General terms and conditions for "Byjuno invoice with partial payment option" of Byjuno AG ("Terms and conditions") at the Merchant ("Merchant")

Valid from 1. March 2018
These terms and conditions are the terms and conditions of Byjuno AG ("Byjuno") for the "Byjuno invoice with partial payment option". With the choice and use of the "Byjuno invoice with partial payment option" 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 with partial payment option?
    1. In collaboration with the Retailer, Byjuno enables the payment mode of Byjuno invoice with partial payment option and provides this option to consumers or end customers of the Dealer, 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 with partial payment option, you pay the relevant goods/services from the Retailer directly and exclusively to Byjuno in a maximum of three instalments within three months after the order according to number 3.2 below. The terms and conditions of the Merchant, from whom you purchased the goods and services, apply to the purchase.
  2. Credit standing check & assignment of the purchase price claim
    1. Intrum AG checks your credit standing before and/or during the conclusion of the purchase from the Merchant.
    2. If you select the Byjuno invoice with partial payment option, the Merchant shall assign the purchase price claim to Byjuno.
    3. In this case, Byjuno takes possession of the purchase price claim ("Claim") and handles payment processing. You enter into a direct contractual relationship with Byjuno regarding the Claim and must pay the Claim directly to Byjuno.
    4. As long as Byjuno has an outstanding claim against you, address changes are to be communicated to Byjuno without undue delay.
  3. Payment terms and minimum amounts for partial payment
    1. The payment deadline for the full payment of the Claim or the 1st instalment is 20 (twenty) days from invoice date. The partial payment option is not available for companies.
    2. You are entitled to repay the outstanding amount of the Claim wholly or in part at any time in advance. However, the following minimum amounts of the total outstanding amount of the Claim must be received by Byjuno within the following deadlines:
      Instalment no.Minimum amounts of the total outstanding ClaimTerms of payment from the invoice date
      110%20 days
      250%59 days
      3Balance90 days
      The instalment option is only enabled or takes effect with the payment of a corresponding partial amount, i.e., the corresponding minimum amount according to the table above must be paid in each case for each instalment (instalment 1 to instalment 3). After expiration of the aforementioned payment deadline(s) without receipt of payment, the complete Claim invoiced and/or any individual instalment is due and the customer is automatically in default of payment for the entire outstanding Claim without a reminder. For legal reasons, Byjuno does not grant any extensions of payment deadlines.
    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 14.9% per year (360 days) is charged for each respectively outstanding amount of the Claim from 20 (twenty) days since the date of the invoice.
    2. In addition to the price of the goods, we charge an administration fee of CHF 2.50 per invoice/instalment. The Merchant pays the administration fee for the first invoice/instalment.
    3. A fee of CHF 3.50 is charged per postal sending in paper form.
    4. 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 10.00 per email reminder and CHF 20.00 per reminder by regular postal mail.
    5. If you do not immediately inform us of an address change, we will charge you CHF 30.00 for address enquiries.
    6. 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.
    7. A refund, which is not related to a product defect or a product recall, will incur a processing fee of CHF 25.00.
  5. Default interest, collection fee
      Default interest of 14.9% p.a. (360 days) applies to the balance of the receivables. 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. No right to a "Byjuno monthly invoice"
      The terms and conditions of the Byjuno monthly invoice (www.byjuno.ch/byjunomonthlyinvoice/tc) are valid for the Byjuno monthly invoice. There is no right to transfer or change a Byjuno invoice to the Byjuno monthly invoice. The decision to do this is only that of Byjuno and need not be justified.
  7. Customer enquiries
      The Merchant 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.
  8. Use of your data/involvement of third parties
      You authorize Byjuno and its affiliates in Switzerland and abroad as well as third parties contracted by Byjuno to store, process and use your personal information, specifically for marketing purposes and market research.
  9. Exclusion of offsetting
      Any set-off defence against the Merchant, to which you might have a right, cannot be held against Byjuno.
  10. 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. ****