General Terms and Conditions of Availabill AG
for “Purchase on account” and “Purchase in installments” (“KaR” for short)

Status December 2024

1 Scope and acceptance of the GTC

These General Terms and Conditions (GTC) govern the contractual relationship between you and Availabill AG, Hagenholzstrasse 85a, 8050 Zurich (hereinafter “Availabill”), if you select the payment methods “Shopper on account” or “Shopper in installments” (together “KaR”) from the Merchants.

By selecting one of these payment methods either by clicking on it in the online store or by signing the sales receipt in the Merchants branch, you accept the current version of Availabill’s GTC in addition to the Merchants GTC. The version that applies is the version that is stated on the website or in Availabill’s documents at the time of Shopper.

2 Available payment methods and conditions

Depending on the Merchants, various payment options are available to you either in the online store or in the Merchants’ store:

a) “Purchase on account”: The entire invoice amount is due in full and without deductions within 30 days of the invoice date. No interest or other fees will be charged if payment is made on time.

b) “Shopper in installments”: The installment models and conditions vary depending on the Merchants and include:

• b1. Installment plan 3/3 for private customers (B2C) Payment of the total amount in 3 equal installments within 3 months. The installments are due no later than the dates indicated on the invoice or payment slips.
• b2. installment plan 4/12 for corporate customers (B2B) Payment of the total amount in four equal installments within 12 months. The installments are due no later than the dates indicated on the invoice or payment slips.
• b3. Interest-free installment models for private customers (B2C) and corporate customers (B2B) Interest-free installment models are available and the number of installments may vary depending on the dealer’s offer. The number and amount of installments will be displayed at the time of purchase. The respective installments must be paid by the dates indicated on the invoice or payment slips at the latest.

For the “KaR” payment methods, in addition to the price for the goods and/or services, you must pay additional invoicing and processing fees as well as VAT and, in the case of installment purchases, the corresponding interest.

Information on effective fees and interest for the “KaR” payment methods can be found in the information (in particular the GTC) of the merchant and also in the table of fees in section 13 below. In any case, Availabill is entitled to charge a processing fee of up to CHF 24 for “purchase in installments” in accordance with section 2.b1 (installment plan 3/3 for private customers) in accordance with the fee table in section 13.

3 Customer base, verification and credit check

The “KaR” payment methods are available to natural and legal persons of legal age who are resident or domiciled in Switzerland or Liechtenstein. The billing and delivery addresses must match.

Availabill and the Merchants carry out their own address and credit check before approving the payment method. For this purpose, Availabill relies on the information you provide. On the other hand, you authorize Availabill to obtain, exchange and check all information necessary for checking your creditworthiness and for processing the payment method, in particular from credit agencies such as CRIF AG/Zurich, the Central Office for Credit Information (ZEK), the Information Office for Consumer Credit (IKO), authorities, employers or other suitable information and information offices, and to report to other offices if required by law. In particular, the payment modalities and amount as well as your master data (e.g. name, address or date of birth, see our  Data protection declaration section 1.2). You acknowledge the right of the ZEK and the IKO to provide their members with information about the data reported. You also agree that your data may be stored for the purposes mentioned. Availabill reserves the right to refuse you the “KaR” means of payment. A reason is not required.

As a customer, you are not permitted to present yourself to Availabill under different identities. Under certain circumstances, such conduct may constitute a criminal offense. In the event of misuse (even if suspected), Availabill may report this to the competent law enforcement authorities and charge a flat-rate expense allowance of up to CHF 200 in accordance with the fee table in section 13.

4 Invoicing, payment and default

Your invoice will be sent to you by e-mail to the e-mail address provided. You are obliged to check your e-mails regularly (including the spam folder) and to respond in good time.  Please inform Availabill immediately of any changes. You are responsible for the accuracy of your e-mail address; Availabill accepts no liability for incorrect information. If you provide an invalid e-mail address, Availabill may send the invoice(s) and any reminders by post for a fee.

Check the invoice upon receipt and report any discrepancies, in particular misuse, to Availabill immediately by telephone or in text form within 30 days, otherwise the invoice shall be deemed to have been approved. 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 expense allowance of up to CHF 200 in accordance with the fee table in section 13.

The invoice amount or the installments must be paid by the date stated on the invoice at the latest. In the event of default, interest on arrears shall also be charged on the outstanding amount in accordance with the table of fees in Section 13 (unless otherwise specified). Availabill is also entitled to charge reminder fees of up to CHF 30 per reminder in accordance with the fee table in Section 13.

If you do not make the payments by the respective due date (expiry date), you will be in default without any further reminder. Both the Merchants and/or Availabill may withdraw from the “purchase on account” or “purchase in installments” or demand immediate repayment of the entire outstanding debt. In the event of withdrawal, you are obliged to return the purchased item immediately and at your own expense.

If payments are not made despite reminders, Availabill may hand over the claim to a debt collection agency for collection. In this case, you will be charged additional collection fees based on the default damage table of the debt collection association “Inkasso Suisse” (see  https://inkassosuisse.ch/wp-content/uploads/2022/11/20221128-Glaeubigerschaden_extern.pdf). Availabill charges an additional dossier assignment fee of up to CHF 40 in accordance with the fee table in section 13.

All payments are first offset against existing interest claims, then against fees and finally against the basic claim.

5 Prohibition of offsetting

If you have a claim against the Merchants, you cannot offset this against the payment to Availabill. The obligation to pay Availabill remains in force even if you assert claims, complaints or reclaims against the Merchants.

6 Assignment of the claim to Availabill (assignment)

If you select the “KaR” payment method, the Merchants assigns the purchase price claim to Availabill and Availabill processes the entire payment. You are therefore only obliged to pay Availabill in full.

Depending on the merchant agreement, the assignment shall take place either at the time of invoicing or at the time of collection and shall be deemed to have been completed upon receipt of the relevant documents and data.

7 Retention of title

Ownership of the goods shall remain with the Merchants until all outstanding receivables from the Shopper have been paid in full. If payment is not made, the Merchants has the right to reclaim the goods and, if necessary, to enter a reservation of title in the relevant register.

8 Complaints and refunds

Complaints or claims regarding the goods or services purchased (including delivery times and quality) must be addressed directly to the Merchants. The existence of complaints does not release you from the obligation to pay Availabill.

You can contact Availabill for all questions regarding the invoice and installment plan. The contact details can be found on the invoice.

In the case of refunds due to cancelations or returns, the refund will be made by Availabill to the bank account specified by you. In the event of erroneous overpayments, a processing fee of CHF 20 may be charged in accordance with the fee table in section 13.

9 Data protection and use of data

Availabill assumes the merchant’s purchase price claim by assignment within the scope of the payment methods “purchase on account” and “purchase in installments” (together “KaR”) and is responsible for processing the associated data.

9.1 Data categories and purposes of use

Your data will be used for the following purposes:

• Credit check and risk assessment: Availabill and the Merchants exchange information about the purchase request, Shopper, payment status, late-payments and credit codes in order to facilitate the ordering process and check possible risks. This information is used to make decisions about granting the “KaR” payment methods.
• Data for contract processing: The data provided by you, such as personal data, Shopper, invoice and payment data, are processed by Availabill and the Merchants for the purpose of processing the purchase and payment services. This data includes in particular your name, address, payment details and your purchase history.
• Creditworthiness database: Availabill is entitled to include your data in an internal creditworthiness database and to use it in the creditworthiness and risk assessment for payment methods offered by Availabill such as “purchase on account”, “purchase in installments” and other payment products (e.g. credit and customer cards of merchants serviced by Availabill). Data may also be obtained from or transmitted to credit agencies. You can revoke your consent to the further use of your data at any time in writing to Availabill

9.2 Data transmission and security

Your data will be processed securely in accordance with the applicable data protection provisions of the FADP and to the extent required or specified in these GTC. Availabill takes appropriate technical and organizational measures to protect your data from unauthorized access.

9.3 Your rights

You have the right to request information about your data stored by Availabill at any time, as well as the right to correct, delete or restrict the processing of your data. Further information can be found in the  Privacy policy of Availabill(https://availabill.ch/datenschutz).

10 Liability and warranty

Availabill excludes, to the extent permitted by law, any liability for direct or indirect damages, consequential damages or damages from loss of data that could arise in connection with the use of the payment methods “purchase on account” and “purchase in installments” (“KaR”). This applies in particular to damage caused by data misuse, technical faults, internet usage, malicious software or interruptions.

Availabill is also not liable if payment processing is not possible or only possible to a limited extent due to technical problems or for other reasons beyond its control.

Availabill accepts no responsibility for defects, delays or other claims in relation to the goods or services purchased. The obligation to pay Availabill remains irrespective of any claims against the Merchants.

11 Changes

Changes to the GTC may be made at any time; the current version at the time of purchase or selection of the payment method shall apply.

You undertake to inform Availabill immediately of any changes (such as change of address, change of name, etc.) or problems. You can do this by e-mail at  contact@availabill.ch or by post to Availabill AG, Hagenholzstrasse 85a, 8050 Zurich.

12 Final provisions

Swiss law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws. The place of jurisdiction shall be Availabill’s registered office, unless mandatory legal venues exist.

Should individual provisions of these GTC be invalid, unenforceable or contain loopholes, the validity of the remaining provisions shall remain unaffected. In such a case, a provision shall come into force that comes as close as possible to the economic purpose of the invalid clause.

13 Fee table

Copy of invoice by post (on request, per dispatch incl. post office fee)	CHF 4.90
Conversion of individual invoice to installment plan (3/3) for private customers	CHF 24.00
Address and payment research	CHF 20.00
Refund for overpayment*	CHF 20.00
Forwarding goods returns	CHF 25.00
Expense allowance for investigations and proceedings in the event of abuse/suspicion (see section 3 para. 3 and section 4 para. 2)	CHF 200.00
Installment interest (installment plan 3/3) / interest on arrears	14.9 % p.a.
Reminder fees (per reminder)	CHF 30.00
Dossier assignment fee	CHF 40.00

*Not in connection with product returns, product defects or product recalls

The fees stated are maximum amounts. Availabill reserves the right to deviate from this, to waive the fees in whole or in part.