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General Terms and Conditions & Privacy Policies

(Germany – updated on: June 15th 2017)

I have read and understood the following General Terms and Conditions and Privacy Policies of BillPay GmbH (BillPay). I agree to the usage of my personal data in accordance with this Privacy Policy.

 

General Terms and Conditions for Purchase by Invoice and Purchase by Direct Debit with BillPay

  1. BillPay offers the Payment methods “Purchase by Invoice” (Rechnungskauf) and/ or „Purchase by Direct Debit” for customers of the online-shop or respectively its owner (merchants) as an external service. Purchase by Invoice and Purchase by Direct Debit are only available for consumers (§ 13 BGB) from the age of 18 years and above. Please note that by Purchase by Invoice and by Direct Debit, the delivery address, home address and billing address must be identical.
  2. SEPA Direct Debit mandate for Purchase by Direct Debit/ Handling fees:
    Herewith, you grant BillPay GmbH a SEPA-Direct Debit mandate to collect overdue payments and will instruct your financial institution to honor all direct debits drawn on your account. The BillPay creditor identification number is DE19ZZZ00000237180. The mandate reference number will be given to you at a later point in time via e-mail.Note: You can within eight weeks, beginning with the debit date, reach a refund of the amount charged. The conditions agreed upon with the financial institute will apply. Please note that a due demand will also remain by a return debit note. More information is available at www.billpay.de/en/sepa/.

    The advance notice of the entry of the SEPA-Direct Debit will be sent to you at least one day before the due date via e-mail to the e-mail address that you specified during the ordering process. If the checking account does not have sufficient funds, the bank on its part shall not have any obligations to pay. Partial payments are not made with regard to Direct Debit.

    With the representation of the checking account you confirm that you are authorized to debit the corresponding checking account and will provide the necessary funds.
    Return debits are accompanied with high effort and costs for BillPay.
    In case of a return debit (for lack of required coverage of the checking account, due to expiration of the checking account or unauthorized opposition of the account holder), you authorize BillPay to submit the Direct Debit for each overdue payment obligation again. In such a case, you are required to pay the costs incurred by the return debit. Further claims are reserved.

    Given the effort and costs of returned direct debit mandates and to avoid any processing fees, we kindly ask you not to object to the direct debit in the event of a cancellation, rescission of the purchase agreement, a return or a complaint. In such case, following consultation with the merchant, the reverse transaction of payment will be effected by remitting or crediting the respective amount.
    If, in the event of a direct debit, the institution holding the account which has been charged with the direct debit returns the mandate resulting from the receivable of the contract of sale, based on reasons attributable to the customer, the customer is obliged to pay damages in the lump sum amount of EUR 5.30. The customer herewith reserves the right to provide evidence that BillPay GmbH incurred no or only minor damages.

  3. The contract of sale of goods is concluded exclusively between you and the merchant. The contract of sale shall be governed by the terms of the merchant. In particular, the merchant is responsible for general customer inquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, revoking- and entitlement claims as well as credits.
  4. BillPay takes over the invoiced amount from the merchant after conclusion of the purchase agreement and shall be responsible for the payment arrangements. Payments shall be made only to BillPay’s account as specified in the invoice within the payment period set forth by the merchant.In the event that the customer (private individual) is in default with paying the invoiced amount, BillPay GmbH shall have the right to charge customer with a late payment fee of EUR 3.30 for each payment reminder. The customer herewith reserves the right to provide evidence that BillPay GmbH incurred no or only minor damages. The lump-sum late payment fee shall be set off against any payable damages arising out of any returned direct debit mandates (point 2.).
  5. In the “My BillPay” Customer Portal (thereinafter: “Customer Portal”), it is possible to defer a payment due date for outstanding dues under a deferral payment agreement. The opportunity to defer a payment due date is linked to a variety of criteria. Therefore, it is possible that this service cannot be offered in individual cases, for e.g. for claims already dunned. An extension may be granted thrice per order for the respective online-merchant. The payment due date can be extended by 5, 30 or 60 days. For every deferment plans a service fee will become due, which will be shown upon your selection of the desired payment date. The service fee will be added to the initial debt and will become payable at the matured due date. Upon successful deferral of the payment date, you will receive an confirming e-mail. Therein is the increased bill as well as the new payment due date. Following the payment extension a change to the original payment date is no longer possible. Thus, a reimbursement of the incurred service charge is excluded.

    The Customer Portal may be used by individual persons, who are at least 18 years of age and who have already made a purchase with BillPay’s payment option Payment by Invoice in an online-shop. When registering for the first time, you must provide the e-mail address used for the respective order in the online shop as well as the order number. Thereafter, the user will receive a confirmation e-mail and must create a unique password, which will be linked to the e-mail address attached to the order and used for future login. The user may view all orders connected with all e-mail addresses. The login data shall not be disclosed or made available to others. It is the responsibility of the registered user to prevent as well as to inform BillPay, should he/she suspect a third party has unauthorized access to his/her Customer Account. BillPay will be mandated by the legal minimum requirements for possible warranty, liability or guarantee for any damages incurred by the registered user. The legal right to use the Customer Portal does not exist.

    At any point in time, a registered user may delete his/her customer account by contacting kundenportal@billpay.de. BillPay can at any point in time change, restrict or interrupt the Customer Portal. Specifically, BillPay grants no warranty, liability or guarantee for cases in which loss of data occurs, unless due to mandatory statutory provisions. BillPay reserves the right to delete the customer account access.

Privacy Policies

  1. Consent to the use of your data
    1. BillPay checks whether your request for Purchase by Invoice, Purchase by Direct Debit or Purchase by Installment can be met, taking into account possible default risks, or in coordination with the merchant another payment method will be offered.To this end, after confirming your requested payment method, Purchase by Invoice, Direct Debit or Purchase by Installment, BillPay conducts its own identity- and credit check.
    2. By agreeing to this Privacy Policy, you agree that the merchant for the purpose of identity and credit check may transfer your data (first and last name, street, house number, postcode, city, date of birth, telephone number and with regard to Purchase by Direct Debit the specified bank account, each personal information) as well as data related to your order (such as shopping cart, order history, payment experiences, IP address and in connection with your personal information also dates related to your Person) to BillPay . You agree that BillPay may store, process and use the personal information under this Privacy Policy.
    3. Further, you agree that BillPay or partner companies commissioned by BillPay may save and submit your personal information for purposes of identity and credit checks to credit reporting agencies (credit bureaus) and may obtain these information about you and, if necessary, credit information based on mathematical and statistical methods. Furthermore, you agree that BillPay or partner companies commissioned by BillPay may store your personal information in its own database and may use them for other counterparties where the latter has demonstrated to the satisfaction a legitimate interest in the disclosure of information pursuant to the Federal Data Protection Act in a particular case.
      This can be the following agencies:
      Germany:

      • CRIF GmbH, Dessauerstraße 9,
        D-80992 München, Tel.: +49 89 724 488 0, Fax: +49 89 724 488 22
      • Creditreform Boniversum GmbH, Hellersbergstraße 11,
        D-41460 Neuss, Tel.: +49 (0)2131-109-501, Fax: -557
      • Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18,
        D-22761 Hamburg, Tel.: +49 (0)40-89803-0, Fax: -777
      • SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden
        (Auskunft über die Sie betreffenden gespeicherten Daten erhalten Sie bei der SCHUFA Holding AG, Verbraucherservice, Postfach 5640, 30056 Hannover)
      • Regis24 GmbH, Zehdenicker Str. 21,
        D-10119 Berlin, Tel.: +49 (0)30 44350-240, Fax: -249
      • Bisnode Deutschland GmbH, Robert-Bosch-Straße 11,
        D-64293 Darmstadt, Tel.: +49 (0)6151 380-0, Fax: -360

      Austria:

      • CRIF GmbH, Diefenbachgasse 35/1,
        A-1150 Wien, Tel.: +43 (0)1 897 42 440, Fax: +43 (0)1 897 42 431
      • Bisnode Austria Holding GmbH, Geiselbergstraße 17,
        A-1110 Wien, Tel.: +43 (0)1 58861-0, Fax: +43 (0)1 58861-3444

      Switzerland:

      • CRIF AG, Hagenholzstrasse 81,
        CH-8050 Zürich, Tel.: +41 (0)44 913 50 58
      • Bisnode D&B Schweiz AG, Grossmattstrasse 9,
        CH-8902 Urdorf, Tel.: +41 (0)44 735 61 11, Fax: +41 (0)44 735 61 61
    4. In special cases, if you have given your consent to the identity and credit check as well as to these privacy policies for all purchases in regard to respective stationary stores, you have the right to withdraw your consent at any time. For the withdrawal please see points 5 and 6 of these privacy policies.
    5. If you chose Purchase by Installment via BillPay, your data to enable the Purchase by Installment will be transmitted via deposit to the partner company GiroSolution AG, Hauptstraße 27, 88699 Frickingen, as well as processed, stored and used.
    6. By agreeing to this Privacy Policy, BillPay and partner companies commissioned by BillPay are entitled to store, use and process data on non- contractual behavior (e.g. undisputed outstanding debts) as well as transmit them to credit agencies. These messages may only be made according to the Federal Data Protection Act, to the extent permitted by balancing all the interests involved and in particular the reporting requirements pursuant to § 28a German Federal Data Protection Act have been met. The credit bureaus store and transmit the data to its contractual partners within the EU internal market in order to provide this information for assessing the creditworthiness of natural persons. SCHUFA’s contractual partners are primarily banks, credit card and leasing companies; beside the credit bureaus give information to trading, telecommunications and other companies that provide goods and services on credit. The credit bureaus only provide personal data if a legitimate interest thereon has been demonstrated to the satisfaction in the individual case. To determine debtors the credit bureau announces address data. In the provision of information to the contractual partners the credit bureaus may provide from their respective dataset calculated probability values for the assessment of credit risk (score method).
    7. All data transfers take place within the legally permissible and in consideration of your legitimate interests to the exclusion of the transmission or use. You can refer to the relevant agencies as well as to BillPay for information about the data stored concerning you.
  2. Other uses of your personal data
    1. BillPay is aware that the careful handling of your personal information is important to you. Therefore your personal data will in addition to the purposes of identity and credit checks be processed, used, stored and if necessary transmitted in accordance with the relevant data protection for the following purposes only:
      • Processing of payments for Purchases on Account and Purchase by Direct Debit with BillPay (including dunning and collection procedures) as well as for the provision of customer service through the merchants connected to BillPay and/ or by us
      • Analysis of customer payment behavior (internal analysis of customer behavior and credit agency request), possibly even for connected merchants
      • Analysis and exchange of data for fraud prevention purposes (use of tools for identifying and blocking potential fraudsters)
      • Sending e-mails and letters in connection with the provision of our services to you as customers and your online merchants
      • Analysis and maintenance of our databases and customer lists
      • Announcement by statutory or regulatory obligations and the enforcement of BillPay’s rights and to protect other BillPay customers.
    2. BillPay reserves the right to the purposes described above to transfer personal data to BillPay’s authorized service provider or financial partners, or to grant access to these, so far as is necessary to fulfill their tasks.
    3. BillPay will not sell personal data to third parties for advertising purposes.
  3. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on the users’ computers, to help the website analyze how users use the site. The information generated by the cookie about the use of the website by users will be transmitted to and stored by Google on servers in the United States. The IP-anonymisation is activated on this website and the users’ IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating the users’ use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

    The users can also prevent the collection of data generated by the cookie and data related to their use of the website (including their IP address) as well as the use of such data by Google by downloading and installing the browser plug-in that is available under:
    http://tools.google.com/dlpage/gaoptout?hl=en.

    In case this website is being used via browsers from mobile devices, the users can refuse the use of Google Analytics by clicking on the following link:
    Disable Google Analytics for this browser.
    By clicking the above link, a cookie will be set on your device that prevents the collection of data via Google Analytics. The deactivation is valid only for this browser and for this domain and only as long as this cookie is saved and valid. In case the users delete the cookies in this browser, they have to click the link again in order to deactivate Google Analytics.

  4. This website uses etracker technology (www.etracker.com) to collect visitor behavior data. This data is collected anonymously to be used for marketing and optimization purposes. All visitor data is saved using an anonymous user ID and can be aggregated to a usage profile. Cookies may be used to collect and save this data, but the data remains strictly anonymous. The data will not be used to identify a visitor personally and are not aggregated with any personal data. The collection and storage of data may be refused at any time with respect to subsequent services..
  5. Withdrawal of consent, information, correction, blocking and deletion of personal data
    1. Your consent to the collection, processing, use, or transfer of your personal data, can be withdrawn at any time without incurring any costs other than the transmission costs for the base rates. Even with a revocation BillPay remains entitled to process, use or transmit to the extent required by law or necessary for the contractual settlement of Purchases on Account or Purchases by Direct Debit with BillPay or required by a court or an authority.
      Please send your withdrawal to privacy@billpay.de
    2. You are also entitled to receive free information about the data stored at BillPay and if necessary correct, terminate or delete this data.
  6. Privacy Officer

    Please contact on matters relating to the collection, use, processing or transfer of your personal data as well as for information, correction, lockouts or erasure of data in writing the Privacy Officer:

    External data protection officer
    Michael Schramm
    c/o HK2 Comtection GmbH
    Hausvogteiplatz 11A
    D-10117 Berlin
    datenschutzbeauftragter@billpay.de