Terms and Conditions
Terms and Conditions for AfterPay 14-day Invoice
Version 4.0, applicable as of 8th of June 2020.
What is AfterPay 14-day Invoice?
AfterPay 14-day Invoice allows you to pay your order in [the Merchant’s] webshop by invoice after receipt of the purchased good or service (“AfterPay 14-day Invoice”).
[The Merchant] offers you AfterPay 14-day Invoice in its webshop in cooperation with a third party service provider, Arvato Finance B.V. (“AfterPay”, for more information see https://www.afterpay.be/klanten). To be able to pay with AfterPay 14-day Invoice you have to be at least 18 years old.
If you select to pay your order with AfterPay 14-day Invoice, this means that
- [The Merchant] will initiate a Credit Check (as defined in Section 4.3 below) and an Address Check (as defined in Section 4.6 below) via AfterPay to decide whether this payment solution is available for your order;
- If AfterPay 14-day Invoice is available, it will be confirmed to you upon com-pletion of your order in the webshop;
- [The Merchant] will, upon shipment of your order, transfer the claim for the purchase price arising from your order in [the Merchant’s] webshop to AfterPay (“Transfer of Claim”);
- Due to the Transfer of Claim, you will receive an invoice or payment instruction (“Invoice”) from AfterPay for your purchases by e-mail (or by regular mail in case no e-mail address is available);
- Your payment has to be made within 14 days after the Invoice date to an account of AfterPay as indicated on the Invoice; and
- AfterPay only intervenes in the payment process and therefore [the Merchant] remains responsible for all aspects related to the shipment and delivery of the purchased good or service.
Scope of these Terms and Conditions
Please note that these terms and conditions apply once you select to pay via AfterPay 14-day Invoice in [the Merchant’s] webshop and constitute rights and obligations applicable between you and [the Merchant] (and between you and [the Merchant’s] service provider AfterPay following the Transfer of Claim to AfterPay). These terms and conditions become an integrated part of the purchase agreement concluded between you and [the Merchant].
For the avoidance of doubt, these terms and conditions shall also apply if your order with [the Merchant] has been made by telephone.
1. Operation of AfterPay 14-day Invoice and Notice of Transfer of Claim
1.1. Upon your selection to pay with AfterPay 14-day Invoice, [the Merchant] will assess whether this payment solution is available for your order. For this purpose, [the Merchant] will initiate a Credit Check (as defined in Section 4.3 below) and an Address Check (as defined in Section 4.6 below) via AfterPay.
1.2. If AfterPay 14-day Invoice is available for your order, [the Merchant] will confirm it to you upon completion of your order in the webshop. If you are not able to pay by AfterPay 14-day Invoice, you may choose another payment option available in the checkout.
1.3. Notice of Transfer of Claim: [The Merchant] will, upon shipment of your order, transfer and assign the claim for the purchase price arising from the purchase agreement with you to AfterPay. Due to this Transfer of Claim you will receive an Invoice from AfterPay setting forth the amount due, usually digitally via e-mail (or via regular mail where no e-mail address is available) and separately from the delivery of the order.
1.4. Following the Transfer of Claim, your payment has to be made to AfterPay. Further, AfterPay is entitled to exercise the same rights with respect to payment against you as [the Merchant] could exercise against you in accordance with the purchase agreement concluded between you and [the Merchant].
1.5. In the event you pay someone else than AfterPay following the Transfer of Claim, your payment obligation to AfterPay remains. In such a case, you should then pay (again), this time to AfterPay.
1.6. The claim against you can, at all times, unilaterally be transferred by AfterPay to a third party, including a debt collection agency in case of payment default.
Your payment must be made to AfterPay within 14 days after the Invoice date. The bank account and all required details will be set out in the Invoice submitted to you by AfterPay.
3. Payment Default
3.1 If you do not pay within the period specified in Article 2 above, you are automatically (immediately and by operation of law) in payment default without any prior notice being required. The amount owed by you to AfterPay due to the Transfer of Claim is immediately claimable.
3.2 In the event of such payment default, AfterPay will send you one free email reminder. Thereafter, AfterPay may send you further payment reminders in which case you may be charged with additional compensation as set out in Article 3.3.
3.3 From the date you are in payment default pursuant to Article 3.1, you can be charged, without any prior notice being required, (i) the statutory interest rate on the amount you owe from the due date until the date of full payment, as well as (ii) a reminder fee in the amount of EUR 5 per reminder as of the 2nd payment reminder sent to you.
3.4 Any payments made by you will first be allocated to the amount originally owed by you and only after such amount has been fully paid will be allocated to any compensation owed by you due to your payment default.
3.5 In the event a repayment obligation towards you arises which is not fulfilled within the agreed timelines, a payment default will be committed towards you. In that case you may send a payment reminder and claim the same interest rate and reminder fees as set out in Article 3.3 above. You understand and accept that AfterPay only intervenes in the payment process and therefore that the Merchant remains responsible for all aspects related to the shipment and delivery of the purchased good or service.
3.6 If a third party debt collection agency intervenes to collect the debt owed by you, you can be charged, without any prior notice being required, (i) the statutory interest rate on the amount you owe from the due date until the date of full payment, as well as (ii) the following debt collection compensation:
|Tranche of principal amount of the claim||Debt collection compensation applicable per tranche|
|Up to EUR 400||EUR 40|
|EUR 400,01 to EUR 5.000||10 %|
|EUR 5.000,01 to EUR 10.000||5 %|
For the avoidance of doubt, in case of a payment default the total compensation charged to you for payment reminders under Article 3.3. and debt collection compensation under this Article 3.6 together can never exceed the amounts determined by application of the table above.
3.7 The debt collection procedure is carried out under the responsibility of the third party debt collection agency. AfterPay cannot be held liable for the acts of the third party debt collection agency and the potential consequences thereof except in case of wilful misconduct or gross negligence of the debt collection agency and/or AfterPay.
3.8 If, in the case of Article 3.5 above, a repayment obligation towards you remains outstanding after you sent a payment reminder and put forward a reasonable time period for payment, you are entitled to claim the same interest rates and compensation as set out in Article 3.6 above.
4. Protection of Personal Data and Use of Data
4.1 Your privacy is respected and your personal data is treated confidentially.
4.2 If you have selected to pay with AfterPay 14-day Invoice as a payment solution in the webshop, [the Merchant] will send AfterPay your contact details (name, address, if applicable date of birth, e-mail address) as well as information on the items you ordered (e.g. order value, product group, value of goods, possibly order channel and delivery type). Based on this information [the Merchant] will initiate a credit check via AfterPay to decide whether AfterPay 14-day Invoice is available for your order.
4.3 AfterPay will send your contact details as well as information about the goods / services you have ordered, to Bisnode Belgium NV/SA (Researchdreef 65, 1070 Anderlecht, Belgium) for a credit check (the “Credit Check”).
4.4 Bisnode Belgium NV/SA (Researchdreef 65, 1070 Anderlecht, Belgium) creates a forecast, in particular on payment probabilities (score), taking into account address data and payment histories based on mathematical-statistical methods (especially logistic regression methods and comparisons with groups of persons that have a similar payment history in the past), and provides this score to AfterPay. Based on the information on the goods / services you have ordered, the score provided by Bisnode Belgium NV/SA (Researchdreef 65, 1070 Anderlecht, Belgium), your contact information and potentially payment data already stored at AfterPay, a balanced decision will be taken whether AfterPay 14-day Invoice is available for your order.
4.5 Legal basis for this data processing will be Art. 6 para. 1 sentence 1 lit. b) and f) GDPR. [The Merchant's] legitimate interest is to be able to assess and decide whether it can offer you a high-risk payment solution such as payment by invoice. AfterPay’s legitimate interest is to assess if you will fulfil your payment obligations following the Transfer of Claim as AfterPay takes over the credit risk upon the Transfer of Claim.
4.6 In addition, [the Merchant] will forward the address data (name and address) provided by you to AfterPay pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR for the purpose of address verification to avoid incorrect deliveries and bad debts (the “Address Check”).
4.7 AfterPay transmits this information to Bpost (Munt, 1000, Brussel). Bpost (Munt, 1000, Brussel) uses this data to perform the address verification and prepares the result available for further review.
4.8 Any transmission of data required for the Address Check and the Credit Check will be via a secure interface. Any legitimate interests in relation to you and your personal data will, of course, be taken into account in accordance with the applicable laws.
4.9 In accordance with Article 21 (1) of the GDPR, you have the right, for reasons of your own particular situation, to object at any time to the processing of your data for the above purposes with future effect. This also applies to a profiling carried out in the context of the aforementioned purposes. A message via e-mail or letter to [the Merchant] is sufficient to object. The current contact details can be found in the imprint of [the Merchant’s] webshop. If you do object to the processing of your data hereunder, please note that [the Merchant] can no longer offer you any payment options with credit risk for your orders in the webshop. However, you will still be able to select other payment options (e.g. pre-payment).
More detailed information about AfterPay in accordance with Art. 14 GDPR, in particular information on business purposes, data storage purposes, data recipients, the right of access to information about your data, the right to delete or rectify data, etc. can be found under the following link: https://www.afterpay.be/be/footer/over-afterpay/privacy-statement.