General terms and conditions for „Byjuno invoice“ of Byjuno AG ("Terms and conditions")

Valid from 1. August 2016
These terms and conditions are the terms and conditions of Byjuno AG ("Byjuno") for the "Byjuno invoice". With the choice and use of the "Byjuno invoice“ with the Merchant, you confirm that you agree to the validity of these terms and conditions. The current version of these terms and conditions applies when you make a purchase.
  1. What is the „Byjuno invoice“?
    1. In collaboration with the Online Academy, Byjuno enables the payment mode of Byjuno invoice and provides this option to consumers or end customers of the Online Academy, who are aged 18 and over and reside in Switzerland or Liechtenstein and to companies based in one of the countries.
    2. If you select the Byjuno invoice you pay the relevant goods/services from the Online Academy directly and exclusively to Byjuno. The terms and conditions of the Online Academy, from whom you purchased the goods and services, apply to the purchase itself.
  2. Credit check & cession of the purchase price claim
    1. Before or during your purchase at the Online Academy a credit check on your person/company will be performed at Intrum AG.
    2. At the moment of completion of a purchase where you have selected „Byjuno invoice“ as the payment method, the Online Academy cedes the purchase price claim to Byjuno.
    3. In such case Byjuno takes over the purchase price claim and the transaction of the payment method. Therefore you will enter into a direct contractual relationship with Byjuno AG and will have to pay the purchase price directly to Byjuno AG.
    4. As long as you owe a claim to Byjuno you are obliged to provide any address change to Byjuno.
  3. Payment terms
    1. If you have selected „Byjuno invoice“ you pay the purchase price by invoice.
    2. The payment deadline corresponds to 20 days, starting from the invoice date. After expiration of the aforementioned payment deadline without receipt of payment, the complete claim invoiced is due and the customer is automatically in default of payment for the entire outstanding claim without a reminder.
    3. If you are in default of payment, Byjuno can hire a debt collection company in Switzerland or abroad or assign the claim.
  4. Interest and fees
    1. Interest of 8.5% per year (360 days) is charged on all outstanding amounts in case of payment default.
    2. Starting from the moment of payment default an additional fee of CHF 3.50 will be charged for each postal sending in paper form.
    3. If there are arrears in payment arrears, we first send a reminder by email and later by regular postal mail (no email reminder if postal mail sending is activated). We levy dunning charges of CHF 5.00 per email reminder and CHF 20.00 per reminder by regular postal mail.
    4. If you do not immediately inform us about an address change, we will charge you CHF 30.00 for address enquiries.
    5. If the email address is invalid, Byjuno can send the invoice/reminder via regular postal mail and charge an additional fee of CHF 10.00.
  5. Collection fee
      Costs if transferred to a collection agency: Collection fee in CHF, based on the amount of the receivables: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19,999); 2,600 (up to 49,999); 6% of the receivables (from 50,000).
      Byjuno is entitled to transfer the outstanding invoice amount(s) or the right to receive payments pursuant to these provisions to third parties. The collection agency is authorized to handle the claim without restrictions.
  6. Customer enquiries
      The Online Academy remains solely responsible (in particular for questions about shipping and delivery, returns, warranties, defects, complaints and cancellations) for customer concerns regarding the purchased goods/services. Byjuno is only responsible for enquiries in connection with payment processing or the Byjuno invoice.
  7. Exclusion of offsetting
      Any set-off defence against the Online Academy, to which you might have a right, cannot be held against Byjuno.
  8. Disclaimer / Applicable law
      Any liability on the part of Byjuno is excluded. Swiss law is applicable to the present Byjuno terms and conditions. The legal venue is Zug, Switzerland. ****