Whenever the masculine form is used to refer to persons below, it is always meant to include males, females, and non-binary people.
Customer information
The following customer information gives a clear and concise overview of the identity of the lender and the essential content of the consumer loan agreement. The rights and obligations of the contracting parties arise from the bob credit Agreement, these GLTCs, as well as the applicable laws, in particular from the Consumer Credit Act.
Lender
The Lender is bob Finance, a branch of Valora Switzerland AG, P.O. Box 1116, 8031 Zurich (hereinafter referred to as "bob Finance”).
bob Finance is free to make an offer and/or enter into a loan agreement with the Customer.
1. Communication and transmission of data
a. Communications from bob Finance shall be deemed duly delivered if sent to the postal or e-mail address or mobile telephone number last given by the Customer.
b. The Customer hereby agrees that all correspondence between him and bob Finance can be bindingly delivered not only by post but also by e-mail or via SMS. Any loss or damage arising from the use of the above-mentioned means of transmission shall be borne by the Customer, providing that bob Finance has exercised the due care customary in business.
2. Information and reporting obligations
a. The Customer hereby authorises bob Finance to obtain from third parties all information that is prescribed by law and necessary in order to enter into and perform this Agreement. This includes information from (a) public authorities, such as the competent debt collection office to obtain an extract from the debt collection register concerning the Customer, the competent residents' registration office to verify the residence, as well as the adult protection authorities to ascertain any guardianship in the event of a justified suspicion, and (b) private entities, such as the Customer’s employer, as well as the Consumer Credit Information Office (IKO) and Central Office for Credit Information (ZEK). Under certain circumstances (only if there are reasonable doubts about the authenticity of the submitted salary certificates or statements), bob Finance may contact the Customer’s employer using the contact details provided by the Customer in order to verify the information contained in the submitted salary certificates. In that case, both the specified salary and the status of the employment relationship will be checked. The employer will not be informed of the nature or scope of the services of bob Finance or any further information about the Customer. The Customer shall release such entities from official and business secrecy for the above-mentioned purposes. Any data blocks ordered by the Customer shall be deemed inapplicable to bob Finance.
b. The Customer further authorises bob Finance to report the bob credit Agreement to the IKO and ZEK and, if so required by law, to other entities, as well. More specifically, the type of credit and financing, the amount and terms thereof, as well as the applicant’s personal details shall be reported, along with any serious payment arrears or abuse. The Customer hereby acknowledges that the ZEK and the IKO will share information about the reported data with their members upon request in connection with new leasing or loan applications.
c. In the event the Customer has provided information about a third party living in the same household (third party) in the bob credit application, the Customer hereby confirms that:
(i) he has informed the third party about that application,
(ii) bob Finance is authorised to check the above-mentioned information through direct inquiries with the third party, and
(iii) the third party consents to bob Finance obtaining information about it as described above (including by making information queries with the ZEK)
3. Changes of name or address
a. The Customer shall immediately notify bob Finance in writing of any change of name or address (including any change to the e-mail address or telephone number). If bob Finance incurs any costs for address tracing, these may be charged to the Customer at cost (in accordance with the Fee Schedule; see section 4 below).
b. If the Customer transfers his residence abroad, the loan must be repaid in full prior to departure. In that case, the Customer shall be entitled to a waiver of the interest accruing on the remaining term and to a reasonable reduction in the costs attributable to the unused portion of the loan term..
4. Expenses
a. Costs occasioned by the Customer shall be invoiced by bob Finance in accordance with the current Fee Schedule. The Fee Schedule forms an integral part of this Agreement.
b. In addition, the Customer shall be charged for all third party costs (e.g. postage costs). The full costs of debt enforcement shall also be borne by the Customer. Any other charges and costs beyond the control of bob Finance shall likewise be invoiced to the Customer to the extent that they were occasioned by the Customer.
5. General Loan Terms and Conditions
bob Finance is entitled to amend the General Terms and Conditions and the terms of the bob credit Agreement at any time by circular letter or in any other suitable manner. Any amendments shall be deemed to have been accepted unless the Customer lodges a written objection with bob Finance within one month after dispatch of the information. Any agreements that are not documented in the bob credit Agreement shall require bob Finance’s written approval. Any oral side agreements shall be invalid. The invalidity of any individual contractual terms shall not affect the validity and binding effect of the remaining terms.
6. Offsetting and assignment by the Customer
The Customer shall not be entitled to offset any of its own claims against its obligations towards bob Finance. This prohibition on offsetting shall also apply in the event that bankruptcy or debt restructuring procedures are brought against bob Finance. The Customer shall not assign any of its own claims against bob Finance to third parties.
7. Outsourcing, transfer and assignment by bob Finance
a. The Customer agrees that bob Finance may transfer or assign the loan agreement in its entirety, including any or all rights and obligations, along with any rights and security interests arising thereunder, to group companies of bob Finance (i.e. companies under the direct or indirect control of bob Finance or companies under joint control) and/or third parties either in Switzerland or abroad (e.g. for the purposes of collection, securitisation or outsourcing). bob Finance may make the Customer’s data available to such group companies and/or third parties for that purpose.
b. The Customer agrees that bob Finance may engage Swiss and foreign bob Finance group companies and companies from outside the group for the purpose of providing customer support and other services related to this Agreement, such as call centres, debt collection service providers, agencies or IT security and system control services.
8. Applicable law and place of jurisdiction
The bob credit Agreement shall be governed by Swiss law. Unless required otherwise by law, the courts of Zurich shall have jurisdiction over all disputes arising out of the bob credit Agreement.
Lending that leads to over-indebtedness is prohibited (Art. 3 of the Unfair Competition Act).
bob Finance, branch of Valora Schweiz AG