General Terms & Conditions for the ‘Byjuno invoice’ from Byjuno AG
General provisions
These General Terms & Conditions (hereinafter: ‘GTC’) govern the legal relationship between you and Byjuno AG (Industriestrasse 13C, 6300 Zug, Switzerland, hereinafter: ‘Byjuno’) concerning the ‘Byjuno invoice’ (hereinafter: the ‘payment option’).
By applying for the payment option, you confirm that you have read and understood the terms and conditions and agree to them.
The payment option is available to natural persons with capacity to act on their own account who reside in Switzerland or Liechtenstein and to legal entities domiciled in Switzerland.
You must have a Swiss bank account in order to fulfil the payment obligations under this contract.
Identity and credit check
A positive identity and credit check is required before the contract for the ‘Byjuno invoice’ can be concluded between you and Byjuno.
The identity and credit check will be performed by Intrum AG.
Your personal data will be processed in compliance with the provisions of section 9.
Claims arising from purchase and/or service contracts
You agree that you will pay to Byjuno all claims, plus any interest and fees, resulting from purchases from affiliated merchants for which you have chosen the payment option.
The merchant assigns its claim from the underlying transaction (purchase and/or service contract) to Byjuno. The assignment of the claim by the merchant and the issuing of an invoice by Byjuno does not result in novation.
The purchase and/or service contract concluded between you and the merchant is formed exclusively between you and the merchant 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 merchant etc. (hereinafter ‘claims and objections’) must be addressed exclusively to the merchant. Claims and objections against the merchant 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, except for credit notes confirmed by the merchant to Byjuno.
If you fail to notify us immediately of any change of address, we will charge you CHF 30 for address research.
Any returns of goods must be made to the merchant. Goods returned to Byjuno will be forwarded to the merchant at cost. A processing fee of CHF 25.00 may apply for processing and forwarding.
Payment terms
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. Alternatively, you can request delivery of the invoice(s) by post, which will incur a corresponding charge of CHF 3.95 per sending.
The payment period is 30 days from the invoice date.
In addition to the price of the goods, for business customers (B2B) we charge an administration fee of up to CHF 5.00 per invoice.
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 11.9% 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. You agree that you will pay Byjuno the following amounts (in CHF) for debt collection services provided by a third party based on the amount of the claim concerned: 37.00 (up to 19); 58.00 (up to 59.00); 145.00 (up to 399.00); 225.00 (up to 999.00); 285.00 (up to 1,999.00); 385.00 (up to 2,999.00); 575.00 (up to 4,999.00); 685.00 (up to 6,999.00); 825.00 (up to 9,999.00); 1,375.00 (up to 19,999.00); 2,600.00 (up to 49,999.00); 6% of the receivable (from 50,000.00). 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.
Refunds
Any refunds that are not related to a return of goods, product defect or product recall and were caused by you may be subject to a processing fee of CHF 25.00.
Communication
Communication between you and Byjuno will generally take place via www.byjuno.ch and by email.
You expressly authorize 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).
At your express request, invoices and reminders can also be sent to you by post (see 4.1).
Contract term and termination
This contractual relationship will end on full settlement of the outstanding amount.
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. If you move abroad, the outstanding total amount is due immediately.
Credit check, authorisation to provide information, data processing in Switzerland and abroad
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 merchant invoice (especially purchase amount and product category) and information on your purchasing and payment history.
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.
You agree that Byjuno may transfer this data to (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.
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.
When handling data, Byjuno adheres to the applicable data protection act.
Exclusion of liability
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 merchant 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.
Any liability or warranty claims are against the affiliated merchant 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 merchant (see section 3.2). A set-off defence available to you against the affiliated merchant cannot be exercised against Byjuno.
Changes
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.
Severability
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.
Final provisions
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.
This legal relationship will be governed exclusively by Swiss substantive law.