General Terms and Conditions
applicable to the TWINT pay later feature offered by SWISSBILLING
These General Terms and Conditions apply to the TWINT feature that allows to pay later, offered by SWISSBILLING SA (“SWISSBILLING”) which has its registered office at Rue du Caudray 4, CH-1020 RENENS. By choosing this method of payment, the customer accepts these General Terms and Conditions.
A. What is the TWINT pay later feature offered by SWISSBILLING?
1.1 TWINT pay later feature offered by SWISSBILLING. The TWINT pay later feature offered by SWISSBILLING (“SWISSBILLING Pay Later Feature”) is a payment solution which allows payments for purchases through the TWINT app of participating TWINT issuers with a payment due date of 30 days. The SWISSBILLING Pay Later Feature is offered by SWISSBILLING and these General Terms and Condition govern the relationship between the customer using the SWISSBILLING Pay Later Feature and SWISSBILLING. The issuer of the TWINT app of the customer is neither involved in nor liable for this service.
1.2 Payment instruction. The customer instructs SWISSBILLING to pay the merchant’s claim arising from the underlying completed transaction (purchase). SWISSBILLING has an independent claim against the customer arising from this payment contract. The claim shall be paid within 30 days after completion of the purchase and confirmation by the merchant (payment period), whereby the customer can choose within the TWINT app to either automatically debit the payment on the due date or manually authorize such a transaction.
1.3 The merchant is still the customer’s main point of contact. The merchant’s obligations, in relation to the contract of sale or any other obligations related to the order, are completely unaffected. Customers should therefore put any questions or problems relating to the performance of the agreed service to the merchant, whether these are about delivery, return of goods, the quality of the order, performance of the service, or anything else.
1.4 Customer Portal. Customers can access the customer portal of the SWISSBILLING Pay Later Feature directly through the TWINT app. In the customer portal customers can execute payments, view the payment status and the due date of the claim and interact directly with SWISSBILLING.
B. Who can use the SWISSBILLING Pay Later Feature?
2.1 Natural Persons. SWISSBILLING Pay Later Feature is generally available to natural persons with residency in Switzerland who are capable of acting and at least 18 years old.
2.2 Solvency check. For reasons of security, risk management and to prevent defaults, the SWISSBILLING Pay Later Feature is subject to SWISSBILLING’s automated internal checking process. As part of this process, SWISSBILLING checks the customer’s identity, address, solvency and that customer’s payment limit set by SWISSBILLING is not exceeded. Under no circumstances is SWISSBILLING obliged to accept a request for the SWISSBILLING Pay Later Feature. SWISSBILLING does not know or consider the customer's balance or payment limit with his/her TWINT issuer. Hence, customer's payment requests for the SWISSBILLING Pay Later Feature are checked independent of such limits. The customer is obliged to ensure that sufficient payment limit and funds are available in its TWINT App on the relevant due date of the payment to SWISSBILLING.
2.3 Requests for explanation. Customers may submit requests for explanation of the refusal of a transaction by SWISSBILLING to the following address: email@example.com. They will be asked to provide proof of identity to ensure protection and confidentiality for the required information. SWISSBILLING will provide the logic on which the decision is based and upon request, a human representative will reconsider the refusal. A reply will generally be provided within 15 days.
C. What does SWISSBILLING charge the customer?
3.1 No costs for the customer. The use of the SWISSBILLING Pay Later Feature does not incur any costs for the customer if the payment is made within the payment period.
3.2 Default. Upon expiry of the payment period, the customer is in default without further notice.
3.3 Charges for reminders. In the event of default, customers will be charged reminder fees according to the following table:
|Amount||1. Reminder||2. Reminder||3. Reminder|
|Below CHF 50||5 CHF||10 CHF||15 CHF|
|CHF 50-100||10 CHF||15 CHF||20 CHF|
|Higher than CHF 100||20 CHF||20 CHF||20 CHF|
3.4 Charges for recovery and Debt Collection Agency. Should a transaction remain unpaid after the third reminder, SWISSBILLING may assign the task of collection to a third party and has the right to assign the receivable(s) relating to the transaction in question to the said third party. In the event of transfer to a debt collection agency, the customer will be subject to the charges for processing the recovery set out in the recommendations of the Association Suisse des Sociétés Fiduciaires de Recouvrement [the Swiss association of collection companies] (inkassoverband.ch/).
3.5 Other Charges. SWISSBILLING has the right to charge the customer additional damages, services and expenses, such as:
Fee for address search: CHF 25
Fee for account statements: CHF 25
Fee for refunds (customer overpayments): up to CHF 25
D. Data protection and protection of professional secrecy
4.1 Compliance. SWISSBILLING complies with applicable laws and regulations on the protection of personal data, in particular the Federal Act on Data Protection (FADP). SWISSBILLING is to be qualified as the controller for the data processing described hereinafter. For contact details see 6.8 below.
4.5 Purposes. In substance, SWISSBILLING processes a customer’s personal data in view of the acceptance and management of its payment solution, in particular for the recovery of payments, for the administration of the business relationship with the customer, for the execution of the agreed services, for the conclusion of the contract, for answering the customer’s questions, for purposes of evaluation, improvement and development of new products as well as for marketing purposes. The customer expressly consents to SWISSBILLING sending marketing materials and advertisement related to the SWISSBILLING Pay Later Feature, inter alia, by electronical means (e.g. email, SMS) and the customer may withdraw its consent at any time via email to firstname.lastname@example.org
4.6 Automated Decisions. In order to decide whether to accept or reject requests for payment submitted to it, SWISSBILLING undertakes a computerized assessment using data related to the customer and the order. In case of a rejection the customer may request a human representative to reconsider the decision.
4.7 Sharing. As payments will be processed through the TWINT scheme, TWINT AG and the issuer of the customer's TWINT App have access to payment related information (including payment status, transaction history). Please refer to the data privacy policies of these parties for further details.
4.9 Email correspondence.The customer provided his/her email-address to SWISSBILLING during the registration for SWISSBILLING Pay Later Feature. The customer confirms that his/her email-address is correct and up-to-date and he/she will inform SWISSBILLING in case of any changes. The customer takes note that SWISSBILLING may send notifications and reminders as well as other content relating to the purchase by email and via TWINT app and customer consents to such correspondence. Customer takes note that email transmission via the Internet is unencrypted and unsecure. The internet is a worldwide, open network accessible to everyone.
E. Liability and Duty of Care
5.1 Exclusion of liability. SWISSBILLING, its employees or its agents cannot be held liable for any damage arising from the services delivered, particularly in the event of refusal of acceptance or the unavailability of its service to carry out an order, except in the event of gross negligence or unlawful intent in the meaning of Article 100 (1) of the Swiss Code of Obligations.
5.2 Duty of Care.Customer is obliged to adhere to all its duties of care set out in the General Terms and Conditions of the TWINT app used by him/her. In case of misuse of the SWISSBILLING Pay Later Feature, SWISSBILLING nevertheless has an independent claim against the customer arising from this payment agreement (see clause 1.2 above) except if the customer can prove that he/she adhered to all his/her duties of care.
6.2 Identity theft. When a customer reports that someone has performed a transaction using the customer’s identity, without his/her consent, it is the customer’s responsibility to file a complaint of a criminal offense with the relevant authorities, or to clearly prove the abuse of identity, with documentary evidence. The customer should then send SWISSBILLING a copy of the criminal complaint, the police report or other proof of abuse of identity for the purchase in question. Upon receipt of these documents from the customer, SWISSBILLING may decide to suspend its claims until the legal outcome of the criminal complaint is known.
6.3 Fraud or other criminal behavior. The SWISSBILLING Pay Later Feature is to be used in good faith. A customer may not use it if he/she knows, or could or should have known by paying reasonable attention that he/she would not be able to pay for the purchase within the payment period. Likewise, a customer is prohibited from using different identities to place or attempt to place an order with SWISSBILLING. Such behavior may constitute an offense subject to criminal penalties. It is SWISSBILLING’s practice to report this type of behavior immediately and without further questions to the relevant criminal authorities.
6.4 Offsetting prohibition. The customer may not offset any counterclaims.
6.5 Assignment of repayment-claims. In case the customer has a repayment-claim against the merchant, the customer is obliged to ensure that the merchant repays solely via the TWINT system and - upon request of SWISSBILLING – the customer is obliged to transfer and assign (in writing) such repayment-claim to SWISSBILLING.
6.6 Changes to the General Terms and Conditions. SWISSBILLING may change these General Terms and Conditions at any time and will inform the customer about the relevant changes through electronic means. In the absence of a written objection from the customer within 30 days of such notice, the changes will be deemed accepted.
6.7 Applicable law and jurisdiction. In the event of a dispute, Swiss law will apply exclusively. Jurisdiction lies with the courts of Zurich, subject to mandatory jurisdictions.
6.8 If the customer has any questions, he/she can contact SWISSBILLING SA at Rue du Caudray 4, CH- 1020 Renens, email@example.com, 058 226 11 11.