GTC of availabill AG on “purchase on account” and “purchase by instalments” (short “PoA”)
Version 1.3 from 14th December 2020
Availabill AG enables the merchant to offer different payment methods.
These General Terms and Conditions of availabill AG apply to the means of payment offered via the merchant in accordance with the payment options listed below, hereinafter together referred to as “PoA”. By choosing the respective selected means of payment you accept that you agree with these GTC. In each case the version of the GTC valid at the time of purchase applies.
You have the possibility of different payment options at the time of purchase, which may vary depending on the merchant:
a) «Purchase on account»: Payment of the entire invoice amount within 30 days of the invoice date.
b) «Purchase by instalments»:
- b1. 3/3 instalment plan for private customers (B2C): You pay the total amount in 3 instalments within 3 months. The respective instalment amount is to be paid by the payment date stated on the respective invoice at the latest.
- b2. 4/12 instalment plan for private customers (B2B): You pay the total amount in 4 instalments within 12 months. The respective instalment amount is to be paid by the payment date stated on the respective invoice at the latest.
- b3. Interest-free instalment models for private customers (B2C) and corporate customers (B2B): You will receive an interest-free instalment payment option. The number of instalments is effectively indicated in the selection and can vary depending on the merchant’s offer. The instalments listed at the time of payment shall apply. The respective instalment amount is to be paid by the payment date stated on the respective invoice at the latest.
In the case of payment methods b.1 and b.2 as well as in the case of a payment arrears of all offered payment methods (default), you will be charged interest at the applicable annual interest rate on the outstanding invoice balance until full payment is made (see also section 6 below). Unless otherwise stated, the effective annual interest rate is 10%. All payments are first offset against the existing interest receivable and fees and basic claim are repaid in succession.
2. Customer group
The payment methods “PoA” are exclusively directed at capable private persons, legal entities and companies with residence/registered office in Switzerland or Liechtenstein, whereby the invoice and delivery addresses must be identical. Invoicing and payment collection are handled by availabill AG, Hagenholzstrasse 85a, 8050 Zurich (hereinafter referred to as “availabill”), which is also the exclusive contact for all questions regarding the invoice or the instalment plan.
3. Payment function and use of the means of payment
You as a customer can make and authorise purchases as follows:
In the merchant’s online shop by clicking on the appropriate payment method, entering the required and correct information and accepting the General Terms and Conditions.
At the merchant’s store by providing the required and correct information and signing the sales receipt.
If you choose “PoA”, you pay the goods and/or services in question to availabill. When you purchase goods, the GTC or the contractual conditions of the merchant from whom you purchased the goods or service apply. You acknowledge all purchases authorised in the above manner, the correctness of the amount and the resulting debt to the merchant.
As a customer you are not allowed to approach availabill with different identities. Under certain circumstances such behaviour may constitute a criminal offence. In the event of fraudulent behaviour, availabill reserves the right to report cases of this kind immediately, without further enquiry, to the relevant law enforcement authorities and to charge a flat-rate compensation for expenses of up to CHF 200.
4. Address and credit assessment
In connection with the provision of the payment option “purchase on account” and “purchase by instalments”, the merchant and availabill carry out address verification and credit checks. In doing so, they will rely in particular on the information you provide and will also take information from third parties into account. You agree that both merchants and availabill may request, obtain and exchange address and creditworthiness information from credit agencies (e.g. ZEK, IKO, CRIF) for this purpose and may check the order request and customer data against this information obtained and against the existing creditworthiness databases of availabill. availabill reserves the right to refuse you the payment option “purchase on account” or “purchase by instalments”. A justification is not necessary.
5. Terms of payment
For the payment methods “purchase on account” and “purchase by instalments”, in addition to the price of the goods and/or services, additional invoicing and processing fees as well as VAT and, in the case of purchase by instalments, the corresponding interest are payable by you. Please refer to the merchant’s GTC for information on fees and interest.
The invoice delivered on the basis of the payment method “purchase on account” is due for payment without deductions within 30 days from the date of issue of the invoice.
The payment of the respective instalment amount for the payment method “purchase by instalments” must be made by the payment date stated on the respective invoice at the latest.
Availabill AG will send your electronic invoice to the e-mail address you provided when you placed your order. If you do not receive an e-mail from availabill AG in your e-mail inbox in the case of an electronic invoice, please check your spam or phishing folder as part of your duty of care and cooperation. We assume no liability for incorrect or faulty e-mail information on your part.
Upon receipt of the invoice you are obliged to check it promptly and to contact availabill customer service immediately by telephone or in writing in the event of any discrepancies, especially misuse. In the event of unjustified reports of misuse and/or incorrect or missing information in the complaint procedure, availabill reserves the right to charge a flat-rate compensation for expenses of up to CHF 200.
6. Default of payment
If you do not make the payments by the respective due date (maturity date), you are in default without further reminder. For each reminder, reminder fees of max. CHF 30 as well as interest will be charged on the outstanding amount in accordance with the separate overview of fees in the merchant’s GTC, but at least the amount mentioned in section 1 above, and these are to be paid by you in any case.
All further expenses and outlays of availabill in connection with the collection of outstanding amounts, especially fees for the transfer of the claim to a collection agency as well as the collection costs incurred, are to be paid by you. In case of default, availabill is entitled to transfer the claim to a third party for collection. When the collection is handed over, availabill will charge you collection expenses in accordance with the table of damages caused by default of the Association of Swiss Debt Collection Agencies (Verband der Inkassotreuhandinstitute), which can be viewed at www.vsi1941.ch.
If you are in arrears with payments, the merchant and/or availabill can withdraw from the “purchase on account” or “purchase by instalments” or make the entire outstanding balance immediately due for repayment. In case of withdrawal you are obliged to return the purchased item immediately and at your expense.
7. Refund fee
In the event of an erroneous overpayment, an administrative handling fee of at least CHF 20 will be charged for the refund, except in the case of credits related to a defective product or product recall.
8. Assignment of the claim to availabill (cession)
If you select “PoA” as your means of payment in the online shop or at the point of sale, the merchant assigns the purchase price claim to availabill. The assignment takes place at the time of invoicing and is considered to be completed with the receipt of the relevant documents and data. availabill takes over the claim against you and handles the complete payment. You therefore only undertake to pay availabill in a discharging manner.
Depending on the individual merchant contract, the assignment can also take place at the time of the collection transfer.
9. Retention of title
Ownership of the purchased item remains with the merchant until all outstanding claims from the purchase made have been paid in full (retention of title) and can be entered in the appropriate register.
10. Customer inquiries
The merchant remains solely responsible for your customer concerns (in particular for inquiries about shipping and delivery times, returns, complaints and revocations).
For all questions regarding the invoice and the instalment plan you can contact availabill. The contact details can be found on the invoice.
11. Complaints and returns
Complaints about defective goods and/or services as well as returns are to be settled by you exclusively directly with the merchant. The existence of such disputes does not release you from the obligation to pay the invoice or the total value of the disputed purchased item.
In the case of returns of goods purchased via “purchase on account” or “purchase by instalments”, which are recognised and granted by the shop, the refund will be made to the bank or post office account designated in your name, which has to be specified by you.
A plea of set-off, which you may have against the merchant, cannot be held against availabill.
13. Data use and protection
You acknowledge that availabill takes over the claim against you from the merchant when invoicing by means of assignment (cession) and thus processes your data.
You also agree that the data associated with the means of payment “purchase on account” and “purchase by instalments” and available to the merchant and availabill, including personal data, purchase, invoice, payment and collection data, may be used by both the merchant and availabill for the processing of the purchase and for their own purposes.
Availabill is also entitled and you agree to include this data in their own creditworthiness database and to use it for other purposes of availabill, including the use for credit checks for the means of payment “purchase on account”, “purchase by instalments” and for customer and credit cards issued by availabill or operated by availabill on its own behalf as well as for third parties (e.g. online shops).
You also acknowledge and authorise availabill to disclose information about your payment status to the merchant at any time, including late payments, credit code and measures taken. You allow the merchant to use this information for his own purposes.
You can revoke your consent to the use of your data for further purposes by availabill or the merchant at any time by written notification to availabill and/or the merchant.
Availabill reserves the right to change these GTC at any time. The current GTC of availabill for “purchase on account” and “purchase by instalments” apply at the time of purchase and choice of the payment method “PoA”.
You undertake to inform availabill immediately of any changes (such as change of address, name, etc.) or problems. You can do this by e-mail to firstname.lastname@example.org orpby mail to availabill AG, Hagenholzstrasse 85a, 8050 Zürich erledigen.
15. Final provisions
On the part of availabill the liability and warranty are excluded, as far as legally permissible. Should individual provisions of these GTC be invalid, unenforceable or contain loopholes, the validity of the other provisions shall remain unaffected. The invalid, unenforceable or missing provisions shall be replaced by a provision whose effects come closest to the economic objectives of the parties. These GTC are subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods.