Mondu BNPL for B2B

General Terms and Conditions and Individual Payment Postponement Agreement

General Terms and Conditions of [Merchant] and Mondu GmbH for the Invoice with Payment Term Model

Preamble

For its purchase from the Merchant, the Buyer has chosen the invoice with payment term model of Mondu. These general terms and conditions of the Merchant and Mondu GmbH (“Mondu“) for the invoice with payment term model (“Payment Postponement Terms“) apply to the conclusion of payment postponement agreements in the Mondu checkout process (“Checkout Process“; the respective agreement “Payment Postponement Agreement“).

The Payment Postponement Agreement concluded in the checkout process corresponds to the sample attached to these Invoice Payment Terms.

Invoice Amount

Buyer acknowledges that the Buyer owes the Merchant the amount stated in the Checkout Process under the respective “Purchase Agreement“.

Payment Postponement

The Buyer shall pay the invoice amount within the payment term specified in the Checkout Process to the account yet to be named by the Merchant.

Overpayments

In the event of overpayments by the Buyer to the account yet to be named by the Merchant, the Buyer shall pay the Merchant (section 6) a contractual penalty in the amount of the overpayment, but no more than 5 % of the invoice amount. If the overpayment exceeds this limit, the contractual penalty shall be offset against any claims for repayment of the Buyer. The contractual penalty shall be offset against any claims for damages.

Default of Payment

For all payment amounts in default the Buyer undertakes to pay a flat-rate reminder fee of a maximum of EUR 40 in addition to default interest and compensation for damage caused by the default. The flat-rate reminder fee is due immediately.

Assignment

The Merchant intends to assign the receivables due against the Buyer under the Payment Postponement Agreement to a third party. All payments due under the Payment Postponement Agreement shall be paid to the account of this third party yet to be named by the Merchant. The Buyer acknowledges that payments can only be made to this account with debt-relieving effect.

Services and Data Processing by Mondu

Mondu enables the Buyer to conclude the Payment Postponement Agreement. For this purpose, the processing by Mondu of the data that has been and/or will be collected in connection with the Purchase Agreement is required. Mondu processes the personal data collected in this context for (i) the verification of the granting of the payment postponement and (ii) the receivables management pursuant to Art. 6 (1) lit b) and f) of EU Regulation 2016/679 (General Data Protection Regulation, “GDPR“). Furthermore, the personal data may be used for marketing purposes (sending of information and offers) as well as for the creation of personal user profiles pursuant to Art. 6 para. 1 lit a) GDPR, provided a separate consent is obtained.

For more information on the data processing that takes place, your data protection rights and the contact details of our Data Protection Officer, please see [deep link to privacy information for Buyers].

Applicable Law

These Payment Postponement Terms as well as the Payment Postponement Agreement shall be governed by and  construed in accordance with German law, excluding its conflict of law provisions.

Sample

Complete Invoice Purchase

Please check your details and complete the Payment Postponement Agreement.

Payment details

Invoice amount [●●●]

Payment term [●●●]

Buyer

[Name]

[Street, No.]

[Postal Code, City]

The General Terms and Conditions of Merchant and Mondu GmbH apply to the invoice purchase, which you can access here: [deep link].

[Button: “Complete Now”]