General terms and conditions

bob pay

1. Conclusion of the contract

The Customer agrees to the on-line offer offered by the SELLER in the application process as well as to the present GTCs as an integral part of the contract by electronic confirmation of the payment plan and global acceptance of the GTCs. A contract concluded on-line is created in this way. The electronic confirmation of contract conclusion replaces the physical signature or electronic signature and is legally valid and binding in the same way as signing a contract document.

When the contract is concluded, the payment plan will be sent timely to the Customer to the e-mail address provided in the payment process. The payment plan contains the amount of the Claim.

2. Assignment of the Claim

The SELLER hereby assigns and transfers the Claim arising from the Financing Contract together with all rights and obligations vis-à-vis the Customer to bob Finance, branch of Valora Schweiz AG, Hardturmstrasse 161, 8005 Zurich, Switzerland (“BOB”). The Customer hereby acknowledges that it owes BOB the claimed amount.

3. Correspondence and transmission of data

a) Any notices from the SELLER or BOB shall be deemed to have been duly delivered 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 SELLER 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 SELLER or BOB acted in accordance with the standard of care customary within trade.

4. Information

The Customer authorises the SELLER 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 SELLER or BOB. The Customer further authorises the SELLER and BOB to file notice of the Financing Contract with the ZEK and also with any other bodies if so required by law.

5. Changes of name or address

a) The Customer is obliged to inform the SELLER and BOB immediately in writing of any change of name or address (including a change to the e-mail address or telephone number). Notices to BOB must be sent to the following address:

bob Finance, branch of Valora Schweiz AG
Hardturmstrasse 161
8005 Zurich

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.

6. Due date / late performance

Each instalment is due on the first day of the month for which it is payable. The due date of the first instalment is listed in the payment plan. The Customer will be in default of payment on the first day after the due date. In the event of payment default, BOB is entitled to give formal notice, subject to a reminder fee, and to instruct a debt collection agency to collect the Claim to safeguard the interests of BOB. The Customer will be notified if the payment terms provided to him/her change. Even in the event that goods are rejected or devices are faulty, the instalment amounts shall remain the same. If the SELLER or a third party makes a reimbursement, this occurs separately from this Financing Contract.

After payment of the last instalment, the Customer will receive confirmation from BOB that the Claim has been fully repaid.

7. Expenses

The full costs of debt enforcement shall also be borne by the Customer. Any other charges and costs beyond the control of the SELLER 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.

8. Reminder fees

The reminder fee for the delayed payment of instalments 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 instalment payments are set out in the payment plan.

9. Early repayment

Customers may, if they so wish, repay the amounts due under the Financing Contract early and pay the rest of the purchase price in a single payment.

10. 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.

11. Cancellation

The Customer may terminate the Financing Contract within the Cancellation Period specified by the SELLER. The Financing Contract may only be cancelled in accordance with the conditions set forth in the SELLER’s T&C. If the SELLER accepts the Customer’s cancellation request, the SELLER shall cancel the Financing Contract with BOB and the Customer shall thereafter receive confirmation of cancellation from BOB. If any Instalments have already been paid, these shall be repaid.

12. Offsetting and assignment by the Customer

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

13. Transfer and assignment by the SELLER

The Customer hereby accepts that the SELLER 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).

14. Customer requests

The SELLER 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/financing.

15. Data processing

The SELLER and BOB process the Customer’s personal data in accordance with BOB’s privacy statement acknowledged by the Customer in the application process and pursuant to the provisions of the Swiss Federal Act on Data Protection (Bundesgesetz über den Datenschutz). 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 contract processing is performed for the following purposes: identity checks, credit checks, customer service consulting, collection services, IT security and system management services, and, if you consented to them, for marketing activities (e.g., direct marketing and newsletters). The current version of BOB’s privacy statement can be examined here.

16. 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 SELLER's registered office is situated shall have jurisdiction over all disputes arising out of the Financing Contract.

17. 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 pay" - March 2023