Supplementary terms of payment

for payment upon invoice, by installments and by SEPA direct debit

Table of content

1. Scope
2. General payment provisions
1. General provisions
2. Returns
3. Default of payment
3. Payment upon invoice 
4. Payment by SEPA direct debit 
5. Payment by installments 
6. Risk checks 
7. Final provisions 

I.         Scope

These supplementary terms of payment for payment upon invoice, payment by installments and payment by SEPA direct debit (the "Terms of Payment") shall apply as soon as you have selected one of the payment methods described in more detail below (the “Payment Methods”) in the online shop (the "Online Shop") to pay for your order.  

These Terms of Payment shall thereby become an integral part of the contract for the purchase of goods and/or services (the "Contract") concluded between you and the merchant operating the Online Shop (the "Merchant") and shall prevail over any conflicting additional terms and conditions of the Merchant. 

With the binding conclusion of your order in the Online Shop (the "Order"), you give your consent to these Terms of Payment and you confirm at the same time that you are at least 18 years of age, a consumer within the meaning of the statutory provisions and have full legal capacity.  

In order to provide you with the Payment Methods for the payment of the Order as well as for the further processing of your purchase, the Merchant cooperates with payment institutions and technical service providers (the "Cooperation Partners"). Further information on the Cooperation Partners can be found in the supplementary data protection information, which you can access here (https://legal.paylater.payone.com/en/data-protection-payments.html).  

II.         General payment provisions 

1. General provisions 

These general payment rules shall apply to the Payment Methods referred to in the following sections III to V and shall be supplemented in each case by the special payment provisions described therein. In the event of contradictions, the special payment provisions shall take precedence over the general payment provisions in section II. 

The Payment Methods have been integrated into the offer of the Online Shop in order to provide you with various attractive payment options for the fulfilment of your payment obligation arising from the contract intended with the Merchant. 

Whether the Payment Method you have chosen can actually be used depends on the result of the Risk Check described in section VI.. If the result of the Risk Check is positive, you may bindingly conclude the Order in the Online Shop and the selected Payment Method becomes part of the Contract between you and the Merchant. 

In the course of the Merchant’s cooperation with the Cooperation Partners, the purchase price receivable arising from the Contract concluded between you and the Merchant is assigned to Vereinigte Volksbank Raiffeisenbank eG, Darmstädter Str. 62, 64354 Reinheim (the "VVRB"). 

To ensure that your payments are properly recorded, it is essential that you correctly state the payment reference provided to you in the payment information in the details of the payment when making payments by SEPA bank transfer. The VVRB is generally entitled to reject payments that cannot be determined. 

Thus, payments shall only have a debt-discharging effect if the specific payment reference in the respective payment information provided to you are complied with, stating the payment reference provided therein. 

Please note that the Merchant remains responsible for all aspects relating to the shipment, quality and shipment or provision of the purchased goods or services.  

Please contact the Merchant directly with any questions regarding the status of the Order, the condition of the purchased goods or services, or the status of the shipment or returns. Please note that the Payment Methods are currently not available when specifying a different shipment address (including so-called parcel stations or parcel shops). 

2. Returns

In the case of legitimate returns, you will generally receive a refund of any payments already made directly through the VVRB on behalf of the Merchant upon the Merchant's instructions to do so.  

Please note that the Merchant must have processed the return and reported it accordingly via the technical interfaces with the Cooperation Partners so that a refund can be issued by the VVRB.  

In this respect, there is no independent claim for reimbursement against the VVRB from the Contract concluded between you and the Merchant; any contractual claims must always be directed against the Merchant. Objections from the concluded Contract must always be asserted directly against the Merchant. 

The reporting of returns is fully automated via the technical interfaces with the Cooperation Partners, so that you usually receive your refund from the VVRB on behalf of the Merchant within a few days of the corresponding report from the Merchant. 

In individual cases, a refund is also possible directly through the Merchant. This is particularly the case if the goods are returned to the Online Shop later than 180 days after the Order or is reversed for any other reason. In these cases, you will be informed separately about the specific procedure of the refund. 

3. Default of payment

If you have not made payment in full by the due date at the latest after receipt of the request for payment, you shall be in default without further ado and without a separate reminder, unless payment is not made as a result of a circumstance for which you are not responsible or as a result of an objection raised in writing and substantiated before the due date. Default of payment shall also occur if a partial amount is disputed, and the undisputed part is not paid or if your objection is rejected as unjustified. 

In the event of late payment or grossly negligent chargeback of a direct debit, costs may be incurred by VVRB which are to be reimbursed by you unless you are not responsible for the breach of duty or can prove that no damage or only a lesser damage has been incurred.  

Thus, from the moment you are in default of payment, you may be charged all costs incurred by VVRB as a result of the delay in payment, including any damage caused by the delay, such as interest on arrears and reminder costs, without prior notice.  

VVRB is also entitled to transfer outstanding debts to a collection agency for further collection, which may result in additional collection costs for you, which you are then obliged to reimburse in accordance with the statutory provisions. 

III.         Payment upon invoice 

When choosing payment upon invoice you receive separate payment information, from which the respective payment modalities result. 

Payment is due within 14 calendar days from the date of dispatch of the goods or provision of the service without deduction and is to be made in cash to the bank account specified in the payment information. 

In order to be able to book your payments properly, it is essential that you correctly state the payment reference given to you in the payment information in the reason for payment. 

IV.         Payment by SEPA direct debit 

When choosing payment by SEPA direct debit, you will receive a separate pre-notification (the "Pre-Notification") in writing indicating that the respective payment is due without deduction within usually 14 days after dispatch of the goods or provision of the service and will be debited by SEPA direct debit from your bank account deposited with the Order. 

In order to pay by SEPA direct debit for the Order, you issue a SEPA direct debit mandate to VVRB upon completion of the Order and authorise VVRB to collect payments from your bank account by SEPA direct debit. At the same time, you instruct your credit institution to redeem the SEPA direct debits debited on your account by VVRB. The creditor identification number of the VVRB is: DE54ZZ00000008406. 

The VVRB will then collect the amount due from your specified bank account on the due date as the direct debit creditor. 

If there is a reduction in the payment amount between the Pre-Notification and the due date (e.g. due to refunds), the amount collected by SEPA direct debit may differ from the amount stated in the separate payment information. 

You are obliged to ensure that the specified bank account has sufficient funds on the due date. The account-holding credit institution is not obliged to collect the SEPA direct debit if there are insufficient funds in the bank account. 

General note: You can request a refund of the debited amount within eight weeks, starting from the debit date. The conditions agreed with your bank apply. You will be informed of the mandate reference number in the Pre-Notification.  

If a payment by SEPA direct debit is charged back due to insufficient funds in the bank account, an unjustified objection by the bank account holder or due to incorrect or false information provided when the SEPA direct debit mandate was issued or due to the cancellation of the current bank account, you will be in arrears without a special reminder unless the payment is not made due to a circumstance for which you are not responsible. 

In the event of a chargeback of the debited amount caused at least by gross negligence, the costs incurred by the VVRB as a result, such as chargeback fees of the account-holding bank, may be passed on to you, unless you can prove that no or only lesser damage was incurred.  
In the event of a chargeback, the VVRB is entitled to change the method of payment to the SEPA bank transfer procedure. 

V.         Payment by installments 

When choosing payment by installments, the intended contract becomes an installment payment transaction (Teilzahlungsgeschäft) (´non-gratuitous financing assistance (Entgeltliche Finanzierungshilfe)– within the meaning of Section 506 (1) of the German Civil Code (BGB)).  
When choosing payment by installments and upon completing the Order, you submit two offers to the Merchant: firstly, to conclude the Contract and secondly, to structure the Contract as an installment payment transaction in accordance with these Terms of Payment. 
If the Merchant accepts the offer to conclude the Contract, the Risk Check described in section VI. will automatically determine whether payment by installments is possible. If the result of the Risk Check is positive, the Merchant will accept your offer to structure the Contract as an installment payment transaction. Upon receipt of a corresponding confirmation by e-mail, the installment payment transaction becomes effective.  
The VVRB is then assigned the Merchant's claim for payment by installments with all rights, in particular the right to terminate the installment payment transaction in the event of breach of contract. 
The monthly installment amounts shall be redeemed by payment by SEPA direct debit from the bank account named in the Order, which must be specified within the scope of an additional SEPA direct debit mandate to be issued. In this regard, the provisions of section IV apply. 
The first monthly installment is due on the 28th day of the following month upon the performance of the Contract by the Merchant, provided that the underlying Contract has been validly concluded with the Merchant. The subsequent installments shall thereafter be due for payment on the 28th day of each month. The collection of the respective installment amounts by payment by SEPA direct debit shall take place accordingly on the due dates. 
In the event of revocation of the SEPA direct debit mandate prior to payment of the last installment, the VVRB is entitled to change the method of payment to the SEPA bank transfer procedure. 

Example of an installment plan (Ratenplan):

In the event of a justified (partial) return, the total amount payable will be reduced. In this case, a new installment plan is issued. The monthly amount of the respective installment amount generally remains unchanged, only the term of the installment plan is reduced. In this case, installments not yet due can be paid at any time and without additional charges. 

VVRB may terminate the installment payment transaction and demand immediate payment of the outstanding balance if you are in arrears with at least two consecutive installments and, in addition, are in arrears with at least 10 percent in whole or in part and you have been unsuccessfully given a two-week deadline to pay the amount in arrears with the statement that in the event of non-payment within the deadline, the entire remaining debt will be demanded. 

VI.         Risk checks 

When selecting a Payment Method, your personal data is processed, in particular to determine whether you are likely to be able to meet your payment obligations and to protect you and the Merchant as well as the Cooperation Partners from fraudsters who might try to use the offered Payment Methods to commit crimes. At the same time, the Risk Check serves to protect you from the risk of excessive indebtedness. 

Thereby, the probability of a proper payment is determined in connection with the selected Payment Method (the "Risk Check"). For this purpose, the Merchant transmits your personal data to the VVRB and, if applicable, to other Cooperation Partners.  

Further details on the processing and transmission of your personal data in connection with the Payment Methods to other responsible parties can be found in the supplementary data protection information, which you can access here (https://legal.paylater.payone.com/en/data-protection-payments.html). 

Depending on the result of the Risk Check, the selected Payment Method will be available to you for subsequent payment of the Order.  

VII.         Final provisions 

1. Change of personal data 

You are obliged to inform the Merchant and, after assignment of the purchase price receivable, the VVRB immediately of any changes of name, address or communication data. To do so, please use the contact information in the payment information provided to you by e-mail. 

2. Applicable Law 

The legal relationships established by these Terms of Payment are subject to German law. 

3. Alternative dispute resolution 

Neither the Merchant nor any other Cooperation Partner is willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

The Online Dispute Resolution Platform of the European Commission can be found at https://ec.europa.eu/consumers/odr.