Acceptance and Payment Terms and Conditions Arvato Finance B.V. trading under the name AfterPay
Version 4, August 2021.
These terms and conditions apply to your visit to this website, your application, and its assessment and after your application has been approved to the post-pay service AfterPay.
Article 1 Assessment of application
1.1. You have placed an order and have chosen to pay via the Afterpay service from Arvato Finance BV, which operates under the trade name AfterPay (hereinafter "AfterPay"). This choice does not immediately result in an agreement with the retailer that you can pay via AfterPay. The retailer and AfterPay explicitly reserve the right to reject your application without giving reasons for doing so. This depends on the result of the review of your data.
1.2. The result of the review will be displayed for you directly online, indicating whether or not your request is (conditionally) accepted. This conditional approval is, in principle, only the result of a data check by us. Optionally and if possible, you may receive a statement of reasons. You can also contact AfterPay customer service after one working day.
1.3. AfterPay, may, within one business day after initial conditional acceptance of your application to pay with AfterPay, turn this into a refusal to honor your application, and thereby refuse you making use of a payment with AfterPay. The conditional acceptance depends on the fact that, for the time being, the approval is only the result of a limited data control.
1.4. Every retailer is entitled to review you as a consumer when entering into a purchase agreement (placing an order). For this, the retailer makes use of AfterPay, if you choose to pay with AfterPay. For this, the following information is required:
1. The name, address and contact information. This address may not be a PO Box address and should be in the Netherlands;
2. The registration number in the Chamber of Commerce's commercial register if you buy via your (sole proprietorship / general partnership / partnership) company;
3. If you wish to pay as a sole proprietorship / general partnership / partnership, we also ask you to provide the name of the sole proprietor's owner or the names of companies or partners which legally represent the company in the application;
4. The bank account number with which you will pay AfterPay (only by direct debit).
1.5. In order to pay with AfterPay, you must fulfill the following conditions:
- You have an invoice address and a delivery address in the Netherlands. This address may not be a PO Box;
- You have not been declared bankrupt, or are not in moratorium of payments, or on the other hand, been placed in receivership or under forced management and no application had been submitted for such purpose. Nor are you in a situation where you have ceased to pay your debts in a timely manner.
- You have decision-making power or you are represented by a person who you can legally represent you and is authorized to act on your behalf.
- The value of the order is not lower or higher than the amount the retailer allows you to post-pay.
- Providing your information, in order to make use of the AfterPay payment solution, is necessary for the execution of the agreement and your choice to pay with AfterPay. AfterPay and the online-retailer process your data for the execution of your agreement.
- You declare by means of this application to pay with AfterPay the payment obligations arising from your order will be fully fulfilled, in a timely manner by paying to AfterPay.
Article 2 Payment method
2.1. Your choice to pay with AfterPay, upon acceptance of your request / application, will entail the rights to the amount which you owe due to the order you have placed being transferred by the retailer to AfterPay. This means that after AfterPay's acceptance, you can only pay AfterPay. AfterPay, will send you an invoice containing the amount due, separately from the delivery of the order. This is usually a digital invoice. If you pay someone other than AfterPay, your payment obligation to AfterPay remains. In such as case, you should then pay (again), this time AfterPay.
2.2. AfterPay reserves the right - in so far as it is legally permitted - not refund any costs of payment and / or other costs in case of return of your order.
2.3. If you choose AfterPay combined with direct debit, AfterPay explicitly authorizes the automatic collection of (delivery) costs on your bank account number and you have freely paid as soon as the direct debit is successfully completed and the reversal period has expired. AfterPay hereby takes account of all applicable regulations.
2.4. AfterPay is authorized to exercise the same rights against you as the retailer may / could exercise based on the order.
2.5. AfterPay is, at all times, unilaterally entitled to transfer the claim on you to a third party.
Article 3 Cost of payment orders
3.1. Any (bank) processing costs of applicant's payment order(s) are for your account and at your risk.
3.2. You must ensure there is a sufficient balance on the account number which you have specified. AfterPay may charge you costs (increase) for being unable to collect the amount due from your account. You can avoid this by paying on time. If AfterPay fails to in debt collection, even after you are in default, the claim will be handed over and higher costs will be charged (extrajudicial collection fee).
3.3. You can legally revoke the debt collection order until one day before the debt collection transaction. In that case, Article 6.1. is applicable and AfterPay may also charge costs in addition to the provisions of Article 6.
Article 4 Payment period
Your payment must be received by AfterPay within 14 days after the invoice date, unless a different term has been agreed with you in writing.
Article 5 Change of address
You are required to notify AfterPay of any change to your email address or phone number. As long as AfterPay has not received a change, you will be deemed to be available at AfterPay's known contact information. Changes must be communicated to AfterPay's customer service. A change can be sent by post to PO Box 434, 8440 AK Heerenveen FAO: AfterPay, by email to firstname.lastname@example.org or by telephone at 020-7230 270. For a telephone call with AfterPay, you only pay the normal costs of your telephone service provider.
Article 6 Default
6.1. If you do not pay within the period specified in Article 4, the amount owed is immediately claimable and you are in default, without further notice.
6.2 If, you have not paid within 14 days of the invoice date, AfterPay will send you a free email reminder to indicate the exceeding of the payment period. If you do not act on this reminder, AfterPay will send a reminder in which the amount owed is increased with costs due to debt collection. If you do not act on this reminder, AfterPay will send you a demand (last reminder) by post, whereby the costs are increased again. The total extrajudicial collection costs are stated on the last reminder.
6.3. From the date you are in default, AfterPay is entitled to calculate the statutory interest rate per month on the amount owed to you, as well as your administration fees pursuant to the Debt Collection Fees Act owed in relation to the payment reminders sent by AfterPay and AfterPay will charge you all reasonable costs, both judicial and extra-judicial to obtain satisfaction. AfterPay is eligible for direct debit or one-time authorization, entitled to deduct the total amount due including cost and interest by direct debit or one-time authorization of your bank account.
6.4. If any costs are incurred due to shortcomings attributable to you (default), then the costs incurred in the meantime will first be deducted from any payments made by you. Only after the outstanding incurred costs have been fully paid can the amount originally owed be deducted from the payment you have made.
Article 7 Protection of personal data and use of data
7.1 Your privacy is respected and your personal information is treated confidentially. You have the right to request access to the personal data that AfterPay has about you, to correct this data and to delete it. These requests can be sent to email@example.com.
7.2 If you have chosen to pay with AfterPay as a payment method at the retailer, the retailer will send your contact details (name, address, date of birth, if applicable, e-mail address) as well as information about the Items ordered by you (for example, order value, product group, value of goods, possible order channel and type of delivery) to AfterPay. Based on this data, the retailer starts a credit check via AfterPay to determine whether the AfterPay purchase is available as a means of payment for your order.
7.3 AfterPay will send your contact details as well as information about the goods/services you have ordered to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden for a credit check (the "credit check").
7.4 Infoscore Consumer Data GmbH prepares a forecast, in particular about payment opportunities, taking into account address data and past payment experiences based on mathematical-statistical methods (in particular methods of logistic regression and comparisons with groups of people who have shown similar payment behavior in the past) (Score) and passes this score on to AfterPay. Based on the information about the goods/services you have ordered, the score of Infoscore Consumer Data GmbH, your contact details and any previous data about payment behavior / historical information that are already available about you at AfterPay, a balanced decision is made whether the AfterPay purchase is available for your order. In addition, informa Solutions GmbH uses Fraud.net Inc. 330 7th Avenue, New York, NY 10001, USA, as a further processor to prevent and detect fraud. The data is stored in the EU; However, this data is accessed by Fraud.net from the US. The standard contract clauses published by the European Commission have been concluded with Fraud.net to ensure an appropriate level of data protection for the EU.
7.5 The legal basis for this data processing is Article 6 (1) (1) (b) and (f) GDPR. The merchant's legitimate interest is to be able to assess and decide whether he can offer you a risky payment method such as AfterPay. AfterPay's legitimate interest is to assess whether you will meet your payment obligations after the assignment of claims, as AfterPay assumes the risk of default when assigning claims.
7.6 In addition, the retailer passes on the address details (name and address) provided by you in accordance with Article 6 paragraph 1 paragraph 1 paragraph 1 paragraph f AVG for address verification to AfterPay in order to prevent incorrect deliveries and doubtful debtors (the "Address verification").
7.7 AfterPay passes this information on to infoscore Consumer Data GmbH via informa solutions GmbH as their processor. Infoscore Consumer Data GmbH uses this data to check addresses and makes the result of the check available.
7.8 The data required for the address check and the credit check takes place via a secure interface. All legitimate interests with regard to your personal data are of course taken into account in accordance with applicable legislation.
7.9 According to Article 21(1) of the GDPR, you have the right to object at any time to the processing of your data for the above purposes with effect for the future; this also applies to profiling carried out in the context of the aforementioned purposes. A message in text form (eg e-mail, letter) to the retailer is sufficient for this. The current contact details can be found on the retailer's website. If you object to the processing of your data, please note that the retailer can no longer offer payment methods with credit risk for your orders in the webshop. However, you can still choose other payment methods (for example prepayment).
More detailed information about AfterPay in accordance with Article 14 of the GDPR, in particular information about business purposes, data storage purposes, data recipients, the right to provide information, the right to deletion or correction of data, etc. can be found in our Privacy Statement.
By agreeing to these terms and conditions, you also agree to the privacy statement.
Article 8 Cookies
Article 9 Liability
8.1. AfterPay can only be held liable for damage which is attributed to its gross negligence, or has arisen as a result of circumstances that are at its risk on the basis of mandatory rules of law. AfterPay is never liable for consequential damage, business damage, indirect damage, loss of profit or loss of revenue.
8.2. If AfterPay, for whatever reason, is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value of the product or service which caused the damage.
Article 10 Applicable law and competent court
The provision of AfterPay services and all contracts concluded by AfterPay are governed by Dutch law. Disputes shall be submitted to the competent court in the north of the Netherlands unless the law specifically stipulates another judge as competent.