Muttenz, December 2020
a) Any notices from Valora Schweiz AG, Hofackerstrasse 40, 4132 Muttenz, Switzerland (“PARTNER”) shall be deemed to have been provided if sent to the postal or e-mail address most recently indicated by the Customer.
b) For the purpose of processing the Financing Contract, PARTNER may call upon its branch office, bob Finance, branch of Valora Schweiz AG, Hardturmstrasse 161, 8005 Zurich, Switzerland (“BOB”).
c) The Customer acknowledges that all correspondence between him/her and the PARTNER or BOB may be sent either by e-mail or by ordinary post. Correspondence shall be binding in all cases. Any loss or damage resulting from the usage of the above-mentioned means of transmission shall be borne by the Customer, provided that the PARTNER or BOB acted in accordance with the standard of care customary within trade.
The Customer authorises the PARTNER to obtain all information necessary for the conclusion or processing of the Financing Contract from public and private bodies and from the Central Office for Credit Information (ZEK). Any data locks ordered by the Customer shall not be deemed to apply in relation to the PARTNER. The Customer further authorises the PARTNER to file notice of the financing contract with the ZEK and also with any other bodies if so required by law.
3. Changes of name or address
a) The Customer is obliged to inform immediately in writing of any change of name or address (including a change to the e-mail address or telephone number). Changes of name or address should be reported to:
bob Finance, branch of Valora Schweiz AG
Hardturmstrasse 161, 8005 Zurich
b) Should any costs arise for the PARTNER in relation to enquiries to establish the correct address, these may be charged to the Customer at cost. The charge for enquiries to establish the correct address shall amount to CHF 50.00.
c) If the Customer transfers his/her residence abroad, the financing contract must be repaid in full prior to departure.
a) As a rule, the Customer will not incur any delivery costs; if, however, it is not possible to duly deliver the items bought due to the information provided by the Customer and if the PARTNER incurs additional costs as a result, the PARTNER will invoice the Customer for these costs.
b) The full costs of debt enforcement shall also be borne by the Customer. Any other charges and costs beyond the control of the PARTNER shall likewise be invoiced to the Customer in the event that they were occasioned by the Customer. In the event of late payment and factoring of the Claim to a debt collection agency, the latter shall be entitled to charge the customer a handling charge.
5. General Terms and Conditions
a) The PARTNER is entitled to amend the General Terms and Conditions regarding the Financing Contract at any time by circular letter or in any other suitable manner. Any amendments shall be deemed to have been accepted unless they are objected to in writing by the Customer with the PARTNER within one month (30 days) of the time the notice was sent.
b) The invalidity of any individual contractual terms shall not affect the validity and binding effect of the remaining terms
6. Offsetting and assignment by the Customer
The Customer shall not be entitled to offset any claims of its own against its obligations towards the PARTNER. This prohibition on offsetting shall also apply in the event that bankruptcy or debt restructuring procedures are launched in relation to the PARTNER. The Customer may not assign any claims of its own against the PARTNER to a third party.
7. Transfer and assignment by the PARTNER
a) The Customer hereby accepts that the PARTNER may transfer or assign the Financing Contract in its entirety, including any or all rights and duties along with any rights and collateral arising thereunder to Group companies and/or third parties either in Switzerland or abroad (e.g. for the purposes of collection, debt factoring). The PARTNER may make customer data available to these group companies and/or third parties for this purpose.
b) The Customer hereby consents to the involvement by PARTNER of third parties in Switzerland and abroad for the purpose of providing services associated with customer support and other services in connection with this contract such as, for instance, ID checks, credit check, call centre, collection service providers, agencies or IT security and system control services (the privacy statement in question can be accessed under here).
8. Customer requests
a) Customer concerns about the purchase (particularly queries about shipping and delivery times, and for returns) as well as for requests in connection with the invoice must be addressed to firstname.lastname@example.org.
b) Enquiries in relation to insurance benefits provided by AppleCare+ shall be addressed directly to the points of contact designated in the contract between the Customer and the insurance provider.
9. Conclusion of the contract
The Customer hereby consents to the Financing Contract offered by the PARTNER as well as the associated T&Cs as an integral component of the contract by manually entering a one-time password (hereinafter referred to as "OTP") sent to the Customer. The PARTNER will confirm the definitive conclusion of the contract by email in a timely manner. Entering the OTP therefore replaces the physical signature and the contract can be concluded online. The OTP is an unambiguous identifier, which is provided to the Customer’s mobile phone number as recorded at the time of the Customer’s registration and which can only be used once. The Customer will not be charged for the generation of OTP passwords.
10. Data processing
The PARTNER processes data in accordance with the privacy statement as well as the provisions of the Swiss Federal Act on Data Protection (Bundesgesetz über den Datenschutz). The privacy statement can be accessed under here.
11. Applicable law and place of jurisdiction
The financing contract shall be governed by Swiss law. Unless required otherwise by law, the courts of Zurich shall have jurisdiction over all disputes arising out of the financing contract.
12. Final provisions
In the event of any ambiguities and/or inconsistencies between the German, the French, the English and/or the Italian text, only the German text shall prevail.