General terms and conditions for the "Byjuno monthly invoice" of Byjuno AG ("Terms and conditions") at SBB ("Merchant") – valid from September 1st 2017

These terms and conditions are the terms and conditions of Byjuno AG ("Byjuno") for the "Byjuno monthly invoice". With the choice and use of the " Byjuno monthly 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 monthly invoice?
    • 1.1 In collaboration with the Merchant, Byjuno enables the payment mode of Byjuno monthly invoice 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.
    • 1.2 If you select the Byjuno monthly invoice, you will pay directly and exclusively to Byjuno all the services purchased at the merchant during the month in following month, according to point 3 below. The terms and conditions of the Merchant, from whom you purchased the goods and services, apply to the purchase.
    • 1.3 You enter into a direct contractual relationship with Byjuno with the registration.
    • 1.4 When you register, you will receive a credit limit from Byjuno. Byjuno is authorized to allow purchases up to 10% above the currently valid credit limit.
  • 2. Credit check & assignment of the purchase price claim
    • 2.1 Intrum AG checks your credit standing before and/or during the registration/purchase at the merchant.
    • 2.2 If you choose the Byjuno monthly invoice, the merchant assigns the purchase price claim to Byjuno.
    • 2.3 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.
    • 2.4 As long as Byjuno has an outstanding claim against you, address changes are to be communicated to Byjuno without any delay.
  • 3. Payment period & payment terms
    • 3.1 The amount invoiced must be received by Byjuno within the payment period of 30 days. 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. For legal reasons, Byjuno does not grant any extensions of payment deadlines.
    • 3.2 If you are in default of payment, Byjuno can hire a debt collection company in Switzerland or abroad or assign the claim.
    • 3.3 Incoming payments are always posted to the oldest still outstanding invoice.
  • 4. Interests and fees
    • 4.1 A fee of CHF 2.50 is charged per postal sending in paper form.
    • 4.2 The post office fees for cash payments at the post office counter are charged to you in accordance with the current postage tariff (www.post.ch). These fees are also due if no new purchases are made.
    • 4.3 In case of payment default, interest of 11.9% per year (360 days) is charged for the outstanding amount of the claim.
    • 4.4 If there are payment defaults, we first send a reminder by email and later by regular postal mail. We charge dunning fees of CHF 17.50 for the first reminder sent by regular post mail and CHF 22.50 for the second reminder sent by regular post mail. Unpaid reminder fees can be transferred to the next monthly invoice. Reminder fees are also owed if the payment is late due to transfer error caused by you (such as missing transfer execution, wrong ESR number, etc.).
    • 4.5 If you do not immediately inform us of an address change, we will charge you CHF 30.00 for address enquiries.
    • 4.6 If the email address is invalid, Byjuno can send the invoice/reminder via regular postal mail and charge you the costs for postal shipment of CHF 2.50 for each postal shipment.
    • 4.7 In case of reimbursements to you of any credit, you must notify Byjuno the bank account details (IBAN and name beneficiaries) without being requested. For any searches by Byjuno a processing fee of CHF 25.00 is due.
  • 5. Debt collection and additional fees and charges
    • The debt collection processing fee when handing over to a debt collection service provider is CHF 40.- per collection transfer. Byjuno is entitled to transfer the outstanding invoice amount(s) or the right to receive payments pursuant to these provisions to third parties. The debt collection agency is authorized to handle the claim without restrictions.
  • 6. Customer inquiries
    • The merchant is solely responsible for the customer's purchased service (in particular for requests for refunds, transfers, etc.). Byjuno is exclusively responsible for inquiries relating to the payment processing or the monthly invoice.
  • 7. Use of your data/involvement of third parties
    • When handling data, Byjuno adheres to the applicable data protection act. You authorize Byjuno and its affiliates in the home country and abroad with appropriate levels of data protection, as well as by third parties authorized by Byjuno, to ensure that your personal data is stored, processed and used exclusively within the scope of the service.
  • 8. Exclusion of offsetting
    • Any set-off defence against the Merchant, to which you might have a right, cannot be held against Byjuno.
  • 9. 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. ****
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