Terms and Conditions for AfterPay Direct Debit
Version [2.3], applicable as of 17.02.2022.
What is AfterPay Direct Debit?
AfterPay Direct Debit allows you to pay your order in our web shop by SEPA direct debit ("AfterPay Direct Debit").
We as the merchant (hereinafter the "Merchant") offer you AfterPay Direct Debit in our 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 see https://www.afterpay.de/kontakt). To be able to pay with AfterPay Direct Debit you have to be at least 18 years old.
If you select to pay for your order with AfterPay Direct Debit, it means that
The Merchant will initiate a Credit Check (as defined in Section 5.3 below) and an Address Check (as defined in Section 5.6 below) via AfterPay to decide whether this payment solution is available for your order;
If AfterPay Direct Debit 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 the Merchant regarding your order, the Merchant 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 ) and the direct debit transfer will be made to an account of AfterPay;
The amount listed on the invoice is due for payment upon receipt of the invoice, but not before the deadline for advance information. Advance information ("Pre-Notification") means any notification (e.g. on the invoice) to you announcing a debit by SEPA direct debit. The deadline for advance information is agreed to be 7 days after receipt of the invoice. The direct debit will be collected when due from the account that you have specified in the SEPA direct debit mandate to AfterPay;
AfterPay only intervenes in the payment process and therefore the Merchant remains responsible for all aspects related to the shipment, quality 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 Direct Debit in the Merchant's web shop 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.
1. Operation of AfterPay Direct Debit and Notice of Transfer of Claim
1.1 Upon your selection to pay with AfterPay Direct Debit, 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 5.3 below) and an Address Check (as defined in Section 5.6 below) via AfterPay.
1.2 If AfterPay Direct Debit is available for your order, the Merchant will confirm it to you upon completion of your order in the web shop. If you are not able to pay by AfterPay Direct Debit, 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 the Merchant regarding your order, the Merchant 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 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.
2.1 The amount listed on the invoice is due for payment upon receipt of the invoice, but not before the deadline for advance information. Advance information ("Pre-Notification") means any notification (e.g. on the invoice) to you announcing a debit by SEPA direct debit. The deadline for advance information is agreed to be 7 days after receipt of the invoice. The direct debit will be collected when due from the account that you have specified in the SEPA direct debit mandate to AfterPay. Further, AfterPay is entitled to exercise the same rights against you with respect to payment as the Merchant could exercise against you in accordance with the purchase agreement concluded between you and the Merchant.
2.2 To make your payment via AfterPay Direct Debit you will authorise (i) AfterPay by way of a SEPA Mandate to send instructions to your bank to debit your account and (ii) your bank to debit your account in accordance with the instructions from AfterPay on the due date. At the same time, you will also confirm to the Merchant and AfterPay that you are authorised to dispose over that account and that the account has sufficient funds.
2.3 On the due date AfterPay will collect the outstanding amount from your account in accordance with the information provided. Under the terms and conditions of your agreement with your bank you can request a refund of the debited amount from your bank within eight weeks from the date on which your account was debited.
3. Payment Default
3.1 In the event of an unjustified refund claimed by you from your bank with regard to a debited amount or in the event of a reversal of a direct debit (e.g. because your account did not have sufficient funds or has expired) the claim for the purchase price remains outstanding and you will automatically be in payment default without any further notice being required.
3.2 Please note that the reversal of a direct debit is causing considerable efforts on AfterPay's or the Merchant's side. You acknowledge and accept to compensate AfterPay or the Merchant by way of a reversed direct debit fee in the amount of 4.50 EUR for each reversed direct debit. You have the right to prove that no damage was caused to the Merchant or AfterPay by the respective reversed direct debit or that the damage is significantly lower than the reversed direct debit fee. The Merchant and AfterPay reserve the right to prove that greater damage has been caused by the reversed direct debit.
3.3 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 EUR per reminder. You have the right to prove that no damage was caused to the Merchant or After-Pay by the respective reminder or that the damage is significantly lower than the reminder fee. The Merchant 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 and you will be obliged to reimburse the incurred collection costs in accordance with the statutory provisions.
3.4 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 al-located to any costs owed by you due to your payment default.
4. Return of ordered goods / withdrawal from your purchase agreement
In the event you return your ordered good(s) or withdraw from your purchase agreement with the Merchant, we ask you not to initiate a direct debit reversal to avoid unnecessary costs. Please inform the Merchant and AfterPay accordingly and the corresponding amount will be transferred back or credited to you without undue delay.
5. Protection of Personal Data and Use of Data
5.1 Your privacy is respected and your personal data is treated confidentially.
5.2 If you selected to pay with AfterPay Direct Debit as a payment solution in the web shop, the Merchant will send AfterPay your contact details (name, address, if applicable date of birth, e-mail address etc.) 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 Direct Debit is available for your order.
5.3 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 infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany, for a credit check (the "Credit Check").
5.4 Infoscore Consumer Data GmbH 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 Infoscore Consumer Data GmbH, your contact information and potentially payment data already stored at AfterPay, a balanced decision will be taken whether AfterPay Direct Debit 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.
5.5 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 direct debit. 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.
5.6 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").
5.7 AfterPay transmits this information to infoscore Consumer Data GmbH using informa solutions GmbH as a processor. infoscore Consumer Data GmbH uses this data to perform the address verification and prepares the result available for further review.
5.8 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.
5.9 In accordance **with Art. 21 para. 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 web shop. 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 web shop. However, you will still be able to select other payment options (e.g. pre-payment).
5.10 We use your contact information to send you advertisements by post, email, MMS, SMS or via the AfterPay app about other AfterPay products, such as payment by instalments ("AfterPay Flex") or monthly billing. You will then receive advertising by email, MMS or SMS even without your express consent if we have received your email address or telephone number in connection with the use of our services and the products/services advertised by us are similar to those you have already used with us in the past. You can object to this use of your contact information for advertising purposes at any time by sending an email to firstname.lastname@example.org. This will not incur any additional costs for you, except for the transmission costs according to the base rates.
Furthermore, at the end of each e-mail, MMS or SMS, you will be given the opportunity to object to the further use of your e-mail address or telephone number by us for the aforementioned purpose (advertising of comparable goods and services) in the future.
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://documents.myafterpay.com/privacy-statement/en_de/