Terms and Conditions for AfterPay 14-day Invoice
Version 2.0, applicable as of 13.11.2020
What is AfterPay 14-day Invoice?
AfterPay 14-day Invoice allows you to pay your order in [the Merchant’s] web shop by invoice (“AfterPay 14-day Invoice”).
[Name des Webhops] offers you AfterPay 14-day Invoice in its web shop in cooperation with a third party service provider, Arvato Payment Solutions GmbH, Gütersloher Str. 123, DE-33415 Verl, Germany (“AfterPay”, for more information click here). 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
- [Name des Webhops] 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 completion of your order in the web shop;
- Once a binding purchase agreement has been formed between you and [Name des Webhops] regarding your order, [Name des Webhops] will transfer the claim for the purchase price arising from your order in [the Merchant’s] web shop to AfterPay (“Transfer of Claim”);
- Due to the Transfer of Claim, you will receive an invoice or payment instruction (together referred to as “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 [Name des Webhops] remains responsible for all aspects related to the shipment, delivery and quality 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] web shop and constitute rights and obligations applicable between you and [Name des Webhops] (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 [Name des Webhops].
For the avoidance of doubt, these terms and conditions shall also apply if your order with [Name des Webhops] 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, [Name des Webhops] will assess whether this payment solution is available for your order. For this purpose, [Name des Webhops] 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, [Name des Webhops] will confirm it to you upon completion of your order in the web shop. 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: Once a binding purchase agreement has been formed between you and [Name des Webhops] regarding your order, [Name des Webhops] will 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 against you with respect to payment as [Name des Webhops] could exercise against you in accordance with the purchase agreement concluded between you and [Name des Webhops].
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 Section 2 above, you are automatically immediately 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 From the date you are in payment default pursuant to Section 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 2,40 CHF per reminder. You have the right to prove that no damage was caused to [Name des Webhops] or AfterPay by the respective reminder or that the damage is significantly lower than the reminder fee. [Name des Webhops] and AfterPay reserve the right to prove that greater damage has been caused by processing the respective reminder or by handing it over to a debt collection agency. If the outstanding claim is handed over to a debt collection agency, additional costs will arise. You undertake to reimburse the effectively incurred collection costs to the extent permitted under applicable law (Art. 27 para. 2 SchKG).
3.3 Any payments made by you to AfterPay 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 costs owed by you due to your payment default.
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 selected to pay with AfterPay 14-day Invoice as a payment solution in the web shop, [Name des Webhops] 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, [Name des Webhops] 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, via informa solutions GmbH, Rheinstrasse 99, 76532 Baden-Baden, Germany, as its processor, to CRIF AG, Hagenholzstrasse 81, 8050 Zurich (“CRIF”), for a credit check (the “Credit Check”).
4.4 The processing of your data occurs in the context of concluding and carrying out the purchase agreement. In particular, the processing also serves the purpose of performing a credit check. CRIF 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 CRIF, 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. In addition, informa Solutions GmbH uses 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, but Fraud.net accesses this data from the USA. Standard contractual clauses as published by the EU Commission have been concluded with Fraud.net in order to ensure an adequate level of data protection in the EU.
4.5 Legal basis for this data processing will be Art. 6 para. 1 sentence 1 lit. b) and f) GDPR. [Name des Webhops]'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, [Name des Webhops] 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 CRIF using informa solutions GmbH as a processor. CRIF 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.
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 here.