Terms and Conditions
Revision Date: 13.09.2019
Version Number: 1.30
The AfterPay Consumer Terms & Conditions contain terms and conditions for all AfterPay Payment Options.
The contracting parties are AfterPay, which is an auxiliary business name to Gothia Oy, (1730113-3, Kaisaniemenkatu 13 A, 00100 Helsinki) and the customer (hereinafter “customer”) who is a consumer wishing to use any of the AfterPay Payment Options to pay for purchases from merchants co-operating with AfterPay.
AfterPay Payment Options:
AfterPay Invoice Options
- 14-day Invoice
- Campaign Invoice
- Consolidated Invoice
AfterPay Part Payment Options
- AfterPay Flex Payment
- AfterPay Fixed Instalments
I TERMS & CONDITIONS FOR AFTERPAY INVOICE OPTIONS
1. Who can pay with AfterPay Invoice Options?
To be able to pay with the AfterPay invoice options, the Customer must be at least 18 years old, have a Finnish personal ID number and a Finnish address entered in the Population Register. This address cannot be a PO Box address. At the time of purchase, AfterPay carries out a summary credit check. If the result of the credit check means that the Customer cannot be offered to pay by invoice, the Customer may choose another payment option available in the checkout.
2. Why does AfterPay credit-check the Customer?
To check credit reports from credit rating agencies is part of the assessment of the Customer’s credit worthiness and a good way to find out if credit can be granted.
3. How does payment with AfterPay Invoice Options work?
If the Customer chooses to pay by invoice, and passes the credit check, the merchant transfers the claim for payment to AfterPay. The Customer receives an e-mail from AfterPay to the e-mail address given at the time of the purchase. The e-mail contains confirmation of the purchase as well as the invoice. Payment is due 14 days after the invoice has been sent to the Customer.
The e-mail also includes a link to MyAfterPay, where the Customer is able to pay the invoice with different payment methods, snooze the payment or apply for a credit for paying the invoice in instalments.
4. What does it cost?
AfterPay will charge an invoice fee of 0 € per purchase.
5. Late payment
If the minimum amount due is not paid by the due date, the Customer will receive a payment reminder. A reminder charge of five (5) euro per reminder will be charged. AfterPay will also charge a default interest in accordance with the Interest Act, from the due date until payment is made. If payment is not made even though the reminder has been sent, the debt will be sent for debt collection and costs for debt collections measures might be charged. Debt collection measures are taken in accordance with the Debt Collection Act.
AfterPay will send invoices and information to the Customer by e-mail to the e-mail address submitted when the Customer selected AfterPay. If the Customer has not submitted an e-mail address, the invoice will be sent to the Customer’s registered home address. All information is also available on the customer portal MyAfterPay (www.myafterpay.com). Login instructions for MyAfterPay will be sent by email. It is the Customer’s responsibility to ensure that the e-mail address and other contact information is valid at all times.
7. AfterPay’s processing of personal data
When you choose to pay with AfterPay invoice options, AfterPay, under the company name Gothia Oy, will process your personal data as a data controller. Your personal data is processed for, inter alia, the performance of the contract and in order to perform identification and credit validation checks via external and internal databases. For detailed information about AfterPay’s data processing and your rights in connection to AfterPay’s data processing, see AfterPay’s Privacy Statement.
II TERMS & CONDITIONS FOR AFTERPAY PART PAYMENT OPTIONS
1. About AfterPay Part Payment Options
These terms and conditions apply to the AfterPay Part Payment options AfterPay Flex Payment and AfterPay Fixed Instalments. For purchases over 50.00 euro from merchants co-operating with AfterPay, the Customer is able to apply for a credit to settle the payment in instalments with AfterPay Flex Payment or AfterPay Fixed Instalments. If the Customer chooses one of these payment alternatives, a credit agreement will be drawn up between AfterPay and the Customer.
1.1. AfterPay Flex Payment
With AfterPay Flex Payment, the Customer and AfterPay enters into a credit agreement through which the Customer is granted a credit with an agreed credit limit. The credit is a running goods-related consumer credit that can be used for part payment of goods and services purchased from merchants co-operating with AfterPay. The Customer is able to add new purchases to the existing credit up to the agreed credit limit and gather all AfterPay purchases to a single credit. The Customer repays the credit in flexible instalments by paying the agreed minimum-to-pay amount or more each month. The balance on the credit can also be paid off entirely at any time without any additional costs. When used credit has been repaid, the Customer is able to use the credit again for part payment of new purchases up to the agreed credit limit.
1.2. AfterPay Fixed Instalments
With AfterPay Fixed Instalments, the Customer and AfterPay enters into a credit agreement through which the Customer is granted a lump-sum goods-related consumer credit for part payment in fixed instalments for a specific purchase from a merchant co-operating with AfterPay
The credit amount is equivalent to the price of the purchased goods or services. The term of the credit agreement is agreed on in advance and can be 3, 6, 12, 24 or 36 months. Payment is made in fixed instalments with the same amount each month during the term of the credit agreement, after which the credit will be fully repaid. The balance on the credit can also be paid off entirely at any time without any additional costs.
The parties to the credit agreement are the Customer and AfterPay.
The Customer is a consumer who has applied for and been granted a credit for part payment of purchases through AfterPay Flex payment or AfterPay Fixed Instalments.
AfterPay is an auxiliary business name to Gothia Oy, Business ID 1730113-3.
Contact information for AfterPay
|Address:||Kaisaniemenkatu 13 A, 00100 Helsinki|
|Phone number:||+358 20 7229 462|
|Customer portal:||MyAfterPay, www.myafterpay.com|
3. Supervisory authorities
The supervisory authorities for AfterPay are the Regional State Administrative Agency for the South of Finland, the Finnish Competition and Consumer Authority and the Consumer Ombudsman.
Contact details for the supervisory authorities:
The Regional State Administrative Agency for the South of Finland
|Address:||Birger Jaarlin katu 15, 13101 Hämeenlinna|
|Phone number:||+358 295 016 000|
The Finnish Competition and Consumer Authority
|Address:||KKV, PL 5, 00531 Helsinki|
|Phone number:||+ 358 29 505 3000|
4. Requirements for applying for a credit
The Customer can apply for a credit for AfterPay Flex Payment or AfterPay Fixed Instalments for purchases over 50.00 euro, provided that the Customer is at least 18 years old. In addition, the Customer must have a Finnish personal ID number and a Finnish address entered in the Population Register. This address cannot be a PO Box address. Furthermore, the Customer must pass AfterPay’s credit assessment and accept the terms and conditions for AfterPay Part Payment Options to be able to be granted a credit. The Customer is able to apply for a credit up until the time before the invoice is transferred to debt collection.
Applications for credit with AfterPay Part Payment Options may be made either (1) via the merchant’s digital touch points or (2) via the customer portal MyAfterPay.
Following a purchase, an invoice will be distributed digitally, or by post, to the Customer. On the invoice the Customer will receive a link to the MyAfterPay customer portal with the call to action to enter into the credit agreement with AfterPay.
If Customer decides to enter into the credit agreement with AfterPay in the MyAfterPay customer portal after receiving the invoice, the credit agreement will replace the payment option earlier selected by the Customer.
5. Credit assessment and approval of credit
In connection with an application for credit, AfterPay performs a credit assessment whereby AfterPay assesses whether the Customer has the economic capability to fulfil the payment obligation.
The credit assessment is based on information regarding the Customer that AfterPay obtains from credit rating agencies as well as information provided by the Customer in the Customer’s application and information AfterPay already might possess.
If the Customer does not meet the minimum requirements for receiving a credit or if payment capability is considered insufficient, notification will be given that the credit application has been rejected. If the application is rejected the original invoice must be paid in full before the due date of the invoice.
6. Credit costs
The costs for the credit consist of credit interest and an administration fee. The credit interest is a fixed annual interest calculated daily on the basis of the used credit and charged monthly. The administration fee is charged once a month.
6.1 AfterPay Flex Payment
|Annual credit interest rate||19,5 %|
|Monthly administration fee||2,90 €|
The annual percentage rate of charge (APR) for a credit with a credit limit of 1,000.00 euros is 28.73 %. The APR is calculated based on the assumptions that the entire amount of the agreed credit limit is immediately utilised, that the amount – including credit interest and administration fees – is fully repaid in 12 months and that payments are made in equal instalments. Under these conditions, the total amount to pay for the Customer will be 1,143.55 euros, of which 143.55 euros are the credit costs.
6.2 AfterPay Fixed Instalments
|Number of months||3||6||12||24||36|
|Annual credit interest rate||19,5 %||19,5 %||19,5 %||19,5 %||19,5 %|
|Monthly administration fee||0 €||0 €||2,90 €||2,90 €||2,90 €|
|Start-up fee||5 €||5 €||0 €||0 €||0 €|
Example: If the payment period is 12 months, the APR for 1,000.00 euros in credit is 28.73 %. In this case, the total amount due is 1,143.55 euros, of which 143.55 euros are the credit costs.
7. Changes to the fees
AfterPay has the right to amend the fees that are charged under the credit agreement if AfterPay’s costs are increased as a result of changes in legislation or another event outside AfterPay’s control. Such increase of the fees shall correspond to the actual increase in costs for AfterPay for the administration of the credit. The Customer shall be notified about the increased fees at least two (2) months before the fee increase enters into force. If the Customer does not accept the amendments, the Customer is entitled to terminate the credit agreement. The termination is valid from the day the amendments should have entered into force. If the credit agreement has been terminated the unchanged terms and conditions are valid for the credit agreement in relevant parts until the credit, including interest and fees, has been repaid in its entirety.
8.1 AfterPay Flex Payment
The credit is repaid in monthly instalments, which include part of the credit amount, charged credit interest and the monthly administration fee. The minimum amount to pay each month is determined based on the total amount of the outstanding balance of the credit, as shown by the following table:
|Outstanding balance||Minimum amount to pay|
|50 € - 100 €||10 €|
|101 € - 150 €||15 €|
|151 € - 200 €||20 €|
|201 € - 250 €||25 €|
|251 € - 300 €||30 €|
|301 € - 350 €||35 €|
8.2 AfterPay Fixed Instalments
The credit, together with charged credit interest and applicable administration fee, is paid in equal instalments every month as specified in the Customer’s individual credit agreement. The Customer also has the right to, upon request and free of charge, at any time receive an instalment schedule showing the payments that are to be made of amortisation, interest and fees as well as during which periods and under which terms these payments shall be made.
8.3 Payment in advance
With both AfterPay Flex Payment and AfterPay Fixed Instalments, the Customer may at any time choose to pay more than the minimum amount to pay or to pay the total credit amount in advance, without incurring any additional charges.
9. Instalment-free months
With AfterPay Flex Payment, the Customer is entitled to two instalment-free months per calendar year (12 months). In order to be eligible for an instalment-free month, the Customer is required to have paid at least the minimum amount due for the four months preceding a given instalment-free month and the Customer must notify AfterPay customer service of the intention to use an instalment-free month at least two weeks before it begins.
When the Customer uses an instalment-free month, the credit interest, and the administration fee for that month, is added to the balance of the credit and the added credit interest is capitalised.
10. Right of withdrawal
The Customer is entitled to withdraw from the credit agreement by notifying AfterPay customer service in writing within 14 days from the day the credit agreement was entered into. All withdrawal notifications must be in writing and sent to After Pay’s address by post or by e-mail. The notification must be specified, containing at least the Customer's name and personal ID number, the customer number shown on the invoice, the date and the Customer’s signature.
AfterPay reserves the right to charge credit interest for the time during which the credit was available as compensation for the Customer’s withdrawal of the credit agreement. Credit interest is charged with 0.05 % per day until the credit has been repaid. In addition, AfterPay reserves the right to charge the Customer for a payment that AfterPay has made to the authorities following the conclusion of the credit agreement, if such payments are not refunded in the event of withdrawal. The Customer shall without delay and within 30 days of sending the withdrawal notification, repay the credit amount as well as compensation as stated above.
11. Termination and discontinuance of the right to use a continuing credit
With AfterPay Flex Payment, the Customer has the right to terminate the credit agreement with immediate effect. AfterPay is entitled to terminate the credit agreement if there are reasonable grounds for termination. The notice period for termination for AfterPay is two (2) months.
For reasons such as suspected unlawful or fraudulent use of the credit, considerable reduction of the Customer’s credit worthiness or that the credit has not been used for 24 months, AfterPay has the right to discontinue the Customer’s right to use the unused credit in whole or in part, regarding AfterPay Flex Payment. Such discontinuance is valid with immediate effect from the time the Customer has been notified of the discontinuance and of the reasons for the discontinuance.
12. Demand for early repayment because of the Customer’s breach of contract
If the Customer is at least one month in arrears with a payment under this credit agreement and this amount remains unpaid, AfterPay reserves the right to demand early repayment of the entire credit amount including charged interest and fees, if the amount in arrears is at least ten (10) per cent or, if more than one instalment is in arrears, the amount is at least five (5) per cent of the original credit amount or amounts to the entire outstanding balance. The entire credit becomes due four (4) weeks, or, if the Customer has already received a notice of the late payment, two (2) weeks after the demand for early repayment has been sent to the Customer, unless the Customer pays the outstanding amount within the given time period.
AfterPay is entitled to default interest on due amounts regardless of the amount in arrears, if said payment is at least six (6) months late and remains essentially unpaid.
AfterPay does not let the credit become due early if a payment is late due to illness, unemployment or other similar circumstances beyond the Customer’s control, unless it would be unreasonable of AfterPay, taking the duration of the delay and other circumstances into consideration. The Customer must immediately inform AfterPay of any such obstacles to meeting the obligations.
If the Customer has provided AfterPay with false or misleading information, which may have contributed to the granting of credit or affected its terms and conditions, or if the Customer is fundamentally in breach of the agreement in some other way, AfterPay reserve the right to demand early repayment of the entire remaining credit, including interest and other fees. The entire credit becomes due four (4) weeks after sending the demand for early repayment to the Customer. If the Customer has previously been informed of the breach, the credit becomes due after two (2) weeks. If the Customer during this time period corrects the breach, the entire credit will not become due early.
If the entire credit becomes due for early payment because of the Customer’s delay in payment or another breach of contract, the credit agreement will cease the day the entire credit has become due for early payment.
13. Default interest, reminder fee and debt collection fees
If the minimum amount to pay is not paid by the due date, the Customer is required to pay a default interest for the time between the due date and the moment the payment is made, in accordance with the Interest Act. The default interest shall be paid on the same grounds as prior to the due date (19,5 %) for 180 days from the date when the debt became due in full. If a court judgment concerning the debt is passed before the above-mentioned period of 180 days has elapsed, interest must be paid in accordance with the same grounds as prior to the due date until the court judgment is passed. When payment is delayed AfterPay will also send a payment reminder, for which a reminder charge of five (5) euro per reminder will be charged.
If payment is not made even when the entire credit has become due for early payment, the claim will be sent to debt collection. During debt collection proceedings, additional costs may occur in accordance with the Debt Collection Act.
14. Payment default entry in the Credit Data Register
AfterPay reserves the right to notify the credit information register of a default in payment if a payment is at least 60 days late from the original due date and at least 21 days have passed since the Customer received a payment reminder, in which the Customer was reminded of the possible entry of the payment default in the credit information register.
15. Annulment of the credit agreement
If the Customer withdraws from the purchase agreement with the merchant regarding purchased goods or services, which shall be paid with credit granted under this credit agreement, this credit agreement or relevant parts of it will be annulled without any further measures. AfterPay shall without delay and at the latest within 30 days from the time when AfterPay has been informed of the annulment repay what the Customer has paid to AfterPay with regards to the withdrawn purchase.
16. The Customer’s right to demand compensation from AfterPay
If the Customer is entitled to compensation from the merchant in the form of retention of payment of purchased goods or services, repayment of the purchase price, damages or another form of monetary compensation, the Customer is entitled to the same compensation from AfterPay. However, AfterPay is not obliged to pay compensation to the Customer with a higher amount than the amount AfterPay has received from the Customer in the form of payments.
If the merchant reclaims purchased goods or if the purchase is annulled in another way according to an agreement between the merchant and the Customer, the Customer is entitled to invoke a settlement with the merchant as a result of the repossession or the annulment towards AfterPay as well.
17. Liability for damages
AfterPay is not responsible for damage caused by unusual or unpredictable circumstances that AfterPay has no influence over and whose consequences it would have been impossible for AfterPay to prevent. AfterPay is not responsible for any damages resulting from legislation or EU regulation, government action, strike, blockade, boycott, lockout or other similar circumstance. In other cases, AfterPay is only obligated to compensate for direct damages caused by AfterPay’s own negligence. In such cases, AfterPay will only pay for compensation for credit losses incurred and the necessary and reasonable costs arising from investigating the damage. If the Customer fails to take reasonable measures to limit the damages, the Customer will be liable for the damages to that extent. AfterPay is not liable to pay for any indirect damages except when caused wilfully or by gross negligence.
18. Data processing
The protection of your privacy is of the utmost importance to us. AfterPay processes personal data in order to confirm your identity, assess on which payment option to offer you, administrate the customer relationship, to prevent abuse or misuse of AfterPay, to conduct customer and risk analysis and risk management, for the prevention of money laundering, and to comply with general legal requirements. Personal data is information that can be directly or indirectly linked to you.
Below are examples of personal data that AfterPay may process:
- Contact information – name, address, date of birth, Personal ID number, email address, telephone number, etc.
- Payment information – invoice information, bank account number etc.
- Financial information – your income, potential credit commitments, negative payment history
- Information on goods/services – details about the items you purchase
- Historical information – your purchase, payment and credit acceptance history
If you have used AfterPay’s services previously, there might be information stored about you, e.g. for customer administration, documentation requirements or similar approved purposes. Where available AfterPay will use such information to confirm your identity and simplify your use of AfterPay. AfterPay may use electronic communication (through for example text messages and e-mail) in contacts with you. You are entitled to request access to data, edit incorrect data relating to you or inform us that you no longer wish to have your personal data stored. The request can be sent by e-mail to firstname.lastname@example.org.
Data may also be provided to the merchant from which you made your purchase (for administrative purposes) and to authorities and other governing bodies if AfterPay is legally required to do so. AfterPay may also share your personal data with other companies within the Arvato Financial Solutions group. Gothia Oy is the data controller for the processing of your personal data. Please see AfterPay’s Privacy Statement for AfterPay’s full description of AfterPay’s processing of personal data.
20. Transfer of the agreement
AfterPay reserves the right to transfer the credit agreement, with all its rights and obligations, to a third party designated by AfterPay, which will also have the right of further transfer. The Customer is not entitled to transfer the credit agreement without prior written consent from AfterPay.
21. Information about the terms and conditions of the agreement during the agreement period
The terms and conditions of the agreement can be reviewed, downloaded and printed in the MyAfterPay portal.
Standard European Consumer Credit Information can also be reviewed, downloaded and printed in the MyAfterPay portal.
22. Amendments to the terms and conditions
AfterPay reserves the right to amend these terms and conditions on reasonable grounds such as changes in legislation or decision of authorities, however not affecting the fees that are charged under the credit agreement, without the Customer’s prior consent. Amendments enter into force at the earliest two (2) months from the time the Customer has been informed of the amendments. If the Customer does not accept the amendments, the Customer is entitled to terminate the credit agreement. Such termination shall be received by AfterPay before the amendments enter into force. The termination is valid from the day the amendments should have entered into force.
If the credit agreement has been terminated the unchanged terms and conditions are valid for the credit agreement in relevant parts until the credit, including interest and fees, has been repaid in its entirety.
AfterPay issues terms and conditions, information and notices under this credit agreement in a document or other legible and durable form to the Customer unless otherwise stated in this credit agreement. Information during the agreement period is sent by mail, e-mail or text message to the addresses specified by the Customer to AfterPay or to the Customer’s registered postal address.
The Customer shall inform AfterPay of changes to contact details such as change of name, address, e-mail and phone number.
The Customer is obliged to ensure that login details for MyAfterPay are not divulged to or used by unauthorized persons.
24. Right to bring disputes before the Consumer Disputes Board
If the contracting parties are unable to reach an agreement on a matter pertaining to the credit agreement through negotiations, the Customer may bring the matter before the Consumer Disputes Board. The Consumer Disputes Board is only authorized to issue a recommendation on the matter.
The Consumer Disputes Board
|Address:||Consumer Disputes Board, PL 306, 00531 Helsinki|
|Phone number:||+358 29 566 5200|