General Terms & Conditions for the ‘Byjuno 3 instalments with interest’ payment option from Byjuno AG

  1. General provisions
    1. These General Terms & Conditions (hereinafter: ‘GTC’) govern the legal relationship between you and Byjuno AG (Industriestrasse 13C, 6300 Zug, hereinafter: ‘Byjuno’) concerning the ‘Byjuno 3 instalment with interest’ payment option (hereinafter: the ‘payment option’).
    2. By applying for the payment option, you confirm that you have read, understand and accept the GTC.
    3. The payment option is available to natural persons with capacity to act on their own account who reside in Switzerland or Liechtenstein.
    4. You must have a Swiss bank account in order to fulfil the payment obligations under this contract.
  2. Identity and credit check
    1. A positive identity and credit check is required before the contract for the partial payment option can be concluded between you and Byjuno.
    2. The identity and credit check will be performed by Intrum AG.
    3. Your personal data will be processed in compliance with the provisions of section 9.
  3. Claims arising from purchase and/or service contracts
    1. You agree that you will pay to Byjuno all claims, plus any interest and fees, resulting from purchases from affiliated retailers for which you have chosen the payment option.
    2. The retailer assigns its claim from the underlying transaction (purchase and/or service contract) to Byjuno. The assignment of the claim by the retailer and the issuing of an invoice by Byjuno does not result in novation.
    3. The purchase and/or service contract concluded between you and the retailer is formed exclusively between you and the retailer and is executed in accordance with the terms agreed therein. All customer enquiries related to goods/service, discrepancies, complaints, delivery times, withdrawals, contradictions, deliveries, returns, warranty claims, credit notes, and objections and claims by you against the retailer etc. (hereinafter ‘claims and objections’) must be addressed exclusively to the retailer. Claims and objections against the retailer do not release you from your obligation to make full payment to Byjuno. Regardless of such claims and objections, you are obliged to pay the full invoice amount to Byjuno. Byjuno will not refund any invoices you have paid to Byjuno.
  4. Payment terms
    1. The invoice(s) will normally be issued electronically to the valid email address provided by you. By agreeing to these GTC, you confirm the use of your email address for legal transactions and that you regularly monitor your email inbox and access, check and respond promptly to emails sent to this address; i.e. at intervals appropriate to fulfil your obligations under this contract. If you provide an invalid email address, Byjuno may send the invoice(s) and any reminders by post and charge an additional fee of CHF 10 per invoice/reminder. You also have the option to request invoice(s) to be issued by post (additional charges apply – see section 5).
    2. The total amount (invoice amount plus interest and fees) must be paid within three months in three instalments (of one-third). The instalments must be paid by the deadlines specified on the invoice.
  5. Interest and (optional) fees
    1. The total amount payable is subject to interest at a rate of 9.9% p.a.
    2. If you have chosen to receive invoices by post, an additional fee of CHF 3.50 will be charged for each invoice or reminder sent.
    3. If you fail to notify us immediately of any change of address, we will charge you CHF 30 for address research.
  6. Default
      On expiry of the payment period for an invoice, you will be deemed to be in default, even before a reminder is sent. In the event of arrears, you will be liable to Byjuno for interest on the arrears of 9.9% p.a. The first reminder will be issued five days after the due date with costs of up to CHF 30 for each individual reminder. Byjuno may engage third parties to provide debt collection services and is entitled to assign the invoice claim(s) to third parties. 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.
  7. Communication
    1. Communication between you and Byjuno will generally take place via www.byjuno.ch and by email.
    2. You expressly authorise Byjuno to communicate with you by (unencrypted) email via the email address you have provided. All messages sent by Byjuno to the email address provided by you will be deemed to have been delivered within two calendar days (constructive notice).
    3. At your express request, invoices can also be sent to you by post (a charge of CHF 3.50 per invoice applies).
  8. Contract term and termination
    1. This contractual relationship will end on full settlement of the outstanding amount.
    2. Byjuno is entitled to terminate the contractual relationship at any time, without citing a reason, by giving notice in writing. in this situation, the outstanding amount must be paid in full by the deadline specified in the notice.
  9. Credit check, authorisation to provide information, data processing in Switzerland and abroad
    1. For the purposes of fulfilling the contract, Byjuno collects and processes the following data concerning you: first and last name, date of birth, home address, telephone number, email address, information on your financial circumstances, device ID and full details of the retailer invoice (especially purchase amount and product category) and information on your purchasing and payment history.
    2. The identity and credit check will be performed by Intrum AG. To that end, Byjuno will notify Intrum AG of the contract and the personal details and information on your financial circumstances that you provided during the application process. You acknowledge and agree that Intrum AG is expressly permitted to process this data in compliance with its data protection provisions (available at the following link: www.intrum.ch -> Data protection) and in particular may disclose this data to other third parties. Byjuno will receive information from Intrum AG on your creditworthiness, particularly information on your personal data, your ability to pay and your other obligations.
    3. You agree that Byjuno may transfer this data within Switzerland and abroad to companies in the Intrum Group for market research purposes and to ThreatMetrix (www.threatmetrix.com) for anti-fraud purposes. You can withdraw this consent at any time by writing to Byjuno, Data Protection Officer, Industriestrasse 13c, 6300 Zug.
    4. You acknowledge that Byjuno may fully or partially outsource certain activities, in particular relating to the administration of the contractual relationship (e.g. order and contract processing, including credit checks, correspondence, reminders and debt collection) and data storage, to third parties in Switzerland and abroad.
  10. Exclusion of liability
    1. To the extent permitted by law, Byjuno disclaims all liability for direct and indirect losses. In particular, Byjuno accepts no liability for any damage that may be suffered if an affiliated retailer refuses to accept a payment using the payment option for any reason, or a payment cannot be made using the payment option for technical or other reasons. Byjuno also disclaims all warranties and liability if malicious software or similar has been installed on the internet-capable device that you use. In addition, Byjuno accepts no liability for damage suffered due to the misuse of data, a technical fault or the use of the internet connection.
    2. Any liability or warranty claims are against the affiliated retailer and Byjuno disclaims all warranties and liability in this regard. In particular, any complaints about the goods or services purchased and any disagreements and claims arising from these legal transactions must be addressed directly to the retailer (see section 3.2). A set-off defence available to you against the affiliated retailer cannot be exercised against Byjuno.
  11. Changes
    1. Byjuno may change the GTC at any time at its sole discretion, provided that this does not unreasonably affect your interests, and may adjust the (optional) fees. You will be informed of changes in an appropriate form (e.g. with an invoice issued to you). The currently valid GTC can also be viewed at www.byjuno.ch at any time.
  12. Severability
    1. If a provision of these GTC is or becomes ineffective or void, this will not affect the validity of the remaining provisions. In such a case, the invalid or void provision must be replaced with an effective provision that comes as close as possible to the economic purpose of the ineffective provision.
  13. Final provisions
    1. Byjuno may assign all rights and claims arising from the contractual relationship with you to third parties at any time. Byjuno may also transfer all or part of the contractual relationship to third parties.
    2. This legal relationship will be governed exclusively by Swiss substantive law.
(version 01.11.2019)