General Terms and Conditions
General terms and conditions for consumer credit 2020 of Webfin Leningen B.V., trading under the name SprayPay.
These are the general terms and conditions for consumer credit 2020 of Webfin Leningen B.V., trading under the name SprayPay.
Webfin Leningen B.V. is the legal entity that presented you with the proposal for entering into the credit agreement in the form of an offer, in short the "Offer". You requested the Offer through a webshop with which Webfin Leningen B.V. has a cooperation agreement. By signing the Offer, an agreement came into existence between Webfin Leningen B.V. and you under which Webfin Leningen B.V. provides you with credit, in short the "Credit Agreement". Credit is understood to mean the provision of a sum of money and/or entering into a deferral of payment, a payment arrangement, a loan, or another, similar payment facility, in short the "Credit".
Webfin Leningen B.V. holds a licence from the Netherlands Authority for the Financial Markets (AFM) under number 12045002 for offering and mediating financial products, including this Credit.
These general terms and conditions apply to the Offer and the Credit Agreement. These terms and conditions can also be requested (as filed) from the Chamber of Commerce in Utrecht, filed on 20 January 2020 under number 67976328.
1. How do I enter into the Credit Agreement?
After placing an order through a webshop with which Webfin Leningen B.V. has a cooperation agreement, you can choose to pay for your order by means of Credit provided by Webfin Leningen B.V.
If you choose to do so, you must complete an online application form. Your choice does not immediately result in a Credit Agreement with Webfin Leningen B.V. After you have completed the application form in full and correctly, Webfin Leningen B.V. will assess your application.
For purchase amounts of more than EUR 1,000, you can choose to pay part of the purchase amount of your order immediately, prior to the Credit Agreement coming into existence (the "Partial Payment"). This Partial Payment means you only need to apply for a lower amount of Credit.
Your financial situation is relevant to the assessment of your application. In order to gain insight into your financial situation and to be able to assess whether your application can be approved, an income and expenditure assessment will be carried out. This assessment involves asking you a number of questions during the application process, in order to determine whether granting credit is responsible and whether you are able to bear the monthly payments. Webfin Leningen B.V. is obliged to do so as a credit provider. Webfin Leningen B.V. will also request information from the Credit Registration Bureau (BKR).
Where possible, you will see the result of the assessment directly online. This will also show whether your credit application has been approved by Webfin Leningen B.V.
If Webfin Leningen B.V. has approved your credit application, you will receive a (digital) proposal for entering into/obtaining the Credit. The proposal is recorded in the Offer.
The Credit Agreement comes into existence at the moment you sign the Offer (digitally) during the Offer Period and, where applicable, i) subject to the condition precedent that we have received the Partial Payment and/or ii) your partner (meaning: spouse/registered partner) grants consent for entering into the Credit Agreement in accordance with Section 1:88 of the Dutch Civil Code. To ensure that consent has actually been given by your partner, you will be asked during the application process whether you have a partner, what type of partnership this is, and to provide your partner's name, email address, and telephone number. Your partner will then receive an email with the (draft) Credit Agreement attached, a verification code, and a text message referring to the aforementioned email. That verification code must then be entered with Webfin Leningen B.V. during the application process.
The Offer Period is stated in the Offer. The Offer, once signed (digitally) by the parties, is deemed to constitute the Credit Agreement.
After the Credit Agreement has been concluded electronically, Webfin Leningen B.V. will send you, and where applicable your partner, this Credit Agreement by email.
2. When, how, and to whom must you pay?
The arrangements regarding your payment are set out in the Credit Agreement. You must comply with these arrangements.
It is stipulated in the Credit Agreement, among other things, that at the time the Credit Agreement comes into existence, the webshop's claim against you is assigned to Webfin Leningen B.V., and this claim, reduced by the Partial Payment where applicable, is simultaneously assigned by Webfin Leningen B.V. to Webfin Financieringen B.V. This is relevant for payment purposes.
Because of the aforementioned assignments, you pay a monthly amount to Webfin Financieringen B.V. every month, no later than the due date. Webfin Leningen B.V. will continue to administer your Credit Agreement.
The monthly amount consists of the agreed amounts of interest and principal repayment. Only payment to Webfin Financieringen B.V. constitutes repayment of your Credit. If you pay the webshop or Webfin Leningen B.V., such payment does not discharge your obligation, and you therefore do not repay your Credit.
The Credit Agreement also states the agreed interest rate, the annual percentage rate of charge, and the total amount payable. The stated percentages and amount apply at the time the Credit Agreement comes into existence.
The annual percentage rate of charge (APR) is the total cost expressed as an annual percentage of the total amount of credit, increased by the costs of maintaining an account on which both payments and drawdowns are recorded, the costs of using a means of payment that allows both payments and drawdowns to be made, and the other costs of payment transactions.
You must pay the monthly amount using a lawful, commonly accepted Dutch means of payment, in a manner designated by Webfin Financieringen B.V., without deduction, costs, or set-off.
The monthly amount is always applied first to costs (for example, the late payment compensation), then to interest, and finally to the principal sum. This also applies if you have specified a particular component when making the payment.
In the Credit Agreement, you have given Webfin Financieringen B.V. your consent to debit the monthly amounts from your bank account each month.
3. May you repay more than the monthly amount?
You may always repay more than your monthly amount (early repayment). In that case, you are entitled to a reduction of the total cost of credit, consisting of the interest and costs, for the remaining term of the Credit Agreement.
You are not liable for any additional compensation in the event of early repayment.
4. What is the term of the Credit Agreement?
You must repay the amount owed under the Credit Agreement on the agreed end date, unless the term has been extended. The term is stated in the Credit Agreement. The Credit Agreement can be terminated in accordance with the provisions under point 10. See point 10 below for more information.
5. Can you extend the term?
If Webfin Leningen B.V. is willing to extend the term, Webfin Leningen B.V. will make a written proposal to extend the term. You will receive that proposal by email. Webfin Leningen B.V. may attach conditions to this extension. Webfin Leningen B.V. may also attach additional costs and/or a penalty to the extension.
If you have not repaid the amount owed under the Credit Agreement to Webfin Financieringen B.V. by the end date, and Webfin Leningen B.V. has made an extension proposal, the Credit Agreement shall be deemed extended in accordance with the terms of that extension proposal, unless you have notified Webfin Leningen B.V. in writing before the end date that you do not agree with the content of the extension proposal.
If, after rejecting the extension proposal, you have not reached agreement with Webfin Leningen B.V. on the extension before the end date of the Credit Agreement, you must nevertheless repay the amount owed under the Credit Agreement on the agreed end date.
You remain fully bound, even if the term is extended or the terms of the Credit change.
6. What happens if you do not pay on time?
In that case, you will receive a notice of default. In this notice of default, you will be required to fulfil your payment obligations within fourteen days.
A payment arrears of two months or more must be reported to the BKR. This may make it more difficult for you to obtain credit in the future.
7. When must you repay the amount owed in full at once?
You must repay the amount owed under the Credit Agreement and these general terms and conditions in full and at once if Webfin Leningen B.V., as administrator of your Credit Agreement, and/or Webfin Financieringen B.V. requests this. Webfin Leningen B.V. and/or Webfin Financieringen B.V. may request this if:
you have not (re)paid for two months or longer, despite having been sent a notice of default; or
you have gone to live outside the Netherlands; or
there is good reason to believe that you will go to live outside the Netherlands within four months; or
you have died and there is good reason to believe that your heirs will not comply with the arrangements under the Credit Agreement; or
a scheme under the Dutch Bankruptcy Act (Faillissementswet) applies to you; or
you have knowingly provided incorrect information in connection with entering into the Credit Agreement, of such a nature that the Credit Agreement would not have been entered into with you, or not on the same terms, had the true facts been known.
8. How can the Credit Agreement be terminated?
The Credit Agreement ends in any case upon expiry of the term agreed in the Credit Agreement, unless the term has been extended within the meaning of the provisions under point 6.
In addition, the Credit Agreement ends pursuant to Section 7:66 of the Dutch Civil Code if you dissolve the Credit Agreement within a period of fourteen days without stating any reasons. In that case, the following applies:
The dissolution takes place no later than fourteen calendar days after the day the Credit Agreement was concluded.
You exercise your right of dissolution by notifying Webfin Leningen B.V. of this within the stated period by email to consument@spraypay.nl. You have responded within the stated period if your email was sent before the stated period expires.
You are required to repay all amounts borrowed to Webfin Financieringen B.V. within 30 calendar days, together with the interest accrued from the date the Credit was provided until the date the amount owed is repaid in full, unless: (i) Webfin Leningen B.V. never paid the purchase amounts for the financed products to the relevant webshop, (ii) the relevant webshop has repaid the original purchase amounts to Webfin Leningen B.V., and/or (iii) you have returned all of the underlying products to the relevant webshop. No notice of default or warning is required for this.
From the day of dissolution, you are no longer bound by the purchase agreement with the webshop, and you may also dissolve that purchase agreement.
The Credit Agreement may also end pursuant to Section 7:82 of the Dutch Civil Code through dissolution by Webfin Leningen B.V. In that case, the following applies:
Dissolution may be effected by the court if you fail to comply with obligations (after having been given notice of default) under this Credit Agreement or under the law.
You are required to repay all amounts borrowed to Webfin Financieringen B.V. within 30 calendar days, together with the interest accrued from the date the Credit was provided until the date the amount owed is repaid in full. No notice of default or warning is required for this.
From the day of dissolution, you are no longer bound by the purchase agreement with the webshop, and you may also dissolve that purchase agreement.
If you (partially) dissolve the purchase agreement with the webshop pursuant to Section 6:230o of the Dutch Civil Code within fourteen days of the day of purchase of the product or products, you may also dissolve the Credit Agreement in whole or in part, respectively. In the event of full or partial dissolution, you are required to repay the amounts borrowed to Webfin Financieringen B.V. within 30 calendar days, together with the interest accrued, unless Webfin Leningen B.V. never paid the webshop, the webshop has repaid the amounts, and/or you have returned the products. No notice of default or warning is required for this.
If you (partially) dissolve the purchase agreement with the webshop due to a breach of contract, you may likewise dissolve the Credit Agreement in whole or in part, under the same conditions as described above.
If you annul the Credit Agreement or the purchase agreement with the webshop, in whole or in part, you may also annul the other agreement in whole or in part, under the same repayment conditions as described above.
For as long as you have not fulfilled your obligations under the Credit Agreement and these general terms and conditions towards Webfin Leningen B.V. and/or Webfin Financieringen B.V., the rights arising from the Credit Agreement and these general terms and conditions for Webfin Leningen B.V. and/or Webfin Financieringen B.V. shall continue to exist even upon termination.
9. Is there an obligation to provide security?
You are obliged to provide security, at the first request of Webfin Leningen B.V. and/or Webfin Financieringen B.V., to secure repayment of everything that Webfin Leningen B.V. and/or Webfin Financieringen B.V. has or will have a claim to from you, insofar as this is legally possible.
10. May you be dealing with third parties?
Webfin Leningen B.V. may make use of the services of third parties when carrying out your instructions and when performing the Credit Agreement with you.
Webfin Leningen B.V. will exercise due care in selecting those third parties. Webfin Leningen B.V. is not liable for any shortcomings of those third parties, unless proven otherwise.
11. What information are you obliged to report?
You are obliged to notify Webfin Leningen B.V. of all claims for compensation that you have against third parties and that replace the encumbered goods. You must report this within eight days of the claims arising.
In addition, you are obliged to report all circumstances that may be relevant to Webfin Leningen B.V. in connection with the Credit Agreement. You must do so as soon as possible.
You are obliged to report the following:
A change of address, marital status, matrimonial property regime or property regime of registered partners, and death;
The filing of a declaration or a petition for bankruptcy, suspension of payment, or application of the statutory debt restructuring scheme for natural persons under the Dutch Bankruptcy Act (Faillissementswet) against you and/or your partner;
A ruling ordering bankruptcy, suspension of payment, or application of the statutory debt restructuring scheme for natural persons under the Dutch Bankruptcy Act (Faillissementswet) against you and/or your partner;
An attachment (garnishment) against you and/or your partner.
If you do not report a change of address in a timely manner, Webfin Leningen B.V. and/or Webfin Financieringen B.V. may continue to address its correspondence to the address known to it.
12. Where can you find an overview of your Credit?
After the Credit Agreement has come into existence, Webfin Leningen B.V. will send you the Credit Agreement by email.
You will also receive from Webfin Leningen B.V., by email, an overview of the account in the form of a repayment schedule. You may also request this overview free of charge from Webfin Leningen B.V. at any time during the term of the Credit Agreement.
13. BKR
Webfin Leningen B.V. is affiliated with the Credit Registration Bureau (Bureau Krediet Registratie) in Tiel, in short "BKR". The BKR aims to promote socially responsible financial services. BKR seeks to contribute to limiting risks for credit providers and preventing over-indebtedness among borrowers, as well as to combating misuse and fraud in financial transactions. BKR processes data in the Central Credit Information System (CKI) for the purpose of preventing and limiting credit and payment risks.
Webfin Leningen B.V. is obliged to have all credit agreements of more than EUR 250 with a term of more than one month registered with the BKR, in order to ensure that you do not receive an excessive amount of credit and to limit credit and payment risks for other companies.
If you are more than 60 days behind on your payments, Webfin Leningen B.V. will report this to the BKR. This may have consequences for new financing applications.
You can request the data registered about you from the BKR. More information is available at bkr.nl.
14. Applicable privacy legislation
The General Data Protection Regulation (GDPR) applies to the processing of your personal data by Webfin Leningen B.V. Webfin Leningen B.V. is the controller for the processing of your personal data, with the actual management of your data being carried out by Webfin Leningen B.V.
The processing of this personal data will take place in the context of efficient and effective business operations, in particular aimed at the following activities:
the assessment and acceptance of a (potential) customer;
entering into and performing agreements with you and settling payment transactions;
carrying out analyses of personal data for statistical purposes;
carrying out (targeted) marketing activities in order to establish, maintain, or expand a relationship with a client;
safeguarding the security and integrity of the financial sector, including preventing and combating fraud against Webfin Leningen B.V. and other financial institutions;
complying with legal obligations.
Your personal data is available for, and may for the above-mentioned purposes be exchanged between, all companies belonging to the group of companies of which Webfin Leningen B.V. is part. Webfin Leningen B.V. may engage third parties in connection with the activities referred to above.
The SprayPay Privacy Statement, as amended from time to time, applies to the processing of your personal data.
15. You have a complaint, what now?
Webfin Leningen B.V. wants you to be satisfied. If you have a complaint about the services, products, or terms and conditions of Webfin Leningen B.V., you can submit a complaint to Webfin Leningen B.V. You can do so by emailing consument@spraypay.nl.
If, contrary to expectations, your complaint is not resolved to your satisfaction, you can turn to the Financial Services Complaints Institute (Kifid). Kifid can only handle your complaint if you have submitted it: within three months of the date of the letter in which Webfin Leningen B.V. states its final position on the complaint, or within one year after you submitted the complaint to Webfin Leningen B.V. For more information, go to kifid.nl.
For more information on how you are registered with the BKR, you can consult the BKR website. For more information, go to bkr.nl.
You may also submit your complaint to the competent civil court.
16. Final provisions
Webfin Leningen B.V. may amend these terms and conditions. They take effect 30 days after Webfin Leningen B.V. has notified you of these amendments.
You may only rely on statements made by Webfin Leningen B.V. if these have been given expressly and in writing by Webfin Leningen B.V.
The Credit Agreement, the Offer, and these terms and conditions are governed exclusively by Dutch law.
If, as a result of the introduction of new statutory rules, any rights of any kind belonging to Webfin Leningen B.V. are lost or not acquired, you are obliged to grant Webfin Leningen B.V. similar rights that do comply with the new statutory rules. Webfin Leningen B.V. assumes that you have already granted such powers of attorney for this purpose, so that Webfin Leningen B.V. may grant itself those rights.