General terms and conditions for the Heidipay instalment purchase service.
These General Terms and Conditions (“GTCs”) apply to the Instalment Purchase Service (as defined below) that HEIDI PAY SWITZERLAND SA (hereinafter “HEIDIPAY” or "HPS" or "We") - headquartered at 3, rue du Marché 1204 Geneva, Switzerland - provides to sellers of various goods (the “Seller(s)”) via the HPS online platform (the “Platform”).
In this context, customers of a Seller (the “Customer(s)”, “You” or “Your”) may opt, at the time of concluding a sales contract with a Seller (the “Sales Contract”) for a purchase service enabling Customers to acquire goods from the Seller (the “Goods”) by means of an instalment facility (the “Instalment Purchase(s)”, or together the “Instalment Purchase Service”) available through the Platform. By choosing this Instalment Buying Facility, Customers agree to these GTCs as well as to the data protection provisions incorporated by reference in these GTCs. Customers further consent to the processing of their personal data in accordance with HeidiPay's data protection provisions, which are available at the following address: https://www.heidipay.com/en-ch/privacy-policy/.
The Instalment Purchase Service thus allows Customers to pay for their purchases (online or offline) by Card (as defined below), in instalments. Legally, the Instalment Purchase Service consists of an assignment of a claim from the Seller to HEIDIPAY (the “Assignment”) so that HEIDIPAY's role is thereafter limited to collecting the price of the Goods in instalments from a Customer, after HPS has acquired the claim that the Seller had against the Customer (the “Claim”). Following the Assignment, the Customer may only validly and definitively discharge its obligation to pay for the Goods by paying the Instalments (as defined below) to HEIDIPAY (and not to the Seller).
The Seller shall nevertheless remain the Customer's main contact. The Sales Contract is concluded exclusively between the Seller and the Customer, to the exclusion of HEIDIPAY. According to the terms and conditions of the Sales Contract, the Seller remains responsible at all times for the management of the Customer relationship and for any requests that the Customer may make in connection with the Goods (e.g., concerning the characteristics of the Goods, delivery times, dispatch of the Goods, returns, complaints, revocations and oppositions as well as credit notes).
The Instalment Purchase Service is not subject to the Federal Consumer Credit Act (CCA/LCC).
* * *
- Operation of Instalment Purchases
When concluding a Sales Contract with a Seller via the Platform, the Customer may opt for an Instalment Purchase Service.
By opting for an Instalment Purchase Service, the Customer accepts these GTCs and thereby consents to the Assignment of the Claim and undertakes to pay HEIDIPAY the full amount of the sale price of the Goods (the "Purchase Price") in several periodic instalments (each of which constitutes an "Instalment"). By accepting the GTCs, Customer also consents to HEIDIPAY debiting the Customer's credit or debit card (a “Card”) with Instalments through its payment service provider according to the payment schedule selected by Customer (the “Schedule”) at the time of the checkout on the Platform (the “HeidiPay Checkout”).
During the HeidiPay Checkout, the Customer selects the payment method among several options such as, for example, Visa and Mastercard. No pre-printed payment slip is issued to the Customer.
By opting for an Instalment Purchase Service, the Customer agrees and authorises that: (i) an initial Instalment is debited by HPS from the Customer's Card at the time of entering into the Purchase Agreement (the “Initial Instalment”) and that (ii) subsequent Instalments will then be debited from the Customer's Card on a monthly basis from the date of entering into the Purchase Agreement (the “Monthly Instalments”).
- Customer Portal
In order to facilitate the use of the Instalment Purchase Service, HEIDIPAY provides the Customer with a user name and password to access a customer portal (the “Customer Portal”) on the Platform, where the Customer may, at any time: (i) monitor the status of its Schedule as well as Instalments already made; (ii) change Cards; (iii) make Advance Instalments (as defined below) in relation to an Instalment Purchase; 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, you agree that some of your personal data may be used and processed for the purpose of checking the Customer's creditworthiness and carrying out fraud checks required to approve or decline an Instalment purchase request (the “Selection Filter”). If the Selection Filter rejects your request for an Instalment purchase, an alternative payment method must be selected by the Customer in order to purchase the desired Goods(s). With regard to the protection of your data, please refer to the data protection provisions available on the HeidiPay website (www.heidipay.com/en-ch).
The Customer may, at any time, make advance payments by clicking the “prepayment” button in the Customer Portal (“Advance Payment”). The amount paid in advance as a prepayment will be deducted from the remaining balance in the Schedule and future Instalments will be automatically adjusted.
- Refusal of debit payments due / late payments
In the event that the debiting of a monthly Instalment is refused by the Customer's Card issuer, the Customer agrees and acknowledges that HEIDIPAY may, at its sole discretion, make new attempts by repeating the transaction once a day. In the event of refusal, HEIDIPAY will automatically send the Customer a reminder by email and/or SMS in order to remedy the problem by asking the Customer to (i) change the Card by logging into the Customer Portal or (ii) increase a limit and/or the necessary funds so that the Payment(s) corresponding to the Schedule are made as soon as possible. HEIDIPAY is entitled, at its sole discretion, to charge the outstanding amount of the balance of the Purchase Price directly to the Customer's Card if the Customer does not resolve the matter within 30 days of the first refusal by the Customer's Card issuer.
If a Payment due remains unpaid for more than 59 days, HEIDIPAY is entitled, at its sole discretion, to transfer the Customer's data and the relevant Instalment Purchase to a collection agency (“Collection Agency”) for the purpose of collecting the Purchase Price. In the event of repeated non-payment by the Customer, the Claim for the amount of the full or remaining Purchase Price owed by the Customer may be assigned or sold to the Collection Agency for collection, and the Customer hereby consents to HEIDIPAY assigning the Claim it holds against the Customer in such circumstances.
- No interest or costs, subject to recourse to a Collection Agency
The Customer shall not be charged any interest or costs in connection with the payments of the Instalment Purchase, subject to costs related to the use of a Collection Agency and other costs caused by a delay in payment by the Customer of more than 59 days. HEIDIPAY may charge the Customer the following fees:
(i) costs for the transfer or assignment of the Claim to a Collection Agency up to 6% of the amount of the Claim with a minimum fee of CHF 30 in any case; as well as
(ii) additional fees in accordance with the fee schedule of Inkasso Suisse.
The Seller is and shall remain exclusively liable to the Customers for all obligations under the Sales Contract.
The Customer agrees and acknowledges that HEIDIPAY is authorised to communicate with the Customer directly and to solicit the Customer by e-mail and/or SMS (or by other means if the Customer does not respond to the solicitation by e-mail and/or SMS), within five (5) years after the initial Payment.
If any provision of these GTCs is found to be invalid or ineffective for any reason, such provision shall be replaced by a provision having legal and financial effect as close as possible to that of the invalid provision. The rest of the GTCs shall remain in force.
These GTCs are subject to Swiss law. The courts of the Republic of the Canton of Geneva shall have jurisdiction over any disputes arising from or in connection with these GTCs, in particular regarding the conclusion, validity, amendment, termination or cancellation of these GTCs.