GENERAL TERMS AND CONDITIONS FOR THE HEIDIPAY DEFERRED PAYMENT SERVICE
These General Terms and Conditions ("GTCs") apply to the Deferred Payment Service (the "Deferred Payment") granted by the seller (the "Seller/s") to the customer (the “Customer/s”) for the payment of the sales price of various goods and/or services.
The Customer acknowledges that the Deferred Payment forms an integral and substantial part of the Contract of Sale of the good/service offered by the Seller through the online platform (the "Platform") of Heidi Pay Switzerland AG, 8 rue du Nant 1207 Geneva, Switzerland (“HEIDIPAY”, “HPS” or “the Assignee”).
By choosing to pay by Deferred Payment, the Customer accepts these GTCs. The Customers further acknowledges the Privacy Notice of HEIDIPAY, which is available at the following address: https: //www.heidipay.com/it-ch/privacy-policy/.
By accepting these GTCs, the Customer takes notice of the assignment by the seller to HPS of the claims arising from the Contract of Sale of the goods/services, including principal and ancillary costs, administration and delivery costs as well as late payment fees agreed between the Merchant and the Customer (the "Assignment").
By reason of the Assignment, the Customer may validly and definitively fulfil his/her obligations by paying the respective amounts only to the Assignee (and not the Seller). If the Sales Contract with the Seller is revoked or terminated for other reasons so that you do not owe the Seller, these GTCs will also lapse without further ado. Any instalments and/or advance payments already paid to HEIDIPAY will be refunded to you.
The Contract of Sale is concluded exclusively between the Seller and the Customer, HEIDIPAY is not a party to the Contract of Sale. Subject to the provisions of the General Terms and Conditions of the Contract of Sale, the Seller remains responsible, at all times, for the management of the relationship with the Customer and in the event of any requests that the latter may make with regard to the goods (for example, with regard to the characteristics of the goods themselves, delivery times, shipping, returns, complaints, revocations, objections and credit notes) or the services.
The Federal Law on Consumer Credit (FLCC) is not applicable to the Deferred Payment Service.
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- Operation of Instalment purchases
When concluding a Contract of Sale with a Seller via the Platform, the Customer may opt for the Deferred Payment Service.
By opting for Deferred Payment Service, the Customer accepts these GTCs, and agrees to pay HEIDIPAY the full amount of the sale price of the goods and/or services, including principal and ancillary costs, administration and delivery costs as well as late payment fees agreed between the Seller and the Customer (the "Purchase Price"), in several periodic instalments (each of which constitutes an "Instalment"). By accepting the GTCs, the Customer also agrees that HEIDIPAY will charge the instalments to his/her credit or debit card (the "Card") through the payment service provider, according to the payment plan defined with the Customer (the "Plan") at the time of checkout on the Platform (the "HEIDIPAY Checkout"). In the case of payment by invoice with QR Code, the Customer agrees to the periodic sending of these invoices by mail (or other instrument), committing to respect the deadlines agreed upon during checkout and communicated in the welcome email.
At the HEIDIPAY Checkout, the Customer selects the method of payment of instalments from several options such as Card or QR code invoice. No pre-printed payment slip will be issued to the Customer.
By choosing payment by Card, the Customer agrees and authorises that HEIDPAY will charge the Instalments (the "Monthly Instalments") to the Customer's Card. The Monthly Instalments are due on the following days of the month: day 1, day 8, day 15, day 25, provided that at least 30 days have elapsed since the conclusion of the Contract of Sale, and thereafter on the same date.
By choosing payment by invoice with QR Code, payment of the first Instalment will be requested on either day 1, day 8, day 15, or day 25, provided that at least 30 days have elapsed since the date of conclusion of the Contract of Sale, for instalments subsequent to the first instalment, payment will always be requested on the same day of each month.
- Customer Portal
In order to facilitate the use of the Deferred Payment Service, HEIDIPAY provides the Customer with a username and password to access the Customer Portal (the "Customer Portal") on the Platform, within which the Customer may, at any time (i) monitor the status of his Payment Plan as well as the Instalments already paid; (ii) proceed to change the Card; (iii) make advance payments (as defined below); and (iv) view and download the most recent version of the GTCs which are and will be at all times also available on the HEIDIPAY website (www. heidipay.com/en-ch/).
- Card and identity
The Customer certifies that he/she is the holder and beneficiary of his/her Card, that the Card is registered in his/her name and that he/she will not contest the payments debited, as long as the payments correspond to the Schedule. The Customer is required to provide HEIDIPAY with correct and up-to-date personal information.
- Automatic selection filter
By accepting these GTCs, the Customer also accepts that some of his/her personal data may be used and processed for the purpose of verifying the Customer's solvency and performing the anti-fraud checks necessary to approve or reject an installment purchase request (the "Selection Filter"). If the Selection Filter rejects the Instalment Purchase request, the Customer must select an alternative payment method to purchase the desired goods and/or services. With regard to the protection of the Customer's personal data, please refer to the Privacy Notice available on the HEIDPAY website (www.heidipay.com/it-ch).
- Advance payment
The Customer may, at any time, make advance payments by clicking on the "prepayment" button on the Customer Portal ("Advance Payment"). The amount paid in advance will be deducted from the outstanding balance of the Payment Plan and the remaining amount due will be automatically adjusted.
- Refusal of payments or charges due/ late payments
If the Customer has chosen the Card as the method of payment of Instalments, and if the issuer of the Customer's Card refuses to charge a monthly Instalment, the Customer acknowledges and accepts that HEIDIPAY may, at its sole discretion, make new charge attempts, repeating the operation once a day.
In case of non-payment by the agreed due date (late payment), HEIDIPAY:
(i) will automatically send reminders of late payment by mail and/or text message (SMS);
(ii) reserves the right to have the Customer's data and details of the amounts due and unpaid relating to the Payment Plan contacted and transmitted to an external service company for reminder activity ("Credit Reminder Company");
(iii) reserves the right, at its sole discretion, to forward the Customer's data and details of the amounts due and unpaid relating to the Instalment purchase to a debt collection agency ("Debt Collection Agency").
If the Customer is in arrears on four or more monthly Installments and such unpaid Installments amount represent at least 10% of the outstanding balance of the Purchase Price, HEIDIPAY may exercise the assigned right agreed in the Contract of Sale to require immediate payment of the full amount of the outstanding balance in addition to late fees and any legal fees.
- Lates fees in case of late payment and administration costs as agreed in the Contract of Sale
In the event of a late payment, the Customer acknowledges and accepts that he/she will be charged the following fees as agreed in the Contract of Sale and assigned to HEIDIPAY:
(i) 0 CHF for the first reminder by phone call or mail or text message;
(ii) CHF 0 for the second reminder by call or mail or text message;
(iii) CHF 15 for the third reminder by call or email or text message;
(iv) CHF 30 for the fourth reminder by call or email or text message.
If the Customer is in arrears for more than 59 days, the Customer will additionally be charged the following costs as agreed in the Contract of Sale and assigned to HEIDIPAY:
(i) costs for the transfer to a debt collection agency up to 6% of the amount of the claim, in each case with a minimum contribution of CHF 30;
(ii) additional costs according to the fee schedule of Inkasso Suisse.
HEIDIPAY reserves the right to accept the Customer's request to change the payment date of the Instalments.
- Liability
The Seller is and shall remain exclusively liable to the Customers for all obligations arising from the Contract of Sale.
- Various
The Customer agrees, acknowledges and accepts that HEIDIPAY is entitled to communicate directly or through professional operators, including domestic and foreign operators (e.g. debt collection agencies) and to remind and solicit the Customer by mail and/or SMS (or by other means if the Customer does not respond to the reminder by mail and/or SMS), for a period of five (5) years starting from the initial payment or in case of payment by invoice with QR code from the date of the Contract of Sales.
If any provision of these GTCs is found to be invalid and ineffective for any reason whatsoever, it shall be replaced by the provision having the legal and financial effect that is as similar as possible to that of the provision found to be invalid. The remaining GTCs shall remain in force.
These GTCs shall be governed by Swiss law. Disputes arising out of or in connection with these GTCs, in particular those concerning the conclusion, validity, amendment, termination or cancellation of these GTCs, shall be subject to the jurisdiction and competence of the courts of the Customer's place of residence in Switzerland.
