1. General points
1.1 These General Terms and Conditions (hereinafter "GTC") define the legal relationship between you and Byjuno AG (Industriestrasse 13C, 6300 Zug, hereinafter "Byjuno") regarding the payment option "Byjuno invoice with partial payment option" (hereinafter "payment option").
1.2 By requesting the payment option, you confirm that you have read and understood the GTC and that you accept them.
1.3 The payment option is available to natural persons exercising their civil rights who are domiciled in Switzerland or Liechtenstein, as well as legal entities domiciled in Switzerland.
1.4 In order to fulfil your payment obligations under this contract, you must have a Swiss bank account.
2. Identity and solvency check
2.1 The conclusion of the contract between you and Byjuno concerning the "Byjuno Invoice with Partial Payment Option" presupposes a positive identity and solvency check.
2.2 The identity and solvency check will be carried out by Intrum AG.
2.3 Your personal data will be processed in accordance with the terms of Article 10 below.
3. Debts from sales and/or service contracts
3.1 You undertake towards Byjuno to pay all debts resulting from purchases made from member merchants, plus any interest and costs associated with the payment option you have chosen.
3.2 The merchant assigns the debt generated by the underlying transaction (sales and/or service contract) to Byjuno. The assignment of the debt claim by the merchant and the invoicing by Byjuno have no innovative effect.
3.3 The sales and/or service agreement between you and the merchant is concluded exclusively between you and the merchant and its execution is governed by the terms and conditions agreed therein. All customer enquiries regarding the merchandise/ service, irregularities, complaints, delivery times, revocations, objections, shipments, returns, guarantees, credit notes and all objections and claims against the merchant, etc. (hereinafter referred to as "exceptions and objections") must be addressed exclusively to the merchant. Exceptions and objections against the merchant do not release you from your obligation to pay Byjuno in full. Notwithstanding such exceptions and objections, you are obliged to pay Byjuno the full amount invoiced to you. Byjuno will not refund invoices that you have already paid to Byjuno, with the exception of credits confirmed by the reseller to Byjuno.
3.4 If you do not inform Byjuno immediately of a change of address, we will charge you CHF 30.00 for the costs of the address search.
3.5 All returns must be made to the dealer. Any goods returned to Byjuno will be transferred to the retailer at your expense. A handling fee of CHF 25.00 may apply for processing and shipping.
4. Payment conditions
4.1 By default, the invoice(s) is/are sent electronically to the valid e-mail address you provided. By accepting these GTC, you confirm that you use your e-mail address for legal purposes and that you regularly check your inbox or consult and check your e-mails regularly, i.e. at a frequency appropriate to the fulfilment of your obligations under this contract, and that you react in due time. If you provide an invalid e-mail address, Byjuno may send the invoice(s) and any reminders by post and charge an additional fee of CHF 10.00 per mailing. You can also request that the invoice(s) be sent by post, incurring an additional charge of CHF 3.95 for each document sent.
4.2 The total amount (invoice amount plus interest and costs) must reach Byjuno's account within three months in the following manner:
|Payment Minimum amount in relation to the total amount due||Minimum amount in relation to the total amount due||
Payment term from invoice date
|1||10% (min. CHF 5.–)||20 days|
|3||Residual amount||90 days|
You are free to pay a higher amount or the full amount due at any time.Legal entities do not have access to the partial payment option. The term of payment for the total amount (invoice amount plus interest and charges) is 20 days from the invoice date.
5. Interest and fees (if any)
5.1 Interest of 14.9% per year is due on the total amount payable from the 20th day from the invoice date.
5.2 Apart from the first invoice, an administration fee of CHF 2.50 is charged for each invoice regardless of the type of delivery.
6. Formal notice
The expiry of the term of payment of an invoice will result in your formal notice, without a reminder being sent to you. In the event of late payment, you will owe Byjuno default interest of 14.9% per year. The first reminder is sent five days after the due date; each reminder incurs a charge of up to CHF 30. Byjuno may entrust collection to third parties and has the right to assign the invoice debt(s) to third parties. Costs in the case of transfer to a collection service provider: collection processing costs depending on the amount of the debt in CHF: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1999); 385 (up to 2999); 575 (up to 4999); 685 (up to 6999); 825 (up to 9999); 1375 (up to 19 999); 2600 (up to 49 999); 6% of the debt (over 50 000). Byjuno has the right to transfer the debt(s) to third parties or the right to receive payments in accordance with these provisions. The debt collection service provider has a right to claim directly.
7.1 A processing fee of CHF 25.00 may apply to any refund that is not related to a return, product defect or product recall.
8.1 Communication between you and Byjuno is generally via www.byjuno.ch and e-mail.
8.2 You expressly agree that Byjuno may communicate with you by e-mail (unencrypted) to the e-mail address you have provided. All messages which Byjuno sends by e-mail to the e-mail address which you have provided will be deemed to have been delivered within two working days after they have been sent (notice of delivery).
8.3 At your explicit request, invoices and reminders can also be sent to you by post for a fee (see Article 4.1).
9. Duration and end of contract
9.1 The present contract ends with the payment of the total amount due.
9.2 Byjuno has the right to terminate the contract by giving you written notice at any time and without stating reasons. In such a case, the total amount due must be paid within the period specified in the corresponding notification. In the event of a move abroad, the total amount due must be paid immediately.
10. Solvency check, authorisation to provide information, data processing in Switzerland and abroad
10.1 For the purpose of fulfilling the contract, Byjuno collects and processes the following data about you: first and last name, date of birth, residential address, telephone number, e-mail address, financial information, IP address, device ID, as well as all information on the merchant's invoice (including purchase amount and product category) and information about your purchasing and payment habits.
10.2 The identity and solvency check shall be carried out by Intrum AG. For this purpose, Byjuno shall provide Intrum AG with the contract and the information about your identity and financial situation that you provided during the application process. You are informed and acknowledge that Intrum AG is expressly authorized to process this data in accordance with its data protection policy (available at www.intrum.ch -> Data protection) and, in particular, to make it accessible to other third parties. Byjuno receives information from Intrum AG regarding your solvency, in particular information regarding your identity, financial capacity and other obligations.
10.3 You agree that Byjuno may also process the data mentioned in 10.1 above for market research and marketing purposes. You also agree that Byjuno may share this data with the following third parties in Switzerland and abroad for the following purposes: Intrum Group companies (market research and marketing) and Threatmetrix (www.threatmetrix.com) (fraud prevention). You may revoke your consent at any time by sending a written statement to Byjuno, Data Protection Officer, Industriestrasse 13c, CH 6300 Zug.
10.4 You are informed that Byjuno may outsource certain tasks, in whole or in part, in particular in the area of administration of contractual relationships (e.g. processing of applications and execution of contracts, including credit checks, correspondence, reminders and collection) in Switzerland and abroad.
11. Exclusion of responsibility
11.1 Byjuno accepts no responsibility for direct and indirect damages to the extent permitted by law. In particular, Byjuno shall not be liable for damage which may be caused if a merchant member refuses, for whatever reason, to accept payment by means of the payment option or if, for technical or other reasons, payment by means of the payment option cannot be made. Byjuno also disclaims all warranty and liability in the event of the installation of malicious software or similar on the Internet-connected device you are using. In addition, Byjuno accepts no responsability for damage caused by misuse of data, technical malfunctions or use of the Internet connection.
11.2 Any liability or guarantee claims may be asserted against the merchant member. Byjuno accepts no guarantee or responsability in this respect. In particular, any complaints regarding the goods or services purchased and any differences of opinion and claims arising from such legal transactions must be addressed directly to the merchant (see section 3.2). Any exception to compensation which you may be entitled to against the merchant member cannot be asserted against Byjuno.
12.1 Byjuno reserves the right to unilaterally modify the GTC at any time, provided that your interests are not unacceptably affected, and to adjust the (possible) charges. You will be informed of any changes in an appropriate manner (e.g. with the invoice). In addition, the current GTC can be viewed at any time at www.byjuno.ch.