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General Terms and Conditions (GTCs) for the Purchase on Account and Purchase by Installments of HIRSCH ArmbÄnder GmbH (hereinafter: "we")
(Version: 26.01.2018)
General remarks
We offer the payment types "purchase on account" and/or "payment by installments" for our customers. For this purpose, an assignment of claim is made to the net-m privatbank 1891 AG (hereinafter "Bank").
The payment on account and payment by installments options are only available to consumers from 18 years old. With this service, you can purchase goods via the internet and will only need to pay after actually receiving the goods and the invoice or you can also conveniently pay in installments.
The goods purchase contract shall only be formed between you and us. The performance of the purchase contract is also subject to the agreements you reach with us. In particular, we remain responsible for general customer enquiries (e.g. on goods, delivery times, shipping), returns, complaints, warranty claims, any withdrawals from contract and for credit notes. When you choose to pay on account or by installments, these terms and conditions shall apply in addition to the agreements and the GTCs you agree with us within the scope of the purchase contract.
For the completion of a purchase on account or a purchase by installments, we shall assign our claim against you for the payment of the purchase price to the Bank. You are hereby informed of this assignment of claim. In order to constitute full discharge of debts, all payments must be made to the Bank to the account indicated to you for this purpose. Goods shall remain the property of the Bank until full payment has been made.
payolution GmbH (www.payolution.com) is acting as the technical service provider and the service provider to verify your creditworthiness for a purchase on account or a purchase by installments.
Payment modes and interest rates
For purchases by installment, you are informed of all significant contractual conditions in our data entry form and in an information notice subsequently provided to you for storing, as required by the pre-contractual information requirements of Directive 2008/48/EC on credit agreements for consumers. This information is also provided to you electronically in storable format after conclusion of the contract.
Should you withdraw from the purchase contract on the basis of a special agreement with us or on the grounds of statutory provisions, return the goods, claim a price reduction or have any other reason not to make your payment, whether in whole or in part, the Bank shall in this case reassign the claim against you to us. A definitive agreement on the payment will then be reached with us, or the contract cancelled.
Termination and advance repayment
Early termination of an agreement made on payment by installments is possible by way of advance repayment: You have the right to repay the entire loan amount or part thereof before expiry of the stipulated time at any time. For advance repayments, the interest payable shall be reduced in accordance with the reduced outstanding amount and in accordance with the reduced contract term. Term charges shall be reduced accordingly.
Warning: consequences of outstanding payments
For delayed payments both for purchases on account and by installment, interest on arrears to the amount agreed and costs for appropriate warnings shall be payable. In the event of an unsuccessful internal dunning process, the Bank may transfer the outstanding claim to a debt collection agency for collection. In this case, you may be charged legal costs by debt collection agencies and if necessary for legal representation.
We hereby inform you that for payments by installment, the failure to make due payments shall entitle the Bank to which the purchase price claim was assigned by us to terminate the agreement on payment by installment prematurely following written warning and a grace period and the entire outstanding amount will be payable immediately.
Should a provision of these GTCs be invalid, this shall not affect the validity of the other provisions of these GTCs.