been exhausted, then the public injunctive relief claim will be decided by a court, any individual claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.  In no event will a claim for class or public injunctive relief be arbitrated.

 

Future changes to this arbitration provision

Notwithstanding any provision in these Terms or any other agreement you enter into with Klarna 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

 

 Last updated 05/03/2021

 

 

Electronic Communication Agreement

By using Klarna Service 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 service, 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.

 

Withdrawing consent

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 Service.

 

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.