Acceptance and Payment Terms and Conditions Arvato Finance B.V. trading under the name AfterPay
Version 3.0, May 2018.
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:
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 of natural persons and use of data
AfterPay respects everyone's privacy and shall ensure that information relating to natural persons is treated confidentially. AfterPay processes personal data to confirm your identity, to verify that you can pay later, for administrative reasons, to prevent fraud, to carry out a risk assessment, to prevent money laundering and to fulfil legal obligations. Personal data is information that can be directly or indirectly traced back to you.
Below are examples of the types of personal data that AfterPay is permitted to process:
Contact information: name, address, date of birth, email address, telephone number.
Payment information: billing details, account number
Financial information: negative payment history, WSNP (Debt Rescheduling (Natural Persons) Act) report
Information about goods/services: details about your order
Historical information: your order history with AfterPay
We reuse the data that you have previously provided us with and share this information with a credit reference agency and anti-money laundering screening companies to assess your credit worthiness, assess risks and to confirm your identity before you can use AfterPay.
Once you have used the AfterPay services for the first time, information about you may be stored, for example, for administrative reasons. AfterPay uses this information wherever possible in order to confirm your identity and to simplify the use of AfterPay. AfterPay uses electronic communication (email, text message) to get in contact with you. You reserve the right to inspect, correct and delete the personal data that AfterPay has about you. These requests can be sent to email@example.com.
Your personal data may be supplied to the web store where you ordered (for administrative reasons) and authorities or other public bodies where AfterPay is required to do so. AfterPay may also share your personal data with other companies within the Arvato Financial Solutions Group.
Ultimately, AfterPay is responsible for processing your personal data and refers to its privacy statement for a full description of the processing of personal data by AfterPay. By agreeing to these terms and conditions, you agree to this 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.