The payment conditions below of Capayable B.V., trading under the name of In3 (hereafter referred to as “In3”) are applicable to every agreement concerning the “In3” payment option.
In these payment conditions, the following terms are defined as stated below:
In3: The private limited liability company Capayable BV, with its registered office and principal place of business in Eindhoven and listed in the Commercial Register under number 59234784;
Client: The natural or legal person who has an agreement with In3 to offer the ‘In3’ payment service;
You: The natural or legal person who selects the “In3” payment option for the goods and/or services that this person purchases from the Client.
Article 1. Conditions of use In3 - Payment in Instalments
- By selecting the “In3” payment option, you explicitly agree to these payment conditions.
- The delivery address and billing address must be in the Netherlands. Neither address can be a PO box.
- If you opt for “In3”, you are not declared bankrupt, you are not granted a suspension of payment, you are not placed under guardianship and you are not put into administration, nor have any applications been submitted to that end. In addition, you are not put in a situation where you are obliged to pay your debts on time.
- When you opt for In3, you declare to be 18 or older.
- By providing (personal) data to In3 in order to use the “In3” payment option, you give In3 permission to process your data. In3 will use your data to check whether you qualify for the In3 payment option and will immediately notify you of the result.
- You are obliged to provide In3 with correct data if you want to use the “In3” payment option. You are liable for damage suffered by In3 or the Client resulting from supplying incorrect data.
- The value of the order is not lower or higher than the amount that the Client allows you to pay in 3 instalments.
Article 2. Outcome of the credit check
- In3 reserves the right to reject your application for the “In3” payment option, without stating reasons.
- The outcome of the credit check is communicated instantly online. You will know immediately whether your application has been approved or not, or conditionally approved.
- The outcome of the credit check is based on socio-demographic characteristics in combination with positive and negative payment experiences. In3 reserves the right to approve or reject your application, regardless of the outcome of the credit check.
- In3 reserves the right to refuse your application, even if your application was initially accepted.
Article 3. Payment method
- The Client has given In3 full power of attorney to handle the invoice. This includes the engagement of a third party. In3 is also authorised to call in a debt collection agency, lawyer or enforcement agent to handle the invoice. In addition, In3 is fully authorised to charge interest and costs in the event of non-payment of the full invoice amount.
- The Client or In3 will send you the invoice, stating the outstanding amount and invoice date. The invoice is sent digitally by e-mail.
- Paying a party other than In3 does not release you from your payment obligation. In that case, you still have to pay In3.
- Upon payment of the first instalment, the person who makes the payment agrees that he remains responsible for payment of the full invoice.
Article 4. Payment term
The payment terms applied by In3 are:
- Instalment 1: Immediately upon checkout of the webshop
- Instalment 2: No later than 30 days after the invoice date
- Instalment 3: No later than 60 days after the invoice date
The payments must be credited to the bank account of In3 unless a different payment term has been agreed in writing. You must take into account the processing time applied by banks. This delay is entirely at your risk. The date on which the payment is received by In3 will be regarded as the date of settlement of the (partial) debt.
Article 5. Change of address
In the event of a change of address and/or change of e-mail, you are obliged to notify In3 thereof. If you fail to notify In3 of the change(s), In3 assumes that you are residing at the last address held on record by In3. You remain liable for the outstanding debt, as well as for interim increases due to interest and costs. Changes can only be communicated by e-mail at email@example.com.
Article 6. Default
- You must pay within the payment periods specified in article 4. If payment has not been received within these periods, the outstanding amount becomes immediately due and payable and you will be in default without further notice of default.
- If you have not paid within two (2) days after the instalment should have been credited, In3 will send you a reminder to alert you to exceeding the payment term.
- In3 and/or the third party engaged by it is entitled to charge statutory interest from the moment you are in default.
- In3 and/or the third party engaged by it is entitled to increase the outstanding debt with all judicial and extrajudicial costs as a result of non-payment, including the fees of a lawyer, an enforcement agent and/or a debt collection agency. The following applies to extrajudicial costs:
- If you do not act in the course of a business or profession, extrajudicial collection costs will be charged after expiry of the term as stated in the notice of default, in accordance with the “Extrajudicial Collection Costs (Fees) Decree”, as referred to in subsection 6 of Section 6:96 of the Netherlands Civil Code, subject to a minimum of € 40 exclusive of VAT;
- If you act in the course of a business or profession, you will be charged extrajudicial collection costs of 15% of the principal amount due, subject to a minimum of € 75 exclusive of VAT. In accordance with Section 6:96 subsection 4 of the Netherlands Civil Code, no further notice of default is required for this.
Article 7. Liability
In3 is only liable for damage or loss attributable to gross negligence or intent on its part, or that is due to circumstances at its expense by virtue of mandatory provisions. In3 is never liable for direct trading loss or consequential damage or loss and/or loss of sales or profits.
Article 8. Applicability law and competent court
Dutch law applies to every agreement between you and In3. Any disputes will be submitted to the competent court in the district of East Brabant.