Terms of payment
Acceptance and payment terms Arvato Finance B.V. trading under the name AfterPay
Version 5, 30 May 2022.
Applicability of these General Terms and Conditions
These General Terms and Conditions apply as soon as you choose to pay via AfterPay 14-Day Invoice in the Webshop of [the Merchant] and include rights and obligations that apply between you and [the Merchant] (and between you and the service provider of [the Merchant], AfterPay, after the Transfer of Claim to AfterPay). These General Terms and Conditions form an integral part of the purchase agreement concluded between you and [the Merchant].
For the sake of clarity, these Terms and Conditions also apply if you have ordered from [the Merchant] by telephone.
The present contractual terms shall also apply to your visit to this website, your application and assessment thereof and, after approval of your application, to the AfterPay payment service.
Article 1 Application assessment
1.1. You have placed an order and opted to pay using the AfterPay service provided by Arvato Finance B.V. trading under the trade name AfterPay (hereinafter "AfterPay"). Your choice does not immediately lead to an agreement with the merchant whereby you can pay via AfterPay. The merchant and AfterPay expressly reserve the right to reject your application without giving reasons. This depends on the result of the review of your data.
1.2. The result of the check will be shown to you online, if possible, including whether or not your application has been conditionally approved. This conditional approval is in principle only the result of a data check by us. If you wish, you can receive written notification of this with reasons. You can also contact the AfterPay customer service desk after one business day.
1.3. Within one business day after initial conditional acceptance of your application to pay by AfterPay, AfterPay may change this into a refusal to honour an application and thus refuse to allow you to use a payment by AfterPay. The conditional acceptance is related to the fact that the approval is for the time being only the result of a limited data check.
1.4. Every merchant is entitled to check you as a Customer at the conclusion of a purchase agreement. For this purpose, the merchant uses AfterPay if you choose to pay with AfterPay. For this purpose, the following data are required to be provided:
- The name and contact details. This address may not be a PO Box address and must be in the Netherlands;
- The registration number in the trade register of the Chamber of Commerce if you are buying through your (sole proprietorship/partnership/B.V. ) company;
- If you want to pay as a sole proprietorship, general partnership, partnership or B.V., you also need to provide the names of the owner of the sole proprietorship or partners, partners or directors who legally represent the company in the application;
- The bank account number you will use to pay AfterPay (in case of a one-time authorisation);
1.5. To be able to pay with AfterPay you must meet the following conditions:
- You must have an invoice and delivery address in the Netherlands. This address may not be a PO Box;
- You have not been declared bankrupt, or granted a suspension of payments, or been placed under guardianship or administration, or an application for this has not been submitted. Nor are you in a situation where you have stopped paying your debts on time.
- You have power of disposal or you are represented by a person who can legally represent you and is authorised to act on your behalf.
- The value of the order is neither less nor more than the amount that the merchant allows you to pay in arrears;
- By providing your data, in order to be able to use the AfterPay payment solution, you explicitly grant permission to process your data and to test it in such a way that AfterPay can properly and carefully assess and notify you whether your request for payment has been (conditionally) accepted;
- You declare by means of this application to pay with AfterPay that you can and will fulfil your payment obligations arising from your order fully and timely by paying AfterPay in Heerenveen.
Article 2 Method of payment
2.1. Your choice to pay by means of the AfterPay payment service implies, after acceptance of your request, that the rights with regard to the amount due by you because of your order are transferred from the merchant to AfterPay. This means that after acceptance by AfterPay you can only pay free of charge to AfterPay. AfterPay sends you an invoice stating the amount due, separate from the delivery of the order. The invoice can be digital via e-mail or via the standard European direct debit. If you pay to another party than AfterPay, your payment obligation to AfterPay remains intact. You must then pay (again), namely to AfterPay in Heerenveen.
2.2. AfterPay reserves the right - to the extent permitted by law - not to refund any payment and/or other costs in case of return of the order by you. The return conditions of the webshop are always leading.
2.3. If you choose the AfterPay payment service in combination with direct debit, you explicitly authorize AfterPay to automatically collect the (delivery) costs on the (bank) account number provided by you and you have paid in full as soon as the collection has been successfully completed and the period for reversal has expired. As soon as your request to pay via AfterPay has been accepted and you are going to pay via the standard European direct debit, we will send you a pre-notification in which we confirm your direct debit order. You will receive this pre-information 3 days before we will collect the money. By choosing the payment service of AfterPay you agree with the term of 3 days.
2.4. AfterPay is entitled to exercise the same rights as the merchant can exercise against you based on the order.
2.5. AfterPay is at all times entitled to unilaterally transfer the claim against you to a third party.
Article 3 Costs of payment order
3.1. Any (banking) processing costs of applicant's payment order(s) shall be at your expense and risk.
3.2. If you have chosen the option to pay by standard European direct debit, you must ensure that sufficient funds are available in the account you have specified. If AfterPay is unable to collect the amount due from your account, AfterPay may charge costs (surcharge). You can avoid this by paying on time. If AfterPay is unable to collect the amount owed, even after you are in default, the claim will be passed on to a third party and you will be charged higher costs (extrajudicial collection costs).
3.3. Until one day before the collection transaction, you can legally revoke the collection order. In that case, article 6.1. applies and AfterPay can charge costs in addition to the provisions in article 6.
Article 4 Payment term
Your payment must be received by AfterPay within a period of 14 days from the invoice date, unless a different period has been agreed with you in writing.
Article 5 Change of address
You are obliged to notify AfterPay of any change of (e-mail) address. As long as AfterPay has not received a change of address, you are deemed to reside at the last address known to AfterPay. Changes of address must be notified by e-mail or in writing to the customer service of Arvato Finance B.V. h/o AfterPay, Postbus 434 8440 AK Heerenveen, telephone 020 7230 270. For a telephone call to AfterPay, you pay only the costs of your telephone provider.
Article 6 Absence
6.1. If you do not pay within the period specified in Article 4, the amount owed shall be immediately due and payable and you shall be in default without further notice.
6.2. If you have not paid within 14 days after the invoice date, AfterPay sends you a reminder to notify you that the term of payment has been exceeded. If you fail to respond to this reminder, AfterPay sends you a (second) written reminder and shall increase the amount due with extrajudicial collection costs. If you do not respond to this reminder either, and AfterPay has to send you a demand for payment, the extrajudicial collection costs will be increased once again.
6.3. From the date on which you are in default, AfterPay is entitled to charge statutory interest per month on the amount due by you, you shall also owe extrajudicial collection costs according to the Dutch Collection Costs Act in connection with the payment reminders sent by AfterPay and AfterPay shall charge you all reasonable costs to obtain payment, both judicial and extrajudicial. AfterPay is entitled to debit the total amount due, including costs and interest, from your bank account by means of direct debit or single direct debit. The minimum amount charged by AfterPay for extrajudicial collection costs in the event of default is € 40 (forty Euros).
6.4. If costs have arisen due to your attributable shortcoming (breach of contract), subsequent payments made by you will first be applied to reduce the costs that have fallen due. Only after the costs that have fallen due have been paid in full can your payment be deducted from the amount originally owed by you.
Article 7 Protection of personal data and use of data
7.1 Your privacy will be respected, and your personal data will be treated confidentially. You have the right to inspect the personal data that AfterPay holds on 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 merchant, the merchant sends your contact information (name, address, date of birth, e-mail address if applicable) as well as information about the items ordered by you (e.g., order value, product group, value of the goods, possible order channel and type of delivery) to AfterPay. Based on this information the merchant starts a credit check via AfterPay to determine whether the AfterPay purchase on account is available as a payment method for your order.
7.3 AfterPay sends your contact details as well as information on the goods/services you ordered, via informa solutions GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany to Experian Nederland B.V.,Verheeskade 25, 2521 BP Den Haag (hereinafter referred to as "Experian"), for the credit check to be performed (the "credit check").
7.4 Experian shall draw up a forecast, in particular on payment probabilities, taking into account address details and past payment experiences on the basis of mathematical-statistical methods (in particular methods of logistic regression and comparisons with groups of people who have demonstrated similar payment behaviour in the past) (Score) and shall pass this score on to AfterPay. Based on the information about the goods/services you have ordered, Experian's score, your contact details and any previous payment behaviour data / historical information already available about you at AfterPay, a balanced decision is made as to whether the AfterPay purchase is available for your order. In addition, we use Fraud.net Inc. 330 7th Avenue, New York City, NY 10001, USA, as another processor for fraud prevention and detection. The data is stored in the EU; however, Fraud.net accesses this data from the USA. The standard contractual clauses published by the European Commission have been concluded with Fraud.net in order to guarantee a level of data protection appropriate for the EU.
7.5 The legal basis for this data processing is Article 6 (1) (b) and (f) of the GDPR. The merchant's legitimate interest is to be able to assess and decide whether to offer you a high-risk payment method such as AfterPay. The legitimate interest of AfterPay is to assess whether you will meet your payment obligations after the assignment of receivables, since AfterPay assumes the risk of non-payment when assigning receivables.
7.6 In addition, the merchant passes on the email address provided by you to AfterPay in accordance with article 6 paragraph 1 subsection 1 f GDPR for the purpose of address verification in order to prevent incorrect deliveries and bad debts (the "Address Verification").
7.7 AfterPay passes this information on to to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden („ICD") . ICD uses this data to check addresses and makes the result of the check available.
7.8 The data required for the address check and credit check will be processed via a secure interface. All legitimate interests relating to your personal data will of course be taken into account in accordance with the applicable legislation.
7.9 According to Article 21 paragraph 1 of the GDPR, you have the right to object at any time to the processing of your data for the aforementioned purposes with future effect; this also applies to profiling carried out in the context of the aforementioned purposes. For this purpose, a message in text form (e.g., e-mail, letter) to the retailer is sufficient. You can find the current contact details on the merchant's website. If you object to the processing of your data, please note that the merchant will no longer be able to offer payment methods with a credit risk for your orders in the online shop. However, you can still choose other payment methods (e.g., 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 delete or correct data, etc., can be found: https://www.afterpay.nl/nl/algemeen/over-afterpay/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 damages that can be attributed to intent or gross negligence, or that arise from circumstances which are at the risk of AfterPay by virtue of mandatory rules of law. AfterPay shall never be liable for consequential or commercial damages, indirect damages and loss of profits or turnover.
8.2. If AfterPay, for any reason whatsoever, is obliged to compensate any damage, the compensation shall never exceed an amount equal to the invoice value with regard to the product or service which caused the damage.
Article 10 Applicable law and competent court
Dutch law applies to the services of AfterPay and all contracts concluded by it. Disputes shall be submitted to the competent court in the Court of Noord Nederland unless the law expressly designates another court as competent.