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General Terms & Conditions (T&Cs) for purchase on account, payment by instalment or payment by SEPA Core Direct Debit from Emma Matratzen GmbH (hereinafter “we”)(Last update: Nov 17, 2016)
We offer our customers the payment types “purchase on account” (invoice) and/or “payment by instalment” and/or SEPA Core Direct Debit (in the following also referred to as “services”). For all these types, we assign the receivable to net-m privatbank 1891 AG (hereinafter “our bank”).
Purchase on account, payment by instalment and payment using SEPA Core Direct Debit are available only to consumers aged 18 and over. With this service, you can acquire goods over the Internet and do not need to pay until you have received both the goods and the invoice, or you can make payments in convenient instalments, or the amount is debited from your bank account by means of a SEPA Core Direct Debit.
All our services are subject to 60F(2) of Part I of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (as amended) and are therefore provided to you without interest or other charges and have to be repaid (at the latest) within 12 month, in 12 or fewer payments. However, within that maximum period it is upon our bank to decide as to the actual repayment period as well as to decide upon the actual amount of repayments (within maximum 12).
The contract of sale for the goods is concluded exclusively between you and ourselves. The contract of sale is also processed in accordance with the agreements that you make with us. In particular, we also remain responsible for general customer queries (e.g. on goods, delivery time, shipping), returns, complaints, warranty claims, withdrawals from the contract (where applicable) and credit notes. If you opt to use purchase on account, payment by instalment or SEPA Core Direct Debit, these Terms and Conditions apply in addition to those agreements and T&Cs that you have agreed with us in the context of the contract of sale.
For the processing of a purchase on account, a payment by instalment or payment using SEPA Core Direct Debit, we will assign our claim against you for payment of the purchase price to our bank. You are hereby informed about this assignment of the receivable. With accepting this Terms and Conditions you agree to such assignment of our claim of the purchase price against you to our bank. At the same time we ensure that by such assignment your rights under this agreement will not be prejudiced. To discharge outstanding debt, all payments must be made solely to our bank and to the account whose details you have been given for this purpose. Goods remain the property of our bank until full payment has been made.
Our technical service provider and service provider for reviewing your creditworthiness when purchasing on account, using payment by instalment or choosing to pay via SEPA Core Direct Debit is the company payolution GmbH (www.payolution.com). The credit assessment is therefore undertaken by payolution GmbH on behalf of the bank before the customer acquires the dealer's goods.
- When paying by SEPA Core Direct Debit
If payment by SEPA Core Direct Debit has been agreed, we will send you an invoice that is due immediately and in full on receipt of this invoice. The amount due will be debited from the account specified by SEPA Core Direct Debit.
At least one calendar day before the due date of the debit payment, we will inform you of the debiting of your account by SEPA Core Direct Debit.
You confirm that you are authorised to grant a SEPA Direct Debit Mandate for the account that you have specified in the order process. You must ensure your account has sufficient funds to cover payment. If your account does not have sufficient funds, you will bear any costs incurred by the direct debit reversal procedure.
In the event of an order cancellation, a withdrawal from the contract, a return or a complaint, please do not ask your bank to reverse the SEPA Core Direct Debit payment, to avoid unnecessary effort and costs. The sum of money to be repaid by us to you will either be credited back to the account debited by the SEPA Core Direct Debit or we may also agree to issue you with a credit note.
By placing your order and accepting these Terms and Conditions, you grant a SEPA Direct Debit Mandate containing the following details to:
- net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany
- Creditor identifier: DE62POL00000009232
- Mandate reference separate notification will be given
- SEPA Direct Debit Mandate
I authorise net-m privatbank 1891 AG to collect payments from my account by direct debit. At the same time, I also instruct my bank to honour the direct debits requested from my account by net-m privatbank 1891 AG. Notice: I can demand repayment of the debited amount within eight weeks, starting on the date that the direct debit was made. In this case, the conditions apply that I have agreed with my bank.
- Name of account holder: as specified in the order process
- IBAN: as specified in the order process
- Date of grant: date of your order
- Forms of payment and interest rates
When paying by instalment, we will inform you about the material conditions of the contract to meet our obligations to provide pre-contractual information as specified in Directive 2008/48/EC concerning consumer credit agreements. This information will be shown on our data input screen or other suitable electronic medium and in a subsequent summary provided to you for retention or storage. Following contract conclusion, and no later than the delivery of the goods, this information will also be communicated to you in a storable electronic format or in writing.
If, due to a special agreement between us or as a result of legal provisions, you should withdraw from the contract of sale, return the goods, assert a claim for a reduction in price or have any other reasons for not being obliged to render your payment in whole or in part, our bank will in this case reassign our claim against you for payment back to us. A final agreement on payment or the unwinding of the contract will then need to be concluded between us.
When choosing pay by instalment, we offer a maximum of 12 instalments which need to be paid within a 12 month period.
- Termination and early repayment
Early termination of an agreement on payment by instalment is possible by making an early repayment. You have the right to repay the credit amount before expiry of the stipulated term either in whole or in part at any time. On early repayment, your interest payments are reduced in accordance with the reduction in the receivable and in accordance with the corresponding reduction to the contractual term; costs based on the contractual term are reduced proportionally.
- Warning: consequences of missed payments
If payments are late for purchase on account, payment by instalment and payment by SEPA Core Direct Debit, late payment interest becomes due at the agreed amount, and costs are incurred for reminders about these payments. If its own reminder system fails to secure payment, our bank may pass unpaid receivables to a debt collection agency. In this case, you may be charged legal costs by the collection agency and may also incur personal expenses for legal representation.
Please note: when paying by instalment, missed payments to the bank to whom we have assigned the purchase price receivable entitle our bank to terminate the instalment plan agreement after sending you a written reminder and granting you a grace period to make payment. After termination, the entire unpaid amount is then due immediately.
- Applicable law and place of jurisdiction
Insofar as legally permissible, the place of performance for all business is the company’s registered head office. The language for contracts, ordering and business is English.
The contractual relationship you conclude with us is governed solely by the law of the United Kingdom. All disputes arising from the contract we conclude with you are to be heard before the court of your place of general jurisdiction. No agreement has been made for settling legal disputes from this contractual relationship by means of an out-of-court grievance or mediation procedure. If a provision of these T&Cs should prove invalid, this does not affect the validity of the remaining provisions of these T&Cs.
This notice explains how your personal information will be used and shared if you apply for deferred payment on this product.When you apply
When you apply, Emma Matratzen GmbH ("we") will share information about you (eg name, contact details, date of birth, IP address, sex, requested product and requested repayment plan) with payolution GmbH ("Payolution"), whose registered office is at Am Euro Platz 2, 1120 Vienna, Austria, so that they can help us verify your identity, make credit or credit related decisions about you, prevent and detect fraud and/or money laundering.
Payolution will search for information about you and your financial associates from databases in the public domain as well as from other credit reference agencies, including: o CallCredit Information Group Limited, One Park Lane, Leeds, West Yorkshire, LS3 1EP These credit reference agencies and Payolution will also place a search “footprint” on your credit file whether or not your application proceeds. The information which other credit reference agencies receive may also be supplied to other organizations and used by them to perform similar checks.
If false or inaccurate information is provided and fraud is identified, your information will also be passed to fraud prevention agencies to prevent fraud and money laundering.
In very limited circumstances, Payolution and others may also use your information as required or permitted by law.
- If your application is successful
If your application is successful, information about your repayment plan (eg purchase price, term of the instalment plan, date of first instalment) and the way you repay it (eg extensions to the term, repayments made) is also shared with Payolution. Payolution may then also use this information to help assess your creditworthiness.
When we transfer your repayment plan to net-m Privatbank ("the Bank"), we also share your personal information with them as they become responsible for your repayments. The Bank and not us is responsible for how it uses your personal data. The Bank may also share further information about your repayments with Payolution, which may also be used by Payolution to help them assess your creditworthiness.
In very limited circumstances, Payolution and others may also use your information as required or permitted by law.
If you do not keep up your repayments
If you do not make payments that you owe the Bank, Payolution may use your information to trace your whereabouts and recover debts. In order to do this, Payolution (or the Bank) may share your address data with commercial debt collection agencies under contract with Payolution.
- How to find out more
If you have any questions about the use of your personal data that is currently held on file by Payolution, please contact them at firstname.lastname@example.org.
You can learn more about the Bank's privacy practices and how to contact them here https://www.privatbank1891.com/en/footer/data-protection/.
You can contact CallCredit to find out what information they hold about you by writing to 'CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ' or by calling 0870 0601414.