ARTICLE 1 – DEFINITIONS

ARTICLE 2 – SCOPE

1. These General Terms and Conditions apply to the Services offered by Fincasso. By uploading a Claim, the Client declares that he agrees with these General Terms and Conditions and authorises Fincasso and its Partners to take all necessary steps to have the Claim paid by the Debtor.

2. If any provision of these General Terms and Conditions is invalid, or in the event that it is annulled, the remaining provisions of these General Terms and Conditions shall continue to apply in full.

3. These General Terms and Conditions may be amended by Fincasso. Services that are requested by the Client after the publication of this amended version are deemed to have been performed with the Client’s acceptance of this last published version.

ARTICLE 3 – METHOD

1. To be able to use Fincasso’s Services, the Client must provide the following, nonexhaustive, information:

– Own data: legal form and name of the company, registered office, VAT number, contact details of the person in charge;
– Debtor details: legal form and name of company, registered office, VAT number, available contact details;
– Invoice to be collected, including accompanying general terms and conditions.

The correctness and completeness of the information provided are the responsibility of the Client Any costs resulting from incorrect data shall be borne by the Client.

2. As soon as Fincasso has received all the information stipulated in article 3.1, it will begin the process. The following steps are taken:
a. Fincasso summons the Debtor to pay the unpaid invoice within a certain term of payment. This term is set in accordance with the terms to be observed by law;
b. If the Debtor does not dispute the invoice, but requests an instalment plan Fincasso can propose such an instalment plan. Fincasso can allow a plan of up to six months, without having to ask the Client’s permission. If the Debtor requests a longer instalment plan, Fincasso must receive the prior agreement of the Client before granting it to the Debtor;
c. If the Debtor fails to pay, Fincasso engages its Partners to serve a reminder on the Debtor and, if necessary, to summon the Debtor to appear before the competent court or, in the case of undisputed invoices, to apply the administrative collection procedure;
d. After a judgement has been obtained, the Partners shall take the appropriate steps to ensure the execution of the judgement.

ARTICLE 4 – TARIFFS AND INVOICING

1. Unless otherwise agreed in writing, the tarifs stated on the website and in the contract shall apply.

2. In the event of full recovery of the unpaid invoice, the Client shall receive the principal sum, the compensation clause and the interest minus the agreed payment from Fincasso.

3. If the unpaid invoice is not recoverable, the Client shall only pay the advanced bailiff costs that are mutuallly recognised, unless otherwise agreed.

4. Any protest against Fincasso’s invoices must be made in writing to Fincasso within eight days, with a detailed justification, in the absence of which the invoice shall be deemed to have been accepted.

5. In the event of late payment, the customer shall be liable, ipso jure and without the need for prior notice, for late payment interest on the arrears at the rate provided for in the Act of 2 August 2002 on combatting late payment in commercial transactions. Any late payment shall also entitle the customer to claim a flat-rate compensation of 10% of the outstanding invoice amount, with a minimum of €50.00 to cover administrative costs.

ARTICLE 5 – LIABILITY

1. The services provided by Fincasso are considered obligations of means. Fincasso undertakes to act to the best of its ability.

2. Fincasso’s liability is in any case limited to the amount that Fincasso could have invoiced to the Client in the event of full collection of the Claim.

3. Fincasso cannot be held liable for defects caused directly or indirectly by an act of the Client or a third party, whether caused by error or negligence.

ARTICLE 6 – PROCESSING OF PERSONAL DATA

1. Fincasso processes, if applicable, personal data of the User and the Seller in accordance with the provisions of the General Data Protection Regulation 2016/679 dated 27 April 2016.

2. Further information on the processing of personal data is provided in the Privacy Statement which can be found here [hyperlink].

ARTICLE 7 – APPLICABLE LAW AND COMPETENT COURT

In the event of a dispute, Belgian law shall apply and the courts of Antwerp, Antwerp Division, shall have exclusive jurisdiction.