Additional General Terms and Conditions (GTC) for purchase with installment payment of House of Sound AG (hereinafter: "we")

(as of: 25.10.2021)

 

General information

We offer the payment method "payment by installments" for our customers. This involves an assignment of receivables to Bank Frick & Co. AG (hereinafter referred to as "Bank").

 

Purchase by installment is only available to consumers aged 18 and over. You can use this service to purchase goods over the Internet and pay conveniently in installments.

 

The purchase contract for the goods is concluded exclusively between you and us. The processing of the purchase contract is also determined by the agreements you make with us. In particular, we remain responsible for general customer inquiries (e.g. about goods, delivery time, dispatch), returns, complaints, warranty claims, any contract withdrawals and credit notes. If you decide to purchase with installment payment, these terms and conditions apply in addition to those agreements and the general terms and conditions that you agree with us as part of the purchase contract.

 

We will assign our claim for payment of the purchase price against you to the bank in order to process a purchase with installment payment. You are hereby informed of this assignment of claims. In order to discharge the debt, all payments must be made exclusively to the bank to the account notified to you for this purpose. The goods shall remain the property of the Bank until payment has been made in full.

 

Payolution GmbH (www.payolution.com) acts for us as a technical service provider and service provider for checking your creditworthiness in the case of a purchase with payment by installments.

 

Payment terms and interest rates

 When purchasing by installment, you will be informed in our data entry screen or another suitable electronic medium and in information subsequently made available to you for retention or storage about all essential contractual conditions within the meaning of the pre-contractual information requirements of Directive 2008/48/EC on consumer credit agreements. This information will also be sent to you electronically or in writing in a storable form after conclusion of the contract, at the latest upon delivery of the goods.

 

If you withdraw from the purchase contract, return the goods, claim a price reduction or have other reasons for not having to make your payment in whole or in part on the basis of your special agreement with us or on the basis of statutory provisions, the bank will in this case transfer the claim against you back to us. A final agreement on payment must then be reached with us or the transaction must be reversed.

 

Termination and early repayment

Early termination of an installment payment agreement is possible by way of early repayment: You have the right to repay the loan amount in part or in full at any time before the end of the agreed period. The interest payable by you is reduced in the event of early repayment of the loan in accordance with the resulting reduction in the outstanding balance and the resulting shortened term of the contract; term-dependent costs are reduced proportionately.

 

Warning: Consequences of non-payment

Interest on arrears in the agreed amount as well as costs for appropriate reminders are incurred for late payments, both in the case of installment purchases. If the internal dunning process is not successful, the bank may hand over the outstanding debt to a debt collection agency for collection. In this case, you may incur costs for legal action by debt collection agencies and possibly for legal representation.

 

We inform you that in the case of payment by installments, if payments due are not made, the bank to which we have assigned the purchase price claim has the right to terminate the agreement on payment by installments prematurely after issuing a written reminder and setting a grace period, and the entire outstanding amount will then become due immediately.

 

Should any provision of these additional GTC be invalid, this shall not affect the validity of the other provisions of these GTC.

 

Supplementary information on the privacy policy for purchase by installment payment from House of Sound AG (hereinafter: "we")

(Status: 16.10.2020)

By selecting a purchase by installment payment, you agree to the data protection provisions of payolution GmbH and the further processing of your personal data. These provisions are repeated below for information purposes only.

 

If you select payment by installments, your personal information required for the processing of this payment method (first name, last name, address, e-mail address, telephone number, date of birth, IP address, gender) together with the data required for the execution of the transaction (item, invoice amount, interest, installment payments, due date, total amount, invoice number, tax amount, currency, order date and time) will be forwarded to payolution GmbH for the purpose of risk assessment within the scope of its regulatory obligations.

 

In order to check the identity and/or solvency of the customer, queries and requests for information are forwarded to publicly accessible databases and credit reference agencies. Information and, if necessary, credit reports based on statistical methods can be requested from the following providers:

 

• CRIF GmbH, Diefenbachgasse 35, 11 50 Vienna, Austria
• CRIF AG, Hagenholzstrasse 81, 8050 Zurich, Switzerland
• CRIF Bürgel GmbH, Leopoldstrasse 244, 80807 Munich, Germany
• SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany
• KSV1870 Information GmbH, Wagenseilgasse 7, 1100 Vienna, Austria
• Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany
• infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, Germany
• ProfileAddress Direktmarketing GmbH, Altmannsdorfer Strasse 311, 1230 Vienna, Austria
• Emailage LTD, 1 Fore Street Ave, London, EC2Y 5EJ, United Kingdom
• ThreatMetrix, The Base 3/F, Tower C, Evert van de Beekstraat 1, 1118 CL Schiphol, Netherlands
• payolution GmbH, Columbuscenter, Columbusplatz 7-8, 1100 Vienna, Austria
• Universum Business GmbH, Hanauer Landstr. 164, 60314 Frankfurt am Main, Germany
• SEON Technologies Ltd, Rákóczi út 42, 1072 Budapest, Hungary
• Google Ireland Ltd, Gordon House, Barrow Street Dublin 4, Ireland
• Intrum AG, Eschenstrasse 12, 8603 Schwerzenbach, Switzerland

payolution GmbH will transmit your bank details (in particular bank code and account number) to SCHUFA Holding AG for the purpose of checking the account number. SCHUFA will first use this data to check whether the bank details you have provided are plausible. SCHUFA checks whether the data used for the check is stored in your database and then transmits the result of the check back to payolution. No further data exchange, such as the disclosure of creditworthiness information or the transmission of different bank details or the storage of your data in the SCHUFA database, takes place as part of the account number check. For reasons of proof, only the fact that the bank details have been checked is stored at SCHUFA.

 

In the event of behavior in breach of contract (e.g. existence of undisputed claims), payolution GmbH is also entitled to store, process, use and transmit data to the above-mentioned credit agencies.

 

In accordance with the provisions of the German Civil Code on financial assistance between merchants and consumers, we are legally obliged to check your creditworthiness.

 

In the case of a purchase by installment payment, we will transmit data on the details of the corresponding installment payment process (your personal data, purchase price, conditions of the installment payment process, start of the installment payment) and the terms of the contract (e.g. early payment, extension of the contract term, payments made) to payolution GmbH. After assignment of the purchase price claim, the bank to which the claim has been assigned will carry out the aforementioned data transfer. In accordance with the assignment of the purchase price claim, we and/or the bank are also instructed to report data on behavior in breach of contract (e.g. termination of the installment payment agreement, enforcement measures) to payolution GmbH. In accordance with the data protection regulations, these reports will only be made if they are necessary to safeguard the legitimate interests of the contractual partners of payolution GmbH or the general public and your legitimate interests are not impaired as a result. payolution GmbH will store the data in order to be able to provide its contractual partners, who grant consumers installment payments or other credit agreements in a commercial context, with information to assess the creditworthiness of customers. Commercial debt collection companies in a contractual relationship with payolution GmbH may be provided with address information to identify debtors. payolution GmbH is only required to transfer data to its contractual partners if there is a credible and legitimate interest in the data transfer. payolution GmbH is required to transmit only objective data without specification to the respective banking institution. Information about subjective assessments of values and personal income are not included in the information provided by payolution GmbH.

 

You can revoke your consent to data processing for the purpose of order processing at any time. The above-mentioned legal obligations to check your creditworthiness remain unaffected by such revocations.

 

By agreeing to these data protection provisions, you expressly release the Bank from banking secrecy pursuant to Art. 14 of the Liechtenstein Banking Act in the event of debt collection by a debt collection agency.

 

You are obliged to provide us with only truthful and correct information.

 

Further information on the processing of your personal data can be found in the full privacy policy here: https://www.unzer.com/de/privacy-payolution-consumers/

 

You can also contact the Unzer Group's Data Protection Officer at the following address:

 

datenschutz-vie@unzer.com

payolution GmbH

Columbuscenter, Columbusplatz 7-8

1100 Vienna

Registration code - data processing (DVR): 40086555