AfterPay Terms of Payment
Terms of Payment
Acceptance and terms of Payment AfterPay® These terms are supplementary conditions to the terms of the retailer and are applicable to your payment via the post-purchase payment service AfterPay and must be read as an integral part of the general terms and conditioners of the retailer.
Article 1 Assessment request
1. If you request permission to pay using the post-purchase payment service (AfterPay®) offered by arvato Finance International B.V. that operates under the name of AfterPay® (hereinafter “AfterPay”), this does not result in an agreement. The retailer and AfterPay emphatically reserve the right to reject a request without offering any reason. You are given the opportunity of seeing directly online whether your request is approved or not, or conditionally approved. This conditional approval is, in principle, only the result of a data check by us. If required, you can receive a written notification stating the reasons. You can also contact the customer service of AfterPay one work day after your request.
2. AfterPay can, within one working day of the initial conditional acceptance of your request to pay via AfterPay®, convert this into a refusal to honour your request and thus reject your request to make a payment via AfterPay®. The conditional acceptance is related to the fact that the approval is, as yet, only the result of a limited data check.
3. Every retailer is entitled to check these data when concluding a purchase agreement with a consumer. For this, the retailer makes use of AfterPay® if you choose to pay via AfterPay®. For this, it is necessary to supply the offering details:
- Name, address and contact details. This address may not be a PO box and should be in either the Netherlands or Belgium;
- The registration number in the commercial register of the Chamber of Commerce or the Crossroads Bank for Enterprises if you purchase via your company;
- If you want to pay as a sole proprietor, commercial partnership or professional partnership, you should also supply the names of the sole proprietor owner or commercial or professional partners who are legally entitled to represent the company in this application;
- The bank account number of the person (you) requesting the payment via AfterPay®.
4. In order to pay via AfterPay®, you must satisfy the following conditions:
- You have an invoice and delivery address in the Netherlands or in Beligum. This address may not be a PO box;
- You have not been declared bankrupt, nor have not been granted suspension of payment or placed under guardianship or other form of administration, nor has there been any request lodged to that effect. In addition, you are not in a situation in which you have ceased to pay your debts on time.
- You have the power of disposal or you are represented by those who can legally represent you and are competent to act on your behalf.
- The value of the order is neither lower nor higher than the amount that the retailer allows you to pay after purchase;
- By providing your details for the purpose of being able to make use of the AfterPay® payment solution, you give your explicit permission to allow the processing and checking of your data in such a way that AfterPay® can assess in a thorough and careful way whether your request for payment can be (conditionally) accepted.
- You state, by making this request to allow payment via AfterPay®, that you are able to meet all payment obligations arising from your order in full and on time by payment to AfterPay.
Article 2 Method of payment
1. Your choice to pay via the post-purchase payment service AfterPay® from AfterPay means that after acceptance of your request/application your rights with regard to the amount owed because of your order is transferred by the retailer to AfterPay. That means that, after acceptance by AfterPay, your payments can only be discharged by paying to AfterPay. For this, AfterPay sends you an invoice stating the amount due, separately from the delivery of the order. The invoice can be digital via e-mail or on paper via the mail or via the standard European collection. If, after you are accepted, you pay a party other than AfterPay, you are still bound to pay AfterPay. You must then, should the situation arise, pay (again), namely to AfterPay.
2. AfterPay reserves the right, to the extent that this is legally permissible, not to reimburse you for any costs for the payment and/or other costs arising from the return of the order.
3. If you opt for the AfterPay® post-purchase payment system in combination with automatic direct debit, you explicitly authorise AfterPay to collect the (delivery) costs automatically from the (bank) account number you have stated and you have only discharged your payment once the collection has taken place successfully and the term for reversal has elapsed. Once your request for payment via AfterPay® has been accepted and you are planning to pay via standard European collection, we shall send you prior notice in which we confirm your collection order. You will receive this prior notice 5 days before our collection. By opting for the payment service of AfterPay®, you agree to this term of 5 days.
4. AfterPay is competent to exercise the same rights that the retailer can/could exercise on you pursuant to your order.
5. AfterPay is at all times competent to transfer your payment unilaterally to a third party.
Article 3 Costs of payment order
1. Any (bank) processing costs arising from applicant’s payment order(s) are for your account and risk.
2. If you have opted for the possibility of paying via the standard European collection, you should ensure that there is sufficient balance on the account you have submitted. If AfterPay is unable to collect the amount due from your account, AfterPay can charge you for the costs (supplementary charges). You can avoid this by paying on time. If AfterPay is unable to collect, even when you are in default, the claim shall be passed on for collection and you shall be charged higher costs (extrajudicial collection costs).
3. You are legally entitled to rescind the collection order up to one day before the settlement transaction. In that case, article 6.1 is applicable and AfterPay can also charge costs in addition to that stated in article 6.
Article 4 Payment term
Your payment that you owe due to your order, must be received by AfterPay within a term of 14 days after invoice date, unless a different payment term has been agreed with you in writing.
Article 5 Change of address
You are obliged to inform AfterPay of any change of address or e-mail. If AfterPay has not received a change of address, you will be deemed to reside at the last address known to AfterPay. Changes of address must be given by mail or in writing to the customer service of arvato Finance International B.V. h/o AfterPay, PO Box 434, 8440 AK Heerenveen, The Netherlands, telephone 0905-537 00.
1. If you do not pay within the term stated in article 4, the amount owed is immediately due and payable and you are, without further notice, in default.
2. If you have not paid within 14 days of the invoice date, AfterPay will send you an e-mail, pointing out that you have exceeded the payment term. If you choose to ignore this reminder, AfterPay shall send you a reminder in writing and AfterPay shall raise the amount owed with administration costs. If you still ignore this reminder, and AfterPay is forced to send you a final demand, the administration costs will be raised yet again.
3. From the date in which you are in default, AfterPay is entitled to charge the legal interest on the amount you owe, and you are also subject to administration costs pursuant to the Collection Costs Act in connection with the payment reminders sent by AfterPay and AfterPay shall charge you for all reasonable costs, both judicial and extrajudicial, which have been made to recover your payment. If you opt for automatic collection or single direct debit mandate, AfterPay is entitled to withdraw the total amount owed, including costs and interest, from your bank account by means of automatic collection or single direct debit mandate. The minimum amount that AfterPay charges for extrajudicial collection costs in the event of default is € 40 (forty euro).
4. If costs arise that are attributable to your failure (breach of contract), these shall first be deducted from any payments you make and booked against those costs that have arisen. Only when the additional costs have been paid can your payment be used to pay the amount originally owed by the applicant.
Article 7 Protection of personal data of natural persons and use of data
AfterPay respects everybody’s privacy and ensures that personal data is treated confidentially. AfterPay refers for this to its privacy statement which is published on its website www.afterpay.be. There you can read everything concerning the processing of your data, and also questions about perusal of the data about you that are processed and the way you can exercise rights arising from Privacy Legislation.
Article 8 Liability
1. AfterPay can only be held liable for damage due to intent or wilful negligence, or which have arise from circumstances that are attributable to it under mandatory rules. AfterPay is never liable for direct or indirect consequential damage, indirect damage and loss of profit or turnover.
2. If AfterPay, for whatever reason, is bound to pay any compensation, the amount paid shall never be higher than an amount equal to the invoice value with regards to the product or service which has caused the damage.
Article 9 Applicable law and competent jurisdiction
Every agreement concluded between applicant and AfterPay is governed by Dutch law. Disputes shall be submitted to the competent court in Zwolle, the Netherlands, unless the law emphatically designates another judge as competent.