BOB Finance General Conditions

1. Conclusion of the contract

The customer accepts the online offer made by the SELLER as part of the application process as well as these GTC as an integral part of the contract, by electronic confirmation of the payment plan and overall acceptance of the GTC. A contract concluded online is thus established. The electronic confirmation of the conclusion of the contract replaces the physical signature or the electronic signature and is legally valid and binding, like the signature of a contractual document. If a contract is concluded, the payment plan will be sent to the customer in good time at the e-mail address specified in the payment process. The payment plan indicates the amount of the claim.

2. Assignment of receivables

The SELLER hereby assigns and transfers the claim arising from the financing agreement with all rights and obligations vis-à-vis the customer to bob Finance, branch of Valora Schweiz AG, Hardturmstrasse 161, 8005 Zurich (hereinafter "BOB"). The customer acknowledges that he owes the amount of the claim to BOB.

3. Correspondence and transmission of data

a) Communications from the SELLER or BOB are deemed to have been notified when they have been sent to the last postal or electronic address indicated by the customer. b) The customer agrees that all correspondence between him and the SELLER or BOB may be sent both by e-mail and by post. The correspondence is binding in all cases. The customer shall bear any damage caused by the use of the types of transmission listed above if the SELLER or BOB has applied the usual diligence in business.

4. Information

The customer authorises the SELLER and BOB to obtain all information necessary for the conclusion or execution of the financing agreement from public and private bodies, as well as from the Central Credit Information Office (ZEK). Any data blocks ordered by the customer are considered lifted with regard to the SELLER and BOB. In addition, the customer authorises the SELLER and BOB to notify the financing agreement to the ZEK and, if required by law, to other bodies.

5. Changes of address and name

a) The Customer is required to notify the SELLER and BOB immediately and in writing of any change of name or address (including changes of email address and mobile phone number). Communications to BOB must be sent to the following address: bob Finance, branch of Valora Schweiz AG Hardturmstrasse 161 8005 Zurich Email: servicecenter@bob.ch b) If the SELLER or BOB incurs costs for the address search, they may charge these costs to the customer. The costs for an address search amount to CHF 50. c) If the customer moves abroad, the financing contract must be fully repaid before leaving the country.

6. Deadline / delay

The monthly payments are due on the 1st of the month for which they are to be paid. The due date of the first instalment is indicated in the payment plan. The customer is in default of payment from the 1st day following the due date. In the event of late payment, BOB is entitled to serve the customer with a formal notice with a reminder fee and to instruct a debt collection agency to recover the debt in order to safeguard its interests. The customer is informed as soon as the payment terms communicated to him change. The due dates and amounts of the monthly payments remain unchanged in the event of a complaint concerning the products or damage to the device. In the event of reimbursement by the SELLER or a third party, this reimbursement is made independently of this financing contract. After payment of the last monthly payment, the customer receives confirmation from BOB that the debt has been fully repaid.

7. Fees

Any costs of prosecution shall also be borne by the customer. Other costs and expenses beyond the sphere of influence of the SELLER or BOB shall also be re-invoiced to the customer in accordance with the principle of causality. In the event of late payment and assignment of the claim to a debt collection institution, the latter shall be entitled to charge the customer processing fees.

8. Recall fees

The reminder fee for late payment of monthly installments is CHF 20 for the 1st reminder, CHF 25 for the 2nd reminder and CHF 30 for the 3rd reminder. The due dates of the monthly installments are defined by the payment plan.

9. Early execution

At his request, the customer has the option of carrying out early execution of his obligations arising from the financing contract and paying the remaining sale price in one go.

10. General conditions and other conditions

a) BOB is entitled to amend the General Terms and Conditions of the Financing Agreement at any time by means of a circular or in another appropriate manner. Amendments are deemed to have been accepted if BOB does not receive a written objection from the customer within one month (30 days) of sending the message. (b) The invalidity of certain contractual provisions does not affect the validity or binding nature of the other provisions.

11. Cancellation

The customer may terminate the financing agreement within the cancellation period specified by the SELLER. The financing agreement may only be cancelled in accordance with the conditions set out in the SELLER's General Terms and Conditions. If the SELLER accepts the customer's request for termination, the SELLER will cancel the financing agreement with BOB. The customer will then receive a cancellation confirmation from BOB. If monthly payments have already been made, these will be refunded.

12. Compensation and assignment by the customer

The customer is not entitled to offset any claims against its obligations towards the SELLER or BOB. This prohibition of offsetting also applies in the event of bankruptcy or composition proceedings of the SELLER or BOB. The customer may not assign claims against BOB to a third party.

13. Transfer and assignment by the SELLER

a) The customer agrees that the SELLER may transfer or assign the financing contract in its entirety, including all individual rights and obligations, as well as the rights and securities arising therefrom, to BOB and/or third parties in Switzerland and abroad (for the purposes of collection, subcontracting, etc.).

14. Customer requests

The SELLER remains primarily responsible for customer requests regarding the purchase of products (in particular for requests regarding shipping and delivery times, as well as for returns). BOB is responsible for requests regarding billing/financing only.

15. Data processing

DescriptionThe SELLER and BOB process the customer's personal data in accordance with BOB's data protection declaration, which the customer has become aware of during the application process and in accordance with the provisions of the Federal Data Protection Act. The processing of personal data by BOB and any disclosure of the customer's personal data to third parties in Switzerland and abroad, for and in connection with the execution of the contract, is carried out for the following purposes: identity verification, credit checks, customer advice, debt collection services, IT security and system monitoring services and, with your consent, marketing activities (e.g. direct advertising and newsletters).
The current version of BOB's data protection declaration can be viewed here.

16. Applicable law and jurisdiction

The financing contract is governed by Swiss law. Unless otherwise provided by law, the place of jurisdiction in the event of a dispute relating to this financing contract is the registered office of the SELLER.

17. Final provisions

DescriptionIn case of ambiguities and/or contradictions between the German, French, English and/or Italian texts, only the German text shall prevail.
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