General Terms and Conditions

1. General

1. PayGreen AG enables webshops to offer different payment methods
    

2. PayGreen Direct: Simply scan the QR code with the banking app, pay and trigger the order upon receipt of payment.
    

3. PayGreen Invoice: Settlement of the full amount within 10 days.
    

4. These General Terms and Conditions (hereinafter: "GTC") govern the legal relationship between you and PayGreen AG (c/o Audit Zug AG, Alte Steinhauserstr. 1, 6330 Cham, hereinafter: "PayGreen") regarding the payment options of PayGreen (hereinafter: "payment options").
    

5. By using one of the payment options, you confirm that you have read and understood the GTC and agree to them.
    

6. The payment options are available to natural persons and persons capable of acting with residence in Switzerland or Liechtenstein as well as legal entities with their registered office in Switzerland.
    

7. For the fulfillment of your payment obligations under this contract, you must have a Swiss bank account.
    

2.  Identity check, credit check and scoring

1. PayGreen reserves the right to obtain creditworthiness information about the customer to protect its own interests in the context of the purchase transaction and may forward customer data to third parties for this purpose. 
    

2. For this purpose, the personal data required for a credit check will be transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, carries out a corresponding assessment of the creditworthiness and the credit standing based on mathematical-statistical procedures. The information received hereafter on the statistical probability of a payment default is included in the decision on the establishment, implementation or termination of the contractual relationship. PayGreen reserves the right to refuse you the means of payment PayGreen invoice. A reason statement is not required in this case.
    

3. The creditworthiness check is carried out in compliance with the relevant data protection regulations and with special consideration for your interests worthy of protection. Please note that only CRIF AG can provide information on which data has been used to calculate your creditworthiness profile.
    

4. The processing of your personal data is governed by Section 8 of the Data Protection Act.
    

3. Receivables from purchase and/or service contracts

1. PayGreen Direct
   Basically, the payment option is a payment option with prepayment. With the conclusion from the basic transaction (purchase and / or service contract) and without payment from your side, there is no obligation of the merchant to fulfill the transaction. 
    

2. PayGreen invoice
   With the completion of the order process, you undertake to PayGreen to pay all claims resulting from purchases from affiliated merchants plus any interest and fees for which you have chosen the payment option.
    

3. The merchant assigns its claim from the basic transaction (purchase and/or service contract) to PayGreen. The assignment of the claim by the merchant and the invoicing by PayGreen have no novating effect.
    

4. The purchase and/or service contract concluded between you and the Merchant is exclusively between you and the Merchant. Their settlement is determined by the terms and conditions agreed therein. Customer inquiries of any kind in connection with goods/services, discrepancies, complaints, delivery time, revocations, objections, shipments, returns, warranty cases, credit notes, as well as objections and claims by you against the Merchant, etc. (hereinafter referred to as "Defences and Objections") shall be addressed exclusively to the Merchant. Defences and objections against the merchant do not release you from the full payment obligation towards PayGreen. You shall pay the full amount invoiced to PayGreen irrespective of such defences and objections. PayGreen will not refund invoices already paid by you to PayGreen, except in the case of credit notes confirmed by the merchant to PayGreen.
    

5. Any returns of goods must be made to the merchant.
    

4. General payment conditions  

1. PayGreen Direct
   If the total amount (invoice amount plus interest and fees) has not been paid within 45 days from the invoice date, PayGreen reserves the right to reverse and cancel the basic transaction after consultation with the merchant.
    

2. PayGreen Invoice
   The invoice is payable within 10 days. The invoice is paid on time if the amount owed is on PayGreen's account up to and including the last day of the payment period.
    

5. Default PayGreen invoice

1. If the payment deadline is not met and no fixed expiry date has been agreed, the customer will be put in default of payment by reminder. In the event of late payment, the defaulting customer will be charged reminder fees of (first reminder CHF 20.00, second reminder CHF 25.00). If the claim is not settled even after the reminders have been sent, PayGreen AG reserves the right to assign the claim to a third party or to commission the collection of the claim at the expense of the customer. 
    

2. The amount of the legal prosecution/collection costs shall be calculated on the basis of the outstanding claim: 
   
   Amount of claim in CHF / legal prosecution/collection costs in CHF
   0-150 / max. 80.00, plus 5% interest on arrears
   151-600 / max. 175.00, plus 5% interest on arrears
   601-1000 / max. 230.00, plus 5% default interest
   1001-10'000 / max. 860.00, plus 5% interest on arrears
   from 10'001 / 9% of the outstanding debt, plus 5% interest on arrears

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6. Communication

1. Communication between you and PayGreen shall generally take place via www.paygreen.ch as well as via email (contact@paygreen.ch).
    

2. You expressly grant PayGreen permission to communicate with you by email (unencrypted) via the email address provided by you. All communications from PayGreen by email to the email address provided by you shall be deemed to have been delivered within two calendar days of dispatch (fiction of delivery).
    

3. Invoices and reminders can also be sent to you by post at your express request, subject to a charge.
    

7. Duration and termination of the contract

1. The contractual relationship shall end with the settlement of the outstanding total amount or with the transfer to a third party entrusted with the collection.
    

2. PayGreen is entitled to terminate the contractual relationship at any time and without stating reasons by notifying you in writing or electronically. In this case, the outstanding total amount must be paid within the payment period specified in the notification. In the event of a move abroad, the outstanding total amount is due immediately.

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8. Data protection

1. For the purpose of fulfilling the contract, PayGreen collects and processes the following data concerning you: First and last name, date of birth, title, gender, residential and delivery address, telephone numbers, email address, credit card information, information on your financial circumstances, IP address, device ID and all information on the merchant invoice (esp. purchase amount and product category) and information on your purchasing and payment behavior as well as your creditworthiness. 
    

2. The personal data will be processed for the following purposes: 
   a) communication with you
   b) Conclusion/processing of a contract with you 
   c) Identity and credit assessment (this may include obtaining assessments from third parties, such as credit agencies), 
   d) marketing (e.g. mailings with unsubscribe link/option, occasions), relationship management
   e) Market analysis, planning, development of products & services, R&D.
   f) Compliance (adherence to laws, industry standards, directives, etc.)
   g) Training, instruction, continuing education
   h) Crime and fraud prevention
    

3. Automatic processing
   You acknowledge that PayGreen may outsource certain activities, in particular in the area of administration of the contractual relationship (e.g. application and contract processing incl. creditworthiness check, correspondence, dunning and collection) as well as data storage in whole or in part to third parties in Switzerland and abroad and may process any data required and make it accessible. PayGreen is also entitled, and you agree, to include this data in its own creditworthiness databases and to use it for further purposes of PayGreen, including the use for creditworthiness queries for the payment method "PayGreen Invoice" and for itself as well as for third parties (e.g. online stores).
    

4. Your personal data will be passed on to the transport company commissioned with the delivery or the corresponding financial service provider as part of the contract processing, insofar as this is necessary for the delivery or payment of the goods. 
    

5. You can revoke your consent to the use of your data for further purposes by PayGreen at any time by sending an electronic message to PayGreen (contact@paygreen.ch).
    

6. In addition, you acknowledge and authorize PayGreen to disclose to the merchant at any time information about your payment status, including late payments, credit codes and measures. You allow the merchant to use this information for its own purposes.

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9. Exclusion of liability

1. PayGreen excludes all liability for direct and indirect damage to the extent permitted by law. In particular, PayGreen is not liable for damages that may arise if an affiliated merchant refuses to accept a payment by payment option for any reason or if a payment by payment option cannot be executed for technical or other reasons. 
    

2. PayGreen further disclaims any warranty and liability if harmful software or the like has been installed on the Internet-enabled device used by you. In addition, PayGreen assumes no liability for damages resulting from data misuse, technical malfunction or use of the Internet connection.
    

3. Any liability or warranty claims may exist against the connected merchant and PayGreen rejects any warranty and liability in this regard. In particular, any complaints regarding goods or services purchased as well as disagreements and claims arising from these legal transactions must be addressed directly to the merchant. A set-off defense, which you may be entitled to against the affiliated merchant, cannot be held against PayGreen.

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10. Changes

1. PayGreen is entitled to unilaterally amend the GTC at any time, provided that this does not unreasonably affect your interests, and to adjust (optional) fees. You will be informed of any changes in a suitable form (e.g. together with the invoice). The currently valid GTC can also be viewed at any time at https://www.paygreen.ch/agb.

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11. Severability clause

1. Should any provision of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In case of invalidity or nullity of a provision, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

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12. Final provisions

1. PayGreen may assign all rights and claims arising from the contractual relationship with you to third parties at any time. Likewise, PayGreen may transfer the whole or parts of the contractual relationship to third parties.
    

2. This legal relationship shall be governed exclusively by Swiss substantive law.