Terms and Conditions
FIXURA AB OY – TERMS AND CONDITIONS
In force from 01.05.2023
These general terms and conditions (hereinafter "Terms and Conditions") apply to the loan agreements from
01.05.2023. For loans granted before 01.05.2023, the previous general terms and conditions dated 15.06.2021
shall apply. Loans granted before 15.06.2021 are subject to the general conditions dated 01.03.2019. All
General Terms and Conditions are available on Fixuras Ab Oy's website, www.fixura.com.
Definitions
Borrower: Users who have submitted a loan application and entered into a Loan Agreement as a Borrower
Business day: Any working day, excluding Saturdays, Sundays and public holidays
Fixura: Fixura Ab Oy (Business ID 2246639-7)
GDPR: General Data Protection Regulation (EU) 2016/679
Instalment: The total amount that the Borrower must pay each month to Fixura. Consists of the principal, the interest and the loan account fee, as well as any additional fees resulting from additional service chosen by the Borrower
Loan: The amount that Fixura lend to the Borrower according to the Loan Agreement
Loan Agreement: An agreement between the parties to agree, among other things, on the amount to be borrowed, the interest rate, the repayment schedule and other terms of the Loan
Price List: The Price List available on the online service on Fixura ́s website www.fixura.com, showing the prices of the loan service
1. INTRODUCTION
Fixura is a lending company registered in the register of lenders and peer-to-peer loan brokers maintained by Financial Supervisory Authority (FIN-FSA) . Fixura offers consumer credit to individuals on the basis of loan applications made through its website. If Fixura grants a Loan to an applicant, a Loan Agreement is concluded between the Borrower and Fixura, of which these Terms and Conditions form part. The prices to be charged for Fixura's services are set out in the Price List, which forms an integral part of these Terms and Conditions. Fixura reserves the right to update the Price List and these Terms and Conditions.
By signing the loan application, the Borrower accepts these General Terms and Conditions. If these General
Terms deviate from what was expressly agreed in the Loan Agreement, the Loan Agreement takes
precedence.
2. BORROWER’S TERMS
2.1 Possibility to grant a loan
The conditions below must be met in order to have the opportunity to be granted a loan. The Borrower
• is of legal age and is at least 21 years old;
• has lived continuously in Finland for at least two years;
• has an account in a Finnish bank;
• has identified themselves in Fixura's online service with Finnish bank identifiers;
• has regular income;
• has provided Fixura with the necessary information to assess his/her creditworthiness;
• has no public defaults or outstanding loans due; or
• is not a member of the board of directors of a company with a record of payment defaults.
Before the Loan is granted, Fixura reviews the information and data provided by the Borrower, all in accordance with the Borrower's consent as well as GDPR and other supplementary data protection legislation
in force at the time of processing, for example the Finnish Data Protection Act (1050/2018). The borrower is
responsible for the information provided being correct and updated. The Borrower must also notify Fixura
without delay of any address and name changes. Fixura is not responsible for errors that occur due to the information provided by the Borrower being incorrect, missing or late. If the Borrower does not fulfill its obligation to inform Fixura of all necessary information, and Fixura must obtain the information itself, Fixura has the right to demand compensation from the Borrower for expenses resulting from the investigation of such information.
Before Fixura approves a loan application, Fixura has the right to carry out a credit assessment to ensure the
Borrower's creditworthiness and ability to repay. This is done by Fixura making a credit assessment via a credit
register provided by a third party, by Fixura carrying out a review of transactions that took place on the
Borrower's bank account, as well as review via Fixura's internal customer register. The Borrower gives his
consent to Fixura evaluating the Borrower's creditworthiness using services provided by third parties. Such
credit information is obtained through Bisnode Finland Oy or Suomen Asiakastieto Oy. All information provided
by the Borrower is reviewed and stored during the customer relationship, which follows from the Loan
Agreement, current data protection legislation and Fixura's personal data policy.
Fixura has no obligation to offer and grant the loan amount that the Borrower has applied for, regardless of
whether the Borrower meets the criteria set for granting a Loan. If Fixura decides not to grant the entire
requested loan amount, Fixura can offer a Loan with a lower amount. The information entered in the loan
calculator in connection with the loan application is only a preliminary assessment of the loan amount that
can be granted. The granted amount is shown in the loan offer, where the total loan amount, principal
amount, interest, payment period and monthly amount are shown, which is why the Borrower is asked to
read this quote carefully. The borrower has the right to accept or reject the offer.
2.2 Invoicing
The loan must be repaid in monthly payments, which are stated in the Loan Agreement. If the due date does
not fall on a Business Day, the due date shall be moved to the following Business Day. Invoicing primarily
takes place via electronic invoicing, unless the Borrower and Fixura have agreed otherwise. Fixura can send
the invoice via e-mail, text message and/or in a similar way. The same communication methods apply to
payment reminders and terminations. If the invoicing takes place through customary mail handling, an
invoicing fee is charged.
2.3 Interest and fees
The Borrower undertakes to repay the Loan monthly in accordance with the terms of the Loan agreement. The
monthly payment consists of amortization, interest and other credit costs (hereinafter "Loan Account Fees")
as well as any additional costs that come with additional services chosen by the Borrower himself. Any
additional services are charged according to the Price List. All prices are exclusive of VAT as Fixura's
operations are not subject to VAT.
Loan interest and the loan servicing fee may not exceed the maximum amounts of the annual nominal rate
and other credit costs agreed in the consumer credit agreement as provided for in Chapter 7 of the Finnish
Consumer Protection Act (38/1978) at the time the Loan is granted.
If the Borrower's final payment exceeds the outstanding amount of the Loan by no more than five (5) Euros,
Fixura has the right not to refund the overpayment. Fixura will charge a processing fee of five (5) euros for
the return of an overpayment exceeding five (5) euros. The main terms and conditions of the loan
relationship, such as the interest rate, the annual percentage rate, the charges, and the repayment period
are specified in the Loan Agreement.
The Borrower has the right to partially or fully repay the Loan early. In connection with early repayment, the
Borrower must pay:
• the outstanding principal;
• the accrued but unpaid interest;
• the accrued but unpaid Loan account fees; and
• costs in accordance with the Fixura Price List.
If the Borrower repays the Loan in full, the Borrower does not have to pay Loan Service Fees or interest for
the remainder of the loan period.
2.4 Late payments, maturity, and sale of loans
The Borrower undertakes to pay the monthly Instalments in accordance with the due dates. If the Borrower
fails to pay his/her monthly Instalment, Fixura has the right to send them a written reminder fourteen (14) days
after the due date and a reminder fee of five (5) euros will be added to the invoice. If the instalment is still
outstanding after 14 days, a second written reminder will be sent to the Borrower and a second reminder fee
of five (5) euros will be added to the invoice.
In case of late payment, Fixura may require the Borrower to pay interest on arrears, as specified in the Loan
Agreement. If the default interest rate is lower than the loan interest rate, the default interest rate shall, during
the Loan Period and for a period of 180 days after the Loan is due in full, be at least equal to the Loan
Agreement Interest Rate. Interest shall be calculated for each day overdue from the due date until the full
amount is paid.
If the amount of the unpaid invoices in total amounts to five (5) percent or more of the original loan amount,
Fixura has the right to receive early payment of the Loan. Fixura will send a notice to terminate the loan contract
and after this the Borrower has fourteen (14) days to pay the amount with which the Borrower is in arrears. If
payment is not made within fourteen days (14), the entire amount is due for payment (remaining credit debt,
accrued interest and any fees). If the Borrower pays the amount due, the Loan is resumed according to the
original payment plan. Continued non-payment may result in legal action.
2.5 Debt Collection
If payments are not made in accordance with the Loan Agreement, Fixura has the right to take collection
measures. In connection therewith, the Borrower's personal data is transferred to the debt collection company
that Fixura engages for its debt collection services. In the event of a delay in payment longer than sixty (60)
days, Fixura has the right, in accordance with the Credit Reporting Act (527/2007), to report the payment default to the credit reporting company Fixura uses. In the event of collection measures, additional collection
costs and additional late payment interest are charged.
Unpaid overdue Loans may be managed by a collection agency or sold to a third party. Fixura notifies the
Borrower if the Loan is transferred to a third party.
Payments received by Fixura through debt collection measures are allocated primarily against 1) loan interest,
2) overdue loan capital, 3) collection costs and other costs as well as any late payment interest attributable to
such costs.
3. Complaints
The Borrower is obliged to inspect the Loan Agreement and the Terms and Conditions. If the Borrower
discovers any errors, deficiencies, or discrepancies in the Loan Agreement and the Loan, the Borrower must
file a complaint with Fixura within seven (7) days of the discovery of the error, deficiency, or discrepancy. The
complaint must be made in writing to Fixura customer service at info@fixura.com. Upon receipt of the
complaint, Fixura will process it within fourteen (14) days.
If the Borrower fails to comply with his obligation to complain about a defect they have discovered, they shall lose their right to invoke the defect in question.
4. Processing of personal data
Fixura's up-to-date privacy policy is available on our website at www.fixura.com. Fixura processes personal data in accordance with the privacy policy, including for the following purposes:
• fulfil Fixura's contractual obligations towards the Borrower;
• customer service;
• managing debt collection by external debt collection partners or authorities;
• marketing of products and services, partly own marketing, partly marketing by third parties;
• administration of the Loan Agreement and accounts receivable management, which is handled by an
external party; and
• in connection with credit assessment and credit rating, where external parties can be used.
Fixura will primarily use the email address and telephone number provided by the Borrower in the customer
communications. The Borrower is obliged to ensure that his e-mail, telephone number and other contact details
are up-to-date and to inform Fixura without any undue delay any changes, either via the web service or by
e-mail to info@fixura.com.
Fixura collects the Borrower's personal data in order to grant a Loan and customer support in connection with
this. Fixura processes the Borrower's personal data in accordance with the GDPR and other supplementary
data protection legislation that applies at the time of processing. Fixura's privacy policy informs how personal
data is collected and processed. Fixura will not share the Borrower's personal data with third parties, except for what appears in the privacy data policy. Fixura may be ordered, in accordance with legislation or other regulations, to disclose personal data to authorities, in order to prevent or detect money laundering or financing of terrorism.
5. Limitation of liability
Fixura shall not be held responsible for any direct, indirect or consequential damages that the Borrower may
incur. For example, Fixura is not responsible for loss of profit, return, reputational risk, goodwill or know-how
or information, the cost of obtaining substitute products or services or any other intangible or indirect damage.
6. Transfer of contract
The Borrower does not have the right, without written approval from Fixura, to transfer his rights or obligations,
in whole or in certain parts, to third parties with regard to the Loan Agreement.
Fixura reserves the right to transfer the rights and obligations of the Loan Agreement, in whole or in part, to
third parties. In case of transfer to a third party, the Borrower must be informed of the transfer.
7. Force Majeure
Renegotiation of the Loan and its Terms and Conditions can take place if the Borrower (consumer) is in arrears
with payment and the delay is due to, for example, unemployment, health or another comparable circumstance
that the Borrower could not foresee, a circumstance that is beyond the Borrower's control, and which
significantly affects the Borrower's repayment ability.
If such circumstances, as referred above, occur the Borrower must contact Fixura without delay and inform
Fixura about the circumstances or events that can affect the Borrower’s repayment obligations. The Borrower
must provide in each case the necessary documentation of the social impediment that shows the Borrowers
inability to pay and how this affects the inability to repay this Loan. Fixura reserves the right to make an
individual assessment of the circumstances demonstrated by the Borrower. The proven circumstances do not
need to be taken into account in the negotiation of the terms of the Loan Agreement or the repayment schedule if, taking into account the duration of the delay and other circumstances, this would be manifestly unreasonable for Fixura. However, if necessary, Fixura may also postpone the due date or modify the original payment schedule. Changes to the payment plan will be updated on the online service. Interest under the Agreement will continue to be charged on the outstanding Loan. Any additional services will be charged in accordance with the then current Price List. All fees charged by Fixura are VAT exempt, as the activity is not subject to VAT.
Fixura shall not be liable for any delay or damage caused by an event beyond Fixura's reasonable control,
which Fixura could not reasonably be expected to have taken into account at the time of entering into the
Agreement, and the consequences of which are beyond Fixura's reasonable control (hereinafter "Force
Majeure") including but not limited to fire, flood, other natural disaster, war, terrorist attack, strike,
transportation disruption, accident, pandemic, explosion, civil war or other unrest, currency restrictions, labour disputes, rules, regulations or other actions of governmental authorities. The Party invoking Force Majeure shall notify the other Party within three (3) Business Days of the occurrence of the Force Majeure the Party shall also notify the others of the end of the Force Majeure Event.
8. Miscellaneous
Fixura reserves the right to amend these Terms and Conditions and the Price List. The parties concerned will be notified of any changes in writing before the change comes into force. Notification will be made by email, unless the Borrower has contacted Fixura's customer service and agreed on another method of communication.
In the event of any conflict between the Loan Agreement and these Terms and Conditions or the Price List, the terms of the Loan Agreement shall prevail.
These Terms and Conditions, the Price List and the Loan Agreement are available in Finnish, Swedish and English. In the event of any conflict between the language versions, the Swedish version shall prevail.
9. Applicable law and arbitration
These Terms and Conditions shall be governed by Finnish law, excluding its conflict of law provisions.
Any disputes that arise due to the General Terms and Conditions or the Loan Agreement shall primarily be
settled through a voluntary settlement. The borrower has the right to turn to a competent authority and take the matter up for consideration by the Consumer Disputes Board. If the parties cannot settle a dispute within a reasonable time through a voluntary settlement, the dispute shall be settled by the district court where the Borrower is domiciled, as first instance.
Notwithstanding the foregoing, Fixura may pursue its uncontested claims in any court of competent jurisdiction, or otherwise obtain interim garnishment orders, injunctions, protective orders or other interim measures that may be available at law.