General Terms and Conditions for AntePAY Webshop

I.             Subject of the Contract and Scope of Application

 

These General Terms and Conditions (hereinafter referred to as the “GTC”) apply to the purchase of the AntePAY Card, which the buyer has received from us (dscnet AG, Oberneuhofstrasse 3, 6340 Baar, Switzerland, e-mail: info@dscnet.ch, hereinafter “we”) through our on-line shop antepay.com.

 

Our offer is aimed at consumers. A consumer is any natural person who concludes a legal transaction of normal consumption which is intended for the personal or family use of the consumer and which is not related to the professional or commercial activity of the consumer.

 

Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions.

 

We reserve the right to change these General Terms and Conditions at any time. The authoritative version of these General Terms and Conditions is the one applicable at the time of the order, which is published on our website antepay.com and which cannot be changed unilaterally for this order. Conflicting terms of the buyer or terms deviating from these General Terms and Conditions are not accepted.

 

The offer of products and services in the online shop is aimed exclusively at buyers residing in Switzerland.

 

Deliveries shall be made exclusively to addresses in Switzerland.

 

II.            Product and Price

 

Information on the design and functioning of the AntePAY Card can be found in the Terms of Use of the AntePAY Card.

 

Pictures of and information on products in advertising materials, brochures, websites, on-line stores, etc. are for illustrative purposes and are not binding.

 

The retail prices of the AntePAY Cards published in the online shop represent final prices. We reserve the right to change the offered prices of the AntePAY Cards at any time. The price in the online shop at the time of ordering is decisive for the conclusion of the purchase contract.

 

III.           Registering as a Customer

 

In order for the customer to order AntePAY Cards, they must register as a customer. Registration creates a persistent customer account. Through this customer account, the buyer can view information about their AntePAY Cards linked to the customer profile and make card purchases. Furthermore, they have the ability to view and change their stored customer and payment information.

 

In order to register as a customer and create a customer account, the buyer must provide, among other things, their current e-mail address and a password. The e-mail address serves as a username and, together with the password, as login data. The e-mail address also serves to communicate with the buyer. The customer data is used and protected in accordance with the guidelines in our Data Protection Policy. You can find the Data Protection Policy here.

 

The buyer warrants that the information provided during registration is accurate and complete. The use of pseudonyms is not permitted. The buyer may not register multiple times.

 

The buyer is obligated to handle the login details with care. The buyer is prohibited without exception from disclosing the login data to third parties and/or allowing third parties to access the customer account by bypassing the login data. Should the buyer receive indications of misuse of their customer account by third parties, they must inform us immediately.

 

Insofar as the personal information of the buyer changes, the buyer is responsible for updating it. The buyer can make changes online after registering for their customer account.

 

The buyer can have their registration deleted at any time by means of a corresponding notification to us. With the deletion, the customer account and all personal information of the buyer associated with it are irrevocably removed. This applies to the extent that there are no statutory retention obligations or the information required for the processing of orders is still required.

 

We are entitled at any time to discontinue the offer of registration and a customer account via our online shop. In this case, the buyer will be informed immediately of the intended discontinuation and their customer account will be irrevocably deleted with all data.

 

IV.          Conclusion of the Contract

 

The presentation of the AntePAY Cards in the online shop does not constitute a binding application for the conclusion of a purchase contract with us. Rather, it is a non-binding offer to order the AntePAY Cards in our online shop.

 

When ordering, the customer makes their selection from the relevant AntePAY Card(s). The selection made is displayed in the shopping cart. After the customer has accepted the General Terms and Conditions and the data protection declaration, the order is sent to us and the customer receives an e-mail confirming the order (order confirmation).

 

When placing an order, the customer submits a legally binding application for the conclusion of a contract by clicking on the “Buy now” button. The order confirmation sent by us afterwards does not constitute acceptance of this request. The application shall only be deemed accepted if we expressly declare the acceptance or if the goods have been handed over for shipment by us – without prior express acceptance.

 

The buyer acknowledges that the sale of the AntePAY Card is subject to the supervision of the self-regulatory organization PolyReg. For compliance reasons, orders can be rejected without justification.

 

By purchasing an AntePAY Card, the buyer agrees to the Terms of Use of the AntePAY Card.

 

V.           Delivery of the AntePAY Card

 

After successful transfer of the purchase price, the AntePAY Card will be sent electronically via PDF to the e-mail address provided by the buyer. The PDF shows the PIN code, the card number, and the QR code for the AntePAY Card.

 

Benefit and risk regarding the ordered AntePAY Card, incl. its credit balance, are transferred to the buyer with the electronic dispatch.

 

The buyer is aware that the data transmitted to them (PIN code, card number, QR code) allows access to the credit purchased. The buyer is responsible for keeping this information safe and confidential. We assume no liability in this regard.

 

VI.          Gift Cards

 

The buyer has the opportunity to purchase the AntePAY Card as a gift card and pass it on to a third party. In this case, the buyer cannot access the gifted AntePAY Card in their customer account.

 

It is the responsibility of the buyer to ensure that the recipient stores the gift card (including the PIN code, card number, and QR code) securely and keeps it secret. We assume no liability in this regard.

 

VII.         Payment Conditions

 

Payment of the purchase price is made either by credit card, PayPal, or immediate bank transfer.

 

Payments must be made in Swiss francs.

 

The buyer is obligated to keep up to date the payment information stored in his customer account.

 

VIII.       No Possibility of Return

 

Premature return of still unused, valid AntePAY Cards with repayment of the remaining monetary value is excluded.

 

IX.          Liability and Exclusion of Liability

 

Liability is based on the applicable statutory provisions. However, we shall under no circumstances be liable for (i) ordinary negligence, (ii) indirect and consequential damages, and consequential losses and lost profits, (iii) unrealized savings, (iv) damages resulting from late delivery, and (v) any acts or omissions of our assistants, whether of a contractual or non-contractual nature. Our liability in connection with the use of the AntePAY Card is regulated in the Terms of Use.

 

In addition, we disclaim any liability for improper, non-contractual, or illegal use of the AntePAY Card.

 

X.           Data Protection

 

All personal data is protected and treated as confidential. The data necessary for the order processing is passed on to the respective financial service provider. By submitting the order or transferring the credit card data in the payment process of the online shop, the customer agrees to the transfer of this data as described therein.

 

Our Data Protection Policy applies for the further processing of personal data.

 

XI.          Final Provisions

 

Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

 

As far as legally permissible, contracts between us and the buyer are governed exclusively by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict rules of Swiss international private law.

 

The place of performance for all contractual services is Baar, Switzerland.

 

The parties agree on Baar, Switzerland, as the exclusive place of jurisdiction, subject to mandatory legal jurisdiction.

 

As of: October 2019

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