bob zero

1. Correspondence

a) Any notices from ACME Co., Street 1, 8000 Zürich ("PARTNER") or bob Finance, branch of Valora Schweiz AG, Hardturmstrasse 161, 8005 Zürich ("BOB") shall be deemed to have been provided if sent to the postal or e-mail address most recently indicated by the Customer.

b) 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.

2. Information

The Customer authorises the PARTNER and BOB 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 or BOB. The Customer further authorises the PARTNER and BOB 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 SELLER and BOB 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:

bob Finance, branch of Valora Schweiz AG

Hardturmstrasse 161

8005 Zurich

E-mail: servicecenter@bob.ch

To the PARTNER:

ACME Co.

Street 1

Postcode - City

b) Should any costs arise for the SELLER or BOB 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.

c) If the Customer transfers his/her residence abroad, the financing contract must be repaid in full prior to departure.

4. Expenses

The full costs of debt enforcement shall also be borne by the Customer. Any other charges and costs beyond the control of the PARTNER or BOB 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. Reminder fees

The reminder fee for the delayed payment of installments amounts to CHF 20 for the first formal notice, CHF 25 for the second formal notice and CHF 30 for the third formal notice. The due dates of the installment payments are set out in the Financing Contract.

6. General Terms and Conditions

a) BOB 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 BOB 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.

7. 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 or BOB. This prohibition on offsetting shall also apply in the event that bankruptcy or debt restructuring procedures are launched in relation to the PARTNER or BOB. The Customer may not assign any claims of its own against BOB to a third party.

8. 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 BOB and/or third parties either in Switzerland or abroad (e.g. for the purposes of collection, debt factoring). The PARTNER and BOB 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 BOB 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 can be viewed here.

9. Customer requests

The PARTNER remains the first point of contact for Customer requests regarding purchases (in particular for enquiries regarding delivery and delivery time as well as returns). BOB is only responsible for enquiries related to the invoice.

10. 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 physical or electronic signature or by manually entering a one-time password (hereinafter "OTP") sent to the Customer. The PARTNER will confirm the final formation of the contract by email in a timely manner. Entering the OTP can therefore replace the physical or electronic 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.

11. Data processing

The PARTNER and BOB process 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 data processing shall be performed for the following purposes: Identification check, creditworthiness check, customer service consulting, collection services, IT security and system management services, commercial communication, and newsletters. The privacy statement can be accessed under https://bob.ch/en/dataprivacy.

12. Applicable law and place of jurisdiction

The financing contract shall be governed by Swiss law. Unless required otherwise by law, the courts of the jurisdiction where the Partner's registered office is situated shall have jurisdiction over all disputes arising out of the financing contract.

13. 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.

GTC "bob zero" - July 2021