General Conditions for payment on invoice (powerpay) and provisions on the protection of data
1. Foundations a. The present General terms and Conditions (GTC) govern the contractual relationship between you and MF Finance AG (am Bohl 6, CH-9004 St. Gallen, hereafter MF). b. By the choice and use of powerpay, you confirm that you have read, understood and agreed with the CG below. c. The use of powerpay is reserved for natural persons, the major, with the exercise of civil rights and benefiting from a regular income, resident in Switzerland or Liechtenstein. d. In the event that you have already signed a contract for a credit card account with powerpay and your this purchase can be associated with the existing contractual relationship, the provisions of this agreement also apply to this purchase. In the opposite case, the terms and conditions of the contract powerpay apply. e. The contract of sale regarding the good/service (the hedged item) is deemed to be concluded only between you and the seller/provider of the good/service (online shop, hereinafter referred to merchant). The realization of the contract of sale is determined according to the terms of the contract that you have with the merchant; this is why it is the only responsible for the achievement thereof, as well as general requests from the client (such as about the well, the duration of delivery and dispatch), returns, complaints, cancellations, opposition and recréditations. MF is only responsible for queries relating to the payment.
2. Payment of the purchase with powerpay MF offers, in cooperation with the merchants, the payment method " purchase on account ", as a provider of external payment, through the product powerpay. When you choose the payment method " purchase on account ", you enter into a contract-powerpay with MF and the trader sells the debt arising from the hedged item. You therefore agree to pay the sum of the purchase costs, and, if applicable, the interests, according to the grid tariff corresponding to the conditions hereinafter set forth, to MF.
3. Obligation of payment, statements of account and conditions You agree to pay all debts resulting from the purchases you made with powerpay among the retailers, including any interest and costs, according to the way billing is described below. You receive usually on a monthly basis an invoice to MF. If you have already made a purchase with powerpay, all amounts of purchases will be summarized on a single invoice MF. This allows you to have a general overview on the amounts remaining to be paid. The bill powerpay does not give rise to a novation
a. for amounts of less than CHF 500.00.
You have two options to pay your bill MF: (1) You pay the entire amount due before the deadline printed on the invoice after receipt thereof. If the total balance of the invoice is paid within the deadlines, MF waives the right to collect the annual interest (according to the schedule) on the amount billed from the date of purchase. (2) You pay part of the amount due before the end of the period of payment printed on the invoice after receipt thereof. The minimum amount is always indicated on the invoice and printed on the payment slip to the left. The use of a partial payment gives rise to the payment of an annual interest according to the tariff grid.
b. for amounts from CHF 500, You have two options to pay your bill MF: (1) You pay the entire amount due before the deadline printed on the invoice after receipt thereof. If the total balance of the invoice is paid within the deadlines, MF waives the right to collect the annual interest (according to the schedule) on the amount billed from the date of purchase. (2) You pay the entire amount due in a maximum of three consecutive monthly instalments, always before the deadline printed on the invoice after receipt thereof. The three instalments must not necessarily be equal. The minimum amount is always indicated on the invoice and printed on the payment slip to the left. The use of a partial payment gives rise to the payment of an annual interest according to the tariff grid.
c. Conditions that are independent of the amount of the invoice In case of payment at the post office, the fees charged by the post office will be passed on to the next bill. For payments by bank transfer or postal order, it will not be charged any additional fees. In addition, if the invoice is not, or not sufficiently, addressed in the time, you are in the home. In this case, fees are charged for each reminder and default interest, according to the tariff, are applied on the outstanding balance from the date of purchase. In the event of arrears of payment, MF, moreover, may claim the immediate payment of the total balance remaining, and block any future use of powerpay. Payments, including partial, are taken into account for the calculation of the interest as soon as they are recognition and first credited to the costs and interest due. For the establishment of a copy of the invoice, a lump sum in accordance with the tariff schedule will be charged to you. The monthly invoice is deemed to be recognized unless a written complaint within 10 days of its receipt. MF is authorized to adjust the interest and conditions for the future at any time upon written notice (joint, for example, a monthly invoice).
4. Duration and termination of the contract The contract powerpay is concluded for an indefinite period. It automatically ends with the payment of the entire balance before the due date printed on the invoice or with the conclusion of a contract of account-credit powerpay. MF may terminate the contractual relationship at any time and without explanation by a written communication. In this case, the total balance due is to be paid according to the deadline indicated on the invoice.
5. Prohibition of compensation You are not entitled to offset any counterclaims with claims of MF.
6. Third-party ownership and rights of transfer MF has the right to appeal to third parties for the execution of this contract. MF may also transfer or assign, partially or in whole, the contractual relationship or claims resulting from this contract to a third party. In the event of arrears of payment, if the collection is entrusted to a third party, it may result in additional charges in accordance with the fee schedule of the swiss Association of trust companies of recovery (VSI).
7. Provisions concerning the protection of data
a. Consent regarding the use of your data for The collection, processing and use of data relating to persons within the framework of the services offered by the payment service, powerpay and are necessary to allow you to make payments with powerpay. Using the payment service, powerpay, you agree that MF processing of data about you such as name, surname, address, date of birth, gender, email address and phone number in the fixed and mobile, and information relating to the history of orders and payments, such as number of articles, article numbers, amount of invoices, shipment type, shipment number, and tax percentage. These data are processed before and/or during the purchase process. The personal data are used for the purposes of the services requested, to verify the identity and solvency (this can also include obtaining third-party evaluation by, for example, centers of credit information), managing risk (including fraud prevention), to develop the services powerpay, to heal its relationship with its customers, for marketing purposes, internal statistics or analysis. MF may, for the purposes of identification or prevention of fraud, check the correspondence of your personal data with those provided by your PAY mobile operator. MF can also be used for purposes of identification of the publicly available information (e.g. on social networks) if more research is necessary to examine cases of deception or fraudulent use of benefits. It may be, among others, used data with respect to the address in the framework of the evaluation of the credit. MF may disclose the information to partner companies which can then in turn use it for the same purposes described here. MF may also, in the framework of a legal obligation, or arising out of an authority and for the exercise of his rights and for the protection of other customers MF, communicate your data. You agree that your data may be used by MF and its contractual partners for the purposes outlined above. These contractual partners may be the following companies:
• LIRA SA, Riesbachstrasse 61 CH-8008 Zurich, phone: +41 44 913 50 50 • infoscore Inkasso AG, Ifangstrasse 8, CH-8952 Schlieren, Tel.: +41 44 738 68 88 • Swisscom AG, Alte Tiefenaustrasse 6, CH-3050 Bern • Post CH AG, Wankdorfallee 4, CH-3030 Bern
b. Consent to a credit check MF checks whether it can satisfy your demand of payment by monthly invoice based on the potential risk of default of payment or if it is appropriate, in consultation with the merchant, to provide you with another means of payment. To this end, it undertakes a check of identity and creditworthiness. Are decisive for the granting of the possibility to pay by invoice the general creditworthiness and compliance with the terms of repayment. As regards this last point, you authorize MF or partner companies authorised by it to provide, or to collect all the information needed to review your creditworthiness and the execution of the partial payment; especially, to the central credit information (ZEK), the information centre for consumer credit (IKO), authorities, companies, economic information, credit intermediaries, employers, or other intelligence services, and account to other services, according to its legal obligations. Will be reported the nature, amount and terms of the credit and the applicant's contact information (name, surname, address, date of birth, nationality). You agree that your data are stored for the aforementioned purposes.
c. Withdrawal of consent You may at any time and free of charge to go back on your consent. MF is authorized, in case of withdrawal, to treat your personal data and to use them and to transmit them to the extent that it proves necessary to execute the delivery of payment agreed upon or as provided by law or an authority or a court do with the request.
d. Request for information and request for deletion You have the right to obtain free of charge information on the stored data at MF, and request the correction, blocking or deletion. MF Group / person data protection / po Box 336 / CH-9004 St. Gallen
8. Termination of the hedged item If the contract between you and the merchant (hedged item) were to be terminated or if a party were to withdraw, for example because of defective merchandise or failure to provide the service, you must immediately notify MF. In this case MF will not charge you any cost, provided that the vendor confirms the termination or cessation of the contract. Beyond 60 days, MF reserves the right to charge you any processing fees.
9. Communications and reporting obligation in the event of a change of contact data, The communications from MF are deemed validly delivered when sent to the last address you have given us in writing. You agree to notify us immediately and in writing of any change of address.
10. The amendments to the terms You are informed of the amendments by a communication (email, invoice, etc) addressed to the address specified during the purchase and/or in another way. The new general conditions are considered as accepted, if no written objection is made within 10 days after the information has been transmitted.
11. Clause of non-responsibility MF declines any responsibility in case of refusal by the merchant to accept the payment of purchases on the monthly invoice, for any reason whatsoever, or in case of impossibility to complete the purchase online for technical or other reasons. MF also declines any responsibility in case of infection by malware or other internet-connected device used for the conclusion of the hedged item or if the execution of the electronic payment would otherwise cause damage. Finally, MF declines any responsibility in case of damages resulting from the fraudulent use of the data, a technical malfunction or the use of the Internet connection.
12. Safeguard Clause If any parts or individual provisions of the contract or of these GTC should be ineffective or become or that they could not be applied, the validity of the remaining provisions shall not be affected. In this case, the parties agree to replace the provision was applicable and valid is the closest possible to the economic purpose as expressed by the provision being replaced. This also applies in substance in the case where these terms and conditions should contain a legal vacuum. 13. Applicable law and jurisdiction The present legal relationship shall be governed exclusively by swiss law. The place of jurisdiction is St. Gallen, unless otherwise provided by law. MF is authorized to sue you in any other court of competent jurisdiction.
14. Fee schedule – State September 2017 Specification Fees / Costs Specification Costs / Costs administrative Fee per invoice CHF 2.90 1st reminder CHF 15.00 annual interest Rate (partial payments and late) 14.9% 2nd reminder CHF 25.00 Fee payment PostFinance (payment in cash at the counter) see rate of the Position in force* 3rd reminder CHF 35.00 Copy of the invoice without fees Search for your address or payment CHF 16.00 Subject to changes. This offer is aimed exclusively at persons of full age, capable of discernment and who have a regular income. *
The current list price for the payment slips is valid
(www.postfinance.ch/fr/priv/prod/pay/national/inpay/detail.html) MF Finance AG, Am Bohl 6, CH-9004 St. Gallen, State September 2017