Buyer Protection Policy

These Customer Terms also constitute the Buyer Protection Policy of PLIMPortal AG.

This agreement is a contract between you ("you" or "your") and PLIMPortal AG ("PLIM"). It sets out the terms for our services for processing customers' payments for goods and services to merchants (the "PLIM Services"), which PLIM offers via www.plimportal.com and our application for mobile devices (the "Platforms"), and on the basis of which you can pay for goods or services from one of PLIM's authorised merchants (the "Merchant") through the provision of an interest-free credit (the "Credit") by PLIM.

By registering to use the PLIM Service, you acknowledge and agree to be bound by the terms of this agreement.

Introduction

1. In these Terms:

"Business Day" means any day other than:

a. a Saturday or Sunday; or

b. any other day that is, in whole or in part, a public holiday in Gossau, Canton of St. Gallen, Switzerland.

"PLIM Account" means an account that PLIM creates to enable you to:

a. use the PLIM Service;

b. access information in connection with this agreement and any payment plan; and

c. receive communications under this agreement and any Credit Agreement.

2. These Terms establish the basis on which you may access and use the PLIM Service. If there is any inconsistency between these Terms and other terms on the Website, these Terms shall prevail (except as expressly provided in these Terms). The use of the Platforms and the App is additionally governed by PLIM's General Terms and Conditions; in the event of any conflict, these Customer Terms shall prevail in respect of the credit and payment relationship.

3. Before registering with us or using the PLIM Service, you should read this agreement and PLIM's privacy policy, which can be found at www.plimportal.com and which is incorporated into this agreement by reference.

4. In summary, the PLIM Service works as follows:

a. you register with PLIM to use the PLIM Service;

b. you select a Merchant that offers the option to pay for goods and services using the PLIM Service. Where the Merchant must confirm that you may use the PLIM Service to pay for that Merchant's goods and/or services, this is subject to the Merchant giving such confirmation;

c. you apply for a Credit in order to pay the Merchant; and

d. if your Credit Application is approved by PLIM, you and the Merchant will each receive a confirmation, whereupon your transaction with the Merchant is completed and the Merchant will deliver or provide the relevant goods and/or services to you.

On a Credit Application, an administration fee of CHF 50.00 (including VAT) will be charged to you for carrying out the credit check. This fee is the consideration for carrying out the credit check and is payable irrespective of whether, and in what amount, a Credit is granted; it does not form part of the interest-free Credit.

Registration as a Customer

1. In order to access and use the PLIM Service, you must register as a Customer by completing the online customer application, which can be found when registering a new account at www.plimportal.com (the "Customer Application"). Through the Customer Application, personal information about you is collected, which is used and disclosed by PLIM under the terms set out in the privacy policy, which can likewise be found when registering a new account at www.plimportal.com and which you agree is binding on you.

2. You may also be directed to the Platforms after receiving a request to register with PLIM from a Merchant as part of an in-store or online purchase process.

3. PLIM reserves the right not to register any person as a Customer if that person has not satisfactorily completed the registration process or does not meet the eligibility criteria set by PLIM.

4. You may need to re-register with PLIM from time to time. We will notify you when this is necessary.

5. PLIM's eligibility criteria for registration as a Customer are as follows:

a. you must be a natural person (that is, not a company, trust or other legal entity);

b. you must be a permanent resident of Switzerland or a temporary resident with a valid residence permit;

c. you must have a bank debit card or credit card (Visa or MasterCard) in order to use the PLIM Service;

d. you must be at least 18 years old at the time of registration; and

e. you must have an acceptable creditworthiness, as determined by PLIM at its own discretion. You agree to provide all necessary information that PLIM requires in order to determine your creditworthiness.

6. PLIM will carry out a credit check in respect of you before your registration as a Customer is approved.

7. PLIM may terminate or suspend your registration as a Customer at any time by notice to you if PLIM reasonably considers that you do not comply with these Terms or are otherwise not using the PLIM Service for its intended purpose.

8. You may terminate your registration as a Customer at any time after you have repaid all amounts owed under this agreement. After repayment, you can close your PLIM Account by notifying PLIM via the Platforms or by email to [email protected].

9. If your registration is terminated or suspended, these Terms will continue to apply to outstanding Credit amounts.

10. These Terms apply to you for as long as you are registered as a Customer.

Account Security

1. You are responsible for maintaining the security of your PLIM Account and your password details. We accept no responsibility for unauthorised access to and use of your PLIM Account, unless such unauthorised access or use was caused by our failure to take reasonable measures to prevent such access and use.

2. You acknowledge and agree that any use of your PLIM Account (whether or not with your authorisation):

a. shall be deemed to be use by you for the purposes of this agreement and any Credit Agreement entered into on that basis; and

b. shall not affect your obligations under the agreement, except and only to the extent that the relevant use of your PLIM Account by an unauthorised third party is attributable to negligence, wilful misconduct or a breach of this agreement by us.

Credit Process

1. You may use the PLIM Service only with the Merchants listed on the Platforms. PLIM may introduce new Merchants from time to time, who are added to the Platforms.

2. Your Credit Application must be approved before you can use the PLIM Service with a Merchant. You may apply for a specific Credit at any time after completing the registration process. However, PLIM does not guarantee the successful approval of a Credit Application. The PLIM Service is not available to you, and no further Credits will be approved for you, if you have failed to make a payment due under a Credit Agreement by its due date.

3. Each Merchant has the discretion to decide whether to enter into a transaction with you using the PLIM Service, including transactions relating to the instalment payment of goods or services provided by the Merchant.

Merchants are strictly prohibited from adding any PLIM-related fees, costs or surcharges to Customer invoices. PLIM's BNPL is interest-free (0%) for the Customer and involves no additional costs of the Credit; this is without prejudice to the administration fee for the credit check pursuant to the Introduction. Any inclusion of PLIM fees in Merchant invoices breaches our agreement and may give rise to legal action, including a report to the competent authorities. If you have been charged an additional fee for using the PLIM Services, please notify us at [email protected].

4. PLIM provides the PLIM Service and has not supplied or manufactured any goods or services provided by a Merchant. PLIM makes no representation or warranty regarding a Merchant's goods or services or their availability at any given time. You acknowledge that you have not relied in any way on PLIM's abilities, opinions or assessments in relation to any Merchant's goods or services. You should read the Merchant's terms and conditions relating to the sale of goods and the provision of services.

5. As part of the Credit Application, you must provide PLIM with details of your debit or credit card held with a registered bank, from which payments by you in connection with your Credit are to be made. By providing these details, you agree that PLIM (or PLIM's agent) may set up a payment arrangement against that debit or credit card on the basis of the Direct Debit Request and the Direct Debit Agreement attached to these Terms, for the amounts you are required to pay under these Terms and any Credit Agreement.

6. Following approval of your Credit Application, you may accept the Merchant's offer, and upon acceptance you and the Merchant will simultaneously receive a notification that the transaction has been completed and that a Credit Agreement between you and PLIM takes effect, under which PLIM undertakes to pay the Credit amount to you and you will repay the Credit in accordance with the terms of the Credit Agreement.

7. You agree and acknowledge that, once notified by PLIM that a transaction has been completed, you are obliged to complete the purchase of the relevant goods and/or services. You irrevocably and unconditionally grant us your consent and instruction to pay the invoice amount to the Merchant on your behalf. You agree and acknowledge that any disputes, breaches, defects or other issues relating to a transaction with the Merchant shall not affect your obligations under this agreement or the relevant Credit Agreement.

Settlement

1. Your Credit is deemed to have been granted to you (as part of the settlement of the purchase of goods and/or services from the relevant Merchant) immediately after PLIM has sent you and the relevant Merchant a notification that the transaction has been completed. Your Credit is provided in accordance with the terms of the Credit Agreement offered to you by PLIM at the time the transaction is completed, and requires you to make all scheduled repayments in instalments at the specified times in accordance with the terms of the Credit Agreement.

2. PLIM is responsible for paying the Merchant for the goods or services that you wish to purchase from that Merchant.

3. Once a transaction is activated (i.e. once the Credit Agreement has taken effect), the terms of the relevant Credit Agreement are fixed. In particular, the number and amount of the instalments and the interest rate of 0% can no longer be unilaterally changed by PLIM for that transaction. The Credit remains interest-free and without additional costs for that transaction. Changes to the terms apply exclusively to future transactions that have not yet been activated.

Repayments

1. You must pay all amounts payable by you under a Credit Agreement to PLIM on or before the respective due dates in accordance with the Credit Agreement.

Please note that all non-repayments will be reported to the credit reference agencies and will affect your creditworthiness.

In the event of the Customer's default or late payment, PLIM reserves the right, at its option, to make a report to a debt collection agency.

2. PLIM will automatically debit payments due on the specified dates under your Credit Agreement and the Direct Debit Agreement from the credit or debit card specified in your account details, in accordance with your instructions in the Credit Agreement and the Direct Debit Agreement. You can update or change your preferred debit or credit card details in your PLIM Account at any time. You must ensure that there are sufficient funds available on the debit or credit card you have specified to make the payments due on the due date under your Credit Agreement.

3. You are liable for any fees or charges levied by your debit or credit card provider, unless they arise as a result of our error or a system failure. If the automatic payment process fails (for example because your credit or debit card has expired), you authorise us to charge your credit or debit card at a later time or date in order to settle any liability owed to us.

Your Obligations

1. By holding an account with PLIM, you agree that you:

a. must comply with the terms of this agreement, the Credit Agreement and all other terms notified to you by PLIM;

b. must not provide us with any false, misleading or inaccurate information;

c. must provide and keep up to date contact information about your PLIM Account on the Platforms;

d. must not use the PLIM Service or your account for unlawful, fraudulent or inappropriate activities;

e. must fully cooperate with us to investigate any suspected unlawful, fraudulent or inappropriate activity on your PLIM Account;

f. must not allow anyone else to use your PLIM Account or share your account password details with others;

g. must notify us promptly if you believe that your PLIM Account is the subject of an unauthorised transaction, account takeover, fraudulent activity or security breach;

h. must not open or use any further PLIM Account; and

i. must notify us as soon as possible if you are unable to make payments on time.

Collection Services

1. PLIM will (either itself or through a third-party provider) provide collection and enforcement services (collectively, Collection Services) in respect of your Credits. The Collection Services include:

a. monitoring all payment obligations under each Credit Agreement;

b. taking appropriate measures to contact you regarding payment arrears and to remedy a payment default.

You agree to bear all costs arising from Collection Services.

2. PLIM (or its authorised agent) is entitled to process additional direct debits to cover any collection fees payable by you.

3. PLIM may, at any time and without prior notice to you, set off any amounts owed to us against any debt or liability.

Returns and Refunds

1. Returns and refunds are subject to each Merchant's policy. PLIM will only grant a refund if the relevant Merchant approves the refund for the relevant services that you have paid for with PLIM.

2. You are responsible for contacting the relevant Merchant to request a refund and to cancel a subscription.

3. If purchased services have been cancelled in accordance with the policy and accepted by the Merchant, the Merchant will notify PLIM, and:

a. PLIM only processes refunds and cancellations for Credits where only the down payment has been made. The request for a refund or cancellation must be made within 21 Business Days of the invoice date of the down payment.

b. If the relevant Credit (or part of it) is cancelled, the Credit Agreement will be cancelled (together with any direct debit authorisation you have given in respect of that Credit).

4. PLIM will process the refund of the down payment made on the basis of the total value of the goods and services, less the following cancellation fees:

a. for a total value of the goods and services between CHF 101 and CHF 1,000: cancellation fee = CHF 10;

b. for a total value of the goods and services between CHF 1,001 and CHF 3,000: cancellation fee = CHF 15;

c. for a total value of the goods and services between CHF 3,001 and CHF 5,000: cancellation fee = CHF 25;

d. for a total value of the goods and services over CHF 5,000: cancellation fee = CHF 27.

5. PLIM will notify the Customer of the refund details by email. Once PLIM has received the refund from the Merchant, PLIM will arrange the refund to the Customer. It may take up to 21 Business Days to be credited to your bank account. You acknowledge that you authorise us to process any refunds due to you to the credit or debit card specified in your account details.

Warranties

1. You warrant to PLIM that:

a. all information you have provided to PLIM is true, accurate and complete, and there is no information that would adversely affect PLIM's decision to register you as a Customer or to provide a Credit;

b. you will provide PLIM with updated information in relation to any Credit or personal information if your circumstances have changed since you submitted your application;

c. in the event that the card registered on your account expires before your final Credit repayment instalment, you will use an alternative bank debit or credit card; and

d. in the event of a change to your residential address, email address or telephone number, you will inform PLIM of the change without delay and update the dashboard with your updated information.

Liability

1. You acknowledge and agree that, in respect of PLIM and its respective employees, directors, officers, agents and contractors (together, "relevant persons"), none of the relevant persons shall be liable for:

a. the failure to provide the PLIM Service; or

b. the failure to comply with this agreement where the non-performance is caused by events outside their control; or

c. the failure to offer you a Credit at any time.

2. To the extent permitted by law, PLIM is not liable for any loss or damage that you suffer as a result of the unavailability of the PLIM Service and/or the Platforms.

3. You acknowledge that you do not rely on PLIM's expertise or judgement as to the suitability of the PLIM Service for your particular needs.

4. You acknowledge and agree that PLIM and its affiliated companies may receive a discount or other financial benefit from the Merchant and/or from the person providing the funds for the Credit, in connection with a Credit or the PLIM Service.

5. Mandatory statutory liability is reserved: any advance exclusion of liability for unlawful intent or gross negligence is void pursuant to Art. 100 para. 1 CO; for minor fault, Art. 100 para. 2 CO applies. Liability for personal injury, as well as other mandatory statutory heads of liability, remains unaffected in any event.

Communication

1. You have agreed to receive all communications from us in electronic form. Communications (including any changes to the agreement) will also be made available to you by notice in one of the following ways:

a. published on our Website (to the extent permitted under the agreement); or

b. sent to your email address.

2. You must send communications to PLIM by email to the email address below. For questions about the PLIM Service or these Terms, please contact PLIM as follows: [email protected].

Dispute Resolution

1. PLIM will not resolve any disputes that you have with a Merchant in relation to goods or services that you have obtained via the PLIM Service. Please contact the relevant Merchant directly.

The outcome of a dispute with a Merchant does not affect PLIM's rights and claims under this agreement or the Credit Agreement, unless expressly provided for in the clauses.

2. If you have a disagreement with us, PLIM suggests that you first contact PLIM in order to resolve the disagreement as quickly as possible: email: [email protected].

Changes to the Agreement

1. PLIM may change this agreement and the manner in which PLIM provides the PLIM Service at any time by notice on the Platforms. You should review the Platforms regularly. For material changes to this agreement, we will provide you with notice as soon as reasonably possible (and at least thirty (30) days in advance). Such changes apply from the date specified on the Platforms.

2. Please read the revised version of the agreement carefully before making a purchase via the PLIM Service. If you do not agree with the revised version of the agreement, do not make any further purchases via the PLIM Service.

3. To obtain a digital copy of the current terms of the agreement, please email us at [email protected].

4. If you do not agree with changes that we make to this agreement, you may terminate this agreement by repaying all amounts owed under this agreement and any Credit Agreement and, once this has been done, closing your PLIM Account.

Assignment

1. You may not transfer or assign any of your rights or obligations under these Terms without the prior written consent of PLIM.

2. PLIM may transfer or assign all of its rights and obligations under your Credit Agreement or this agreement to any person at any time without your consent.

Anti-Money Laundering Obligations

PLIM has due diligence and other obligations towards Customers under the Anti-Money Laundering Act (AMLA). You agree to provide PLIM, promptly on request, with all information and documents reasonably required to enable PLIM to comply with these obligations.

Governing Law

This agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Switzerland. You agree that the Swiss courts at PLIM's registered office shall have exclusive jurisdiction.

Definitions and Interpretation

1. In these Terms:

a. headings are for convenience only and do not affect the interpretation of these Terms;

b. references to "you" or "your" refer to the Customer;

c. references to the singular include the plural and vice versa;

d. a reference to a party includes its permitted assignees or transferees;

e. any reference to PLIM includes any entity that replaces it;

f. the term "liability" of a person includes references to its liability on any legal basis, whether in contract, tort or under statute;

g. references to a document (however described) refer to that document as amended, supplemented, adapted or replaced, and in any form, whether on paper or in electronic form; and

h. a reference to legislation refers to that legislation as amended or replaced from time to time and includes any regulations or statutory instruments made under it.

2. Direct Debit

Direct Debit is an automated process that carries out your PLIM payments from the credit or debit card of your choice.

3. Direct Debit Request

The request for, and authorisation to, debit your credit or debit card for payment to PLIMPortal AG ("PLIM").

4. Request and Authorisation to Debit

You request and authorise PLIM to arrange, through its own financial institution, for any amount PLIM may debit to your selected credit or debit card.

This debit is made from your selected debit or credit card and is subject to the terms of the Direct Debit Agreement.

5. Acknowledgement

By authorising this Direct Debit Request, you acknowledge that you have read and understood the terms for the debit arrangements between you and PLIM pursuant to this request and your Direct Debit Agreement.

6. Payment Details

This authorisation applies to all payments under the PLIM Customer Terms and any Credit Agreements entered into by you.

7. Electronic Signature

You authorise and agree to the terms of this Direct Debit Request and the Direct Debit Agreement.

Direct Debit Agreement

This is your Direct Debit Agreement with PLIM. It explains the obligations you have when you enter into a direct debit arrangement with us. It also sets out the obligations we have towards you as your direct debit provider. Keep this agreement for future reference. It forms part of the terms of your Direct Debit Request and should be read together with your direct debit authorisation.

1. Definitions

Account means the debit or credit card account with your financial institution from which we are authorised to arrange debits.

Business Day means a day that is neither a Saturday nor a Sunday nor a public holiday in Gossau, Canton of St. Gallen.

Debit Day means the day on which payment by you to us is due.

Debit means a specific transaction on which a charge is made.

Direct Debit Request means the direct debit request between us and you.

We or us means PLIM (the Debit User) whom you have authorised by a Direct Debit Request.

You means the Customer who has signed or otherwise authorised the Direct Debit Request.

Your financial institution means the financial institution you have nominated at which the Account is held.

2. Debiting Your Account

a. By signing a Direct Debit Request or by providing a valid instruction, you have authorised us to make debits from your selected debit or credit card. You should refer to the Direct Debit Request and this agreement for the terms of the agreement between us and you.

b. Sign electronically: you agree to sign a Direct Debit Request electronically or to give us a valid instruction electronically.

c. We will only make debits from your selected debit or credit card as authorised in the Direct Debit Request, or on alternative terms proposed by you and accepted by us.

d. If the Debit Day falls on a day that is not a Business Day, we may instruct your financial institution to debit your selected debit or credit card on the following Business Day. If you are unsure on which day your selected debit or credit card was or is to be debited, you should ask your financial institution.

3. Changes by Us

We may change details of this Direct Debit Agreement or of a Direct Debit Request at any time by giving you at least thirty (30) days' prior written notice.

4. Your Obligations

a. It is your responsibility to ensure that sufficient funds are available on your selected debit or credit card to allow a debit payment under the Direct Debit Request.

b. If there are insufficient available funds for a debit payment:

i. you may be charged fees and/or interest by your financial institution;

ii. you may also bear fees or costs imposed by us; and

iii. you must ensure that the debit payment is made by another method, or that sufficient funds are available on your selected debit or credit card by an agreed time, so that we can carry out the debit payment.

c. You should check your account statement to ensure that the amounts debited from your Account are correct.

5. Dispute

a. If you believe that an error has occurred in debiting your Account, you should notify us directly at [email protected] and confirm that notice in writing so that we can resolve your query more quickly. Alternatively, you can contact your financial institution directly.

b. If, as a result of our review, we conclude that your Account has been incorrectly debited, we will respond to your request by instructing your financial institution to adjust your Account accordingly (including interest and fees). We will also notify you in writing of the adjusted amount.

c. If, as a result of our investigations, we conclude that your Account has not been incorrectly debited, we will respond to your request by notifying you in writing of the reasons and, where applicable, providing evidence of this finding.

6. Accounts

You should check:

a. whether the debit or credit card details you have provided to us are correct, by reviewing them regularly; and

b. with your financial institution before completing the Direct Debit Request, if you have any questions about completing the Direct Debit Request.

7. Confidentiality

a. We will treat all information (including your selected credit or debit card details) in your Direct Debit Request as confidential. We will make reasonable efforts to ensure that all information we hold about you is kept secure and that all of our employees or agents who have access to information about you do not make any unauthorised use, alteration, reproduction or disclosure of that information.

b. We will only disclose information we hold about you:

i. to the extent expressly required by law; or

ii. for the purposes of this agreement (including the disclosure of information in connection with any queries or claims).

c. For security and compliance reasons, debit card details are not stored by us. We store the information only as a secure token representing your card number, and this secure token is used when your payments are processed.

8. Notice

a. If you wish to notify us in writing about anything relating to this Direct Debit Agreement, please send an email to [email protected].

b. We will notify you by sending a notification by email, as provided for in the electronic consents you have given, or by post to the address you have specified in the Direct Debit Request.

c. Any notice is deemed to have been received on the third Business Day after dispatch.