General Terms and Conditions

1. PEND is a platform of TFTW GmbH, based in Basel (registered in the commercial register of the Canton of Basel Stadt under company number CHE-318.175.563, hereinafter referred to as the "Provider"). 
2. These General Terms and Conditions (GTC) govern the contractual relationships between the provider and the customers (hereinafter referred to as "customers") for the Shopify payment methods (TWINT, PowerPay, PostFinance and any Datatrans connections (incl. TWINT via Datatrans)) offered via the website www.pend.ch (hereinafter referred to as "website") as well as the payment method for WiX - TWINT (hereinafter referred to individually or collectively as "plugin").
3. By ticking the checkbox in front of the text "I confirm that I was able to view the General Terms and Conditions (GTC) here and that I accept them with my order and recognize them as binding for me" or by clicking the order button, customers acknowledge the binding nature of these GTC as part of the contract. 
4. These provisions apply to both natural persons and legal entities, whereby the customers are in any case engaged in business activities in connection with the chargeable order/use of the plugin and therefore no consumer contract/consumer relationship can exist or such a relationship is excluded.
5. These GTC exclusively govern the contractual relationship between the Provider and the Customer in accordance with the above Sections 1 and 2 of these GTC. Conflicting contractual terms and conditions or contractual terms and conditions that deviate from these GTC shall not be recognized unless the Provider has expressly agreed to them in writing in individual cases. These General Terms and Conditions apply exclusively to all users, irrespective of whether access to the Provider's website and use of the website is from/in Switzerland or from abroad.
6. The Provider reserves the right to amend and supplement the GTC at any time at its own discretion in order to take account of new circumstances or changed circumstances. These shall be notified to the customer by e-mail to the e-mail address provided to the provider or by other suitable means and shall be deemed approved unless the provider receives a written objection within 30 days of the date of notification. The respective (approved) version at the time of purchase or - at a later date - the (automatic) renewal of the annual subscription shall apply (see the following section in this regard), to which the customer agrees by clicking on the corresponding box when purchasing the plugin for the first time.

1. The subject matter of the contract is all services and mutual contractual obligations in connection with the paid use and ordering of the plugin on the provider's website.
2. Further information (subject of the offer) in connection with the fee-based plugin can be found at the domain address www.pend.ch . The content/advertisements shown on the website may deviate from reality for technical reasons. The photos or advertisements shown therein - should they be of any contractual relevance - are for illustrative purposes only, they do not constitute a binding offer and no warranted characteristics can be derived from them.
3. Based on the above § 2 clauses 1 and 2, the Provider is only obliged to provide and implement the plugin developed by it for the Customer in accordance with the implementation steps described on the website (see clause 4 et seq. below). However, the independent relationship of the customer with or its independent use of the offer of Shopify, Wix, TWINT, Postfinance, Datatrans, MF Group AG or any other acquirer, for which an independent contractual relationship arises between the customer and the third-party providers, is not the subject matter of the contract.
4. In accordance with section 3 above, the provider's plugin only serves as an interface between the customer's online store and the provider Shopify or WiX and ultimately the integration of this interface at the customer's end. Any further claims and services of the customer are not subject matter of the contract and the provider cannot be held liable for any obligations arising from the contractual relationship with the third-party providers. Content in connection with the offer and the use of the offer from Shopify or WiX itself is therefore not the responsibility of the provider.
5. The Shopify purchase on account plugin requires a cooperation agreement between the customer and the provider MF Group AG, especially since the plugin only works together with the services of MF Group AG (see the more detailed explanations at https://www.shopify-kauf-auf-rechnung.ch/getnow). The TWINT plugin for Shopify or WiX also requires a cooperation agreement between the customer and the TWINT provider, especially as the plugin only works in conjunction with the provider's services (cf. the more detailed explanations on this at pend.ch). The Datatrans, Datatrans Credit Cards, Postfinance and TWINT by Datatrans plugin for Shopify also requires a cooperation agreement between the customer and the provider Datatrans and various acquirers, especially as the plugin only works in conjunction with the provider's services (see the more detailed explanations on this at pend.ch). The cooperation agreement is a prerequisite for the use of the aforementioned plugin, but constitutes an independent contractual relationship between the customer and MF Group AG, TWINT, Datatrans or the acquirer.
6. The modalities for ordering and using the purchase on account plugin for Shopify are available at the following link: pend.ch. The provider's performance obligations are also shown under this link and do not go beyond the obligations stated therein. The exact modalities of the customer with MF Group AG, PostFinance, Datatrans and TWINT and any other acquirer are based on the separate contractual relationships and the modalities of the third-party providers set out therein.
7. In addition to the binding conclusion of a contract with the Provider, the separate conclusion of a contract with the third-party providers is a mandatory prerequisite for the fee-based order and subsequent use of the plugins. The third-party providers are entitled to reject customers in accordance with their own separate contractual provisions, over which the Provider has no influence.

1. The price for ordering and using the plugin in accordance with § 2 above is for the plugin:
   • Purchase on account for Shopify CHF 240.- / year + 0.3% per transaction (excl. 8.1 % VAT)
   • TWINT for Shopify CHF 120.- / year + 0.3% per transaction (excl. 8.1 % VAT)
   • PostFinance for Shopify CHF 120.- / year + 0.3% per transaction (excl. 8.1 % VAT)
   • Datatrans credit cards for Shopify CHF 150.- / year + 0.3% per transaction (excl. 8.1 % VAT) 
   • Datatrans for Shopify CHF 450.- / year + 0.3% per transaction (excl. 8.1 % VAT)
   • TWINT by Datatrans CHF 120.- / year + 0.3% per transaction (excl. 8.1 % VAT)
   • TWINT for WiX CHF 120.- / year + 0.3% per transaction (excl. 8.1 % VAT)
2. When placing a chargeable order via the website, the customer is immediately forwarded to the corresponding payment process via credit card, TWINT, PostFinance or invoice. The aforementioned costs for the annual use / annual subscription of the plugin must be paid in advance. Payment by invoice always requires the express consent of the provider in advance.
3. In accordance with Section 1 above, the contract term is generally 12 months. This contract term can be terminated up to 1 day before the end of the contract term. If notice of termination is not given in good time in accordance with this notice period, the contractual relationship is automatically extended by one year. In this case, the annual fees for the new contract year are due for payment at the beginning of the first day of the new contract year (in the event of default, default interest of 5% may be charged on the following day).
4. A transaction fee of 0.3 % of the transaction value (gross value, value of goods plus shipping costs and all estimated ancillary costs) is charged for each transaction with the customer via one of the plugins: This transaction fee is debited once a month by the provider from the payment method stored, to which the customer expressly agrees (see also section 5). Payment by invoice always requires the express consent of the Provider in advance.
5. The fees incurred through the use of the services of third-party providers (Shopify, TWINT, PostFinance, MF Group, Datatrans or other third-party providers) shall be charged to the customer once a month via the Datatrans provider service and deducted in the equivalent value of the fees incurred. For this reason, the customer undertakes to deposit a payment method via Datatrans as part of the chargeable order of the offer, whereby the customer is redirected to the corresponding process via the registration process on the website.
6. If payment by invoice has been authorized, the customer undertakes to pay on time as indicated in the invoice. Upon expiry of the payment deadline specified therein, the customer is immediately in default and the Provider is entitled to charge default interest of 5% and to assign the claim to the company or collection agency Intrum AG, Eschenstrasse 12, 8603 Schwerzenbach. If the provider decides to assign the claim to the collection agency, additional fees of CHF 40 will be charged, which are to be borne by the customer. Costs in the event of late payment shall be incurred at the earliest after two written reminders after the invoice date, upon transfer to the collection service provider) in accordance with www.fairpay.ch.
7. Further questions regarding payment, subscriptions, contract duration and monthly transaction fees are answered by the support team at help.pend.ch.
8. The applicable value added tax is added to the prices. Prices are subject to change and errors excepted.

1. Any liability of the provider towards the customer for direct and/or indirect damages (such as damages due to the unavailability of the plugin, function(s), malfunction(s) and blocked access) including loss of profit and loss of data is excluded to the extent legally possible. In particular, the provider's liability for auxiliary persons is also completely excluded to the extent permitted by law.
2. Technical access (internet connection, etc.) to the plugin via the platform and the corresponding services is the responsibility of the customer. The Provider assumes no liability for the network operators and rejects any liability for the hardware and software required to use the app system to the extent permitted by law.
3. With regard to the use of the services of third-party providers such as TWINT, PostFinance, Datatrans, MF Group AG, WiX and Shopify, a contractual relationship independent of the provider is established in this respect, for which the provider cannot be held liable.
4. In the following further cases, any liability of the provider is excluded:
   • in the event of damage and consequential damage as a result of non-availability or interruptions to the website
   • in the event of damage caused by viruses or similar damage that is passed on as a result of use or through use by the customer
5. In all other respects, reference is made to Section 2(3) above, according to which no liability is assumed for the contractual relationship and the fulfillment of the contract within the scope of the independent contractual relationship between the customer and TWINT, PostFinance, Datatrans, MF Group AG, WiX, Shopify or the acquirer on the occasion of the separate contractual obligations of these independent parties.

1. The Provider is entitled to engage third parties as substitutes for the fulfillment of its contractual obligations in connection with these GTC.

1. The data required for the use of the aforementioned platform will be treated confidentially within the scope of the stated purpose and in accordance with the applicable data protection regulations.
2. Further information on data processing can be found in the data protection information, which you will receive by e-mail together with your order and can be viewed at help.pnd.ch.

1. The provider or the specified third-party providers or licensors hold the copyrights to all images and text displayed on the website.
2. In the event of an unauthorized infringement of property rights, copyrights and trademark rights, the provider reserves the right to claim damages, loss of profits and lost profits.

1. All matters relating to these GTC shall be governed exclusively by Swiss law, excluding the conflict of laws provisions and any international conventions.
2. The place of jurisdiction for disputes arising from this contractual relationship - subject to mandatory places of jurisdiction - between the provider and the customer is Basel (BS) or the court responsible for a dispute there.
3. If a party waives its right to assert or enforce a contractual right in an individual case, this cannot be construed as a general waiver of the right.
4. Should one or more clauses of these terms and conditions be wholly or partially invalid or void, this shall not affect the validity of the remaining contractual provisions. In this case, the invalid or void provision shall be replaced by a new, legally permissible provision that comes as close as possible to the invalid or void provision in terms of its economic meaning and effect. If an invalid contractual clause is not subsequently corrected, it shall be replaced by a relevant statutory provision.