Subscriber Conditions for Postfinance credit cards/prepaid cards
Subscriber Conditions for Postfinance credit cards/prepaid cards
Subscriber Conditions for Postfinance credit cards/prepaid cards
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475.07.1 en (pf.ch/dok.pf) 05.2012 PF<br />
<strong>Subscriber</strong> <strong>Conditions</strong> <strong>for</strong><br />
PostFinance <strong>credit</strong> <strong>cards</strong>/<strong>prepaid</strong> <strong>cards</strong><br />
These <strong>Subscriber</strong> <strong>Conditions</strong> govern the legal relationship between PostFinance (hereinafter<br />
referred to as «PostFinance») and holders of PostFinance Visa and/or MasterCard <strong>credit</strong> <strong>cards</strong>/<br />
<strong>prepaid</strong> <strong>cards</strong> (hereinafter referred to as «cardholders»). All references refer to persons of either<br />
gender.<br />
1. Card issue<br />
1.1 Once PostFinance has approved the card application, the applicant will receive a personal<br />
PostFinance Visa and/or MasterCard <strong>credit</strong> card/<strong>prepaid</strong> card (hereinafter referred to<br />
as «card») in his name. The applicant will receive the <strong>Subscriber</strong> <strong>Conditions</strong> and a copy<br />
of his card application together with the written confirmation of acceptance from<br />
PostFinance. The personal identification number (PIN) will be delivered<br />
by separate post.<br />
Applicants <strong>for</strong> <strong>prepaid</strong> <strong>cards</strong> will receive only the card; the personal PIN will be delivered<br />
by separate post. By signing and/or using the card, the applicant/cardholder confirms that<br />
he has received, read, understood and accepted the confirmation of acceptance and the<br />
<strong>Subscriber</strong> <strong>Conditions</strong>.<br />
1.2 The cardholder may request the issue of partner <strong>cards</strong> (<strong>credit</strong> <strong>cards</strong> only) (also referred to<br />
as «<strong>cards</strong>»).<br />
1.3 Every card issued will remain the property of PostFinance.<br />
1.4 In order to be eligible <strong>for</strong> a card, the applicant must have an active postal account in<br />
his name.<br />
2. Card use<br />
2.1 Subject to the individual card and cash withdrawal limits, transactions may be authorized<br />
by Visa/MasterCard accepting outlets anywhere in the world:<br />
a) by signing the sales voucher (<strong>for</strong> example, when paying <strong>for</strong> goods or services and when<br />
withdrawing cash at a bank counter), or<br />
b) by entering the PIN (e.g. when paying <strong>for</strong> goods or services or when withdrawing cash<br />
from a cash machine), or<br />
c) by giving the cardholder’s<br />
name, card number and expiry date (e.g. when paying <strong>for</strong><br />
goods or services by telephone, over the Internet or by exchange of mail), or<br />
d) simply by using the card – with no need <strong>for</strong> a signature or PIN (e.g. in car parks, motorway<br />
toll booths or contactless payment <strong>for</strong> transactions of up to CHF 40.–).<br />
The cardholder accepts all transactions authorized in this way and/or the resulting receivable<br />
claims from the sales outlet. At the same time he instructs PostFinance to pay all receivable<br />
claims from the sales outlet with no need <strong>for</strong> additional notification.<br />
2.2 PostFinance uses the UBS currency selling rate on the day prior to the transaction as the<br />
reference rate. A commission will also be charged <strong>for</strong> withdrawing cash either within<br />
Switzerland or abroad. Details of the current processing fee, the relevant cash withdrawal<br />
commission rates and the applicable exchange rates may be obtained from Customer<br />
Service (see clause 11). Individual items (e.g. the current<br />
processing fee) will also be shown<br />
on the monthly statement.<br />
2.3 The cardholder undertakes to use his card only to the extent that his financial circum stances<br />
allow. PostFinance may at any time extend, restrict or cancel the options <strong>for</strong> using <strong>cards</strong> and<br />
PIN as well as card and cash withdrawal limits. The card limit is shown on the monthly<br />
statement or may be requested from Customer Service (clause 11), as can the cash withdrawal<br />
limit. Use of the card <strong>for</strong> illegal purposes is prohibited.<br />
2.4 In the case of <strong>prepaid</strong> <strong>cards</strong>, the card limit will be equal to the card balance. The amount of<br />
the card balance will be calculated as the amount paid in minus any charges and payments<br />
already effected <strong>for</strong> goods, services and cash withdrawals. When the card is renewed or replaced,<br />
the card balance on the old card will be transferred to the new<br />
card minus any charges payable.<br />
3. Duty of care<br />
The cardholder must exercise the following duties of care in particular:<br />
a) The card must be signed by the cardholder, in the area provided <strong>for</strong> this purpose,<br />
immediately upon receipt.<br />
b) The card and PIN must be kept with great care and separate from each other. The card and<br />
PIN may under no circumstances be disclosed to others or made accessible in any other way.<br />
In particular, the PIN must not be noted on the card (even in an altered <strong>for</strong>m). PINs changed<br />
by the cardholder must not consist of easily ascertainable combinations of numbers (such as<br />
a telephone number, date of birth, car registration number, etc.).<br />
c) The cardholder should check the relevant monthly statements/transaction overview («overview»)<br />
upon receipt against sales vouchers, which should be retained <strong>for</strong> this purpose. Any<br />
discrepancies, in particular debits resulting from misuse of the card, must be reported to<br />
Customer Service immediately (clause 11), and written notice of complaint must be sent to<br />
the correspondence address of PostFinance (clause 11) within 30 days of the statement/<br />
overview date (cancellation mark date). Otherwise, the statement/overview will be deemed<br />
to have been accepted.<br />
d) T ransactions will be identified to the cardholder of a <strong>prepaid</strong> card in a detailed overview<br />
containing the current card balance. The overview will be sent to the cardholder once a<br />
month. The cardholder can make enquiries at PostFinance about his card balance and the<br />
transactions concluded. The card balance will take into account all the transactions that<br />
have been notified to PostFinance as of the previous day. The cardholder acknowledges that<br />
the overview supplied by PostFinance is legally binding; any complaints about this overview<br />
must be submitted following the procedure described in section 3c.<br />
e) The cardholder<br />
must report any instance of loss, theft, confiscation or suspicion of misuse<br />
immediately to Customer Service (clause 11), regardless of any time difference. In the<br />
event that a criminal act has occurred, he must further report this to the local police and,<br />
in the event of loss or damage, take all reasonable steps to assist in clearing up the matter<br />
and minimizing the loss or damage incurred.<br />
f) changes to the in<strong>for</strong>mation given on the card application (name, address, account number,<br />
etc.) must be notified to PostFinance in writing within 15 days (clause 11).<br />
g) if the cardholder fails to receive a new card at least 15 days be<strong>for</strong>e expiry of the previous<br />
card, he must report this to Customer Service (clause 11) immediately. Once a new card has<br />
been received, the previous card should be made unusable without delay.<br />
4. Statement of account/methods of payment<br />
4.1 The cardholder undertakes to pay <strong>for</strong> all authorized transactions and in particular to pay the<br />
relevant annual fee and the cost of the services used. The cardholder will receive a statement<br />
of account (monthly statement) every month. He may choose between the following<br />
types of payment:<br />
a) payment of the full outstanding amount within 20 days of the statement date;<br />
b) payment of any part of the amount (subject to a minimum of 5% of the statement amount<br />
or CHF 100.–) within 20 days of the statement date.<br />
4.2 If payment in accordance with clause 4.1a is not received within the stipulated period or if<br />
the cardholder makes use of the payment in instalments option under para. 4.1b, annual<br />
interest amounting to a maximum of 15% will be charged on all transactions from the<br />
statement date. The current annual interest rate can be checked with Customer Service<br />
(see clause 11) or viewed on www.postfinance.ch. The card and cash withdrawal limit(s)<br />
of the main card and any partner <strong>cards</strong> will be reduced by the amount still outstanding<br />
on the statement. Further, if payment is not made, or if less than the minimum payment<br />
(clause 4.1b) is made, PostFinance will have the right to request immediate payment of<br />
the entire outstanding amount (including interest) and to block the card(s).<br />
4.3 PostFinance will have the right of set-off against all assets with respect to the entire outstanding<br />
statement amount/negative balance and a right of lien against all objects of value<br />
and securities which PostFinance holds on behalf of the cardholder either itself or through a<br />
third party. Any reminder and collection charges will be borne by the cardholder.<br />
4.4 If the cardholder resides abroad, payments will be made via direct debit. The payment by instalments<br />
option (clause 4.1b) may not be used.<br />
4.5 PostFinance will debit the minimum amount that the cardholder is required to pay in when<br />
a new <strong>prepaid</strong> card is issued directly to the postal account referenced in the card application<br />
<strong>for</strong>m and <strong>credit</strong> it to the card. The minimum amount <strong>for</strong> further inpayments (loading<br />
the card) and the upper limit on the card balance will be determined by PostFinance and<br />
can be altered at any time. If the card balance is negative, the cardholder undertakes to<br />
settle the outstanding amount within 20 days of the date of the overview. The cardholder<br />
authorizes PostFinance to charge the negative balance following expiry of this deadline in<br />
accordance with clause 4.3.<br />
5. Responsibility<br />
5.1 Until the card is blocked, the cardholder will be responsible <strong>for</strong> all transactions authorized in<br />
accordance with clause 2.1. Unless a complaint (point 3c) is filed within the stipulated period,<br />
the risks arising out of misuse of the card will there<strong>for</strong>e be borne by the cardholder. Where a<br />
complaint is filed within the stipulated period, PostFinance will assume responsibility <strong>for</strong> loss<br />
or damage resulting from misuse of the card by third parties, provided the cardholder has<br />
complied with the <strong>Subscriber</strong> <strong>Conditions</strong> in all respects (especially the obligations to exercise<br />
due care under clause 3), and to the extent that he is not in any way at fault (subject to an excess<br />
of CHF 100.–). Spouses and persons living in the same household as the cardholder are<br />
not deemed to be third parties.<br />
5.2 The cardholder will be held responsible <strong>for</strong> all transactions authorized using the PIN.<br />
5.3 The holder of the main card is jointly liable <strong>for</strong> all obligations arising from the use of the<br />
partner <strong>cards</strong>, even if the holder of such <strong>cards</strong> is charged separately.<br />
5.4 The cardholder will bear sole responsibility <strong>for</strong> the transactions concluded using the card; in<br />
particular any discrepancies, including complaints relating to goods or services, and claims<br />
will be settled directly with the accepting outlet in question. When returning goods, the<br />
cardholder must request a <strong>credit</strong> confirmation from the accepting outlet, and when cancelling<br />
a transaction he must request confirmation of cancellation. Disputes will not release the<br />
cardholder from the obligation to pay the amount on the monthly statement.<br />
5.5 Loss or damage incurred by the cardholder in connection with the possession or use of<br />
his card(s) will be borne by the cardholder. PostFinance assumes no liability if a merchant<br />
refuses to accept the card as a means of payment or if, due to a technical defect, limit<br />
adjustment, termination or blocking, the card cannot be used. Similarly, PostFinance will<br />
assume no liability in respect of the incidental benefits or additional services provided automatically<br />
with the card. Moreover, PostFinance will assume no responsibility <strong>for</strong> loss or<br />
damage covered by an insurance policy.<br />
5.6 Loss or damage resulting from the <strong>for</strong>warding of the card and/or PIN will be borne by the<br />
cardholder.<br />
6. Period of validity/renewal of the card<br />
6.1 The card as well as the incidental benefits and additional services connected therewith will expire<br />
at the end of the month/year embossed on the card. Unless the contractual relationship<br />
has been terminated, a new card will automatically be supplied to the cardholder in good<br />
time. If the card has not been used up to 12 months prior to expiry of the card, PostFinance<br />
reserves the right not to issue a new card.
6.2 If the cardholder does not wish to receive a new card or does not wish to renew any<br />
partner <strong>cards</strong>, he must notify PostFinance in writing at least two months be<strong>for</strong>e the card<br />
expires (clause 11), otherwise the annual fee will be charged.<br />
6.3 Replacement of an unexpired card and/or a PIN will be subject to a fee.<br />
7. Blocking/cancellation<br />
7.1 The cardholder or PostFinance may arrange <strong>for</strong> the card to be blocked and/or the contractual<br />
relationship to be terminated at any time and without giving any reasons.<br />
Termination of the main card will automatically terminate any partner <strong>cards</strong>.<br />
7.2 Upon termination, all sums outstanding on the card(s) will automatically become due <strong>for</strong><br />
payment. Upon termination, the cardholder must cut up and return the card (including any<br />
partner <strong>cards</strong>) to PostFinance <strong>for</strong>thwith and without further request. The cardholder will not<br />
be entitled to any pro rata reimbursement of the annual fee if the card is either returned<br />
voluntarily or recalled by PostFinance.<br />
7.3 Notwithstanding any termination/blocking, PostFinance will remain entitled to invoice the<br />
cardholder in respect of all debit arrangements entered into prior to the effective return of<br />
the card(s) (e.g. debits relating to recurring services such as newspaper subscriptions,<br />
memberships, online services).<br />
8. Obtaining, processing and disclosure of data/involvement of third parties<br />
8.1 The applicant/cardholder authorizes PostFinance to obtain from third parties and in particular<br />
from public bodies, the applicant’s/cardholder’s employer, his bank/financial intermediary<br />
and the Central Credit In<strong>for</strong>mation Office (ZEK) (hereinafter referred to as «ZEK»; members<br />
of ZEK include companies from the consumer <strong>credit</strong>, leasing and <strong>credit</strong> card sectors) all<br />
in<strong>for</strong>mation required to check the card application and <strong>credit</strong> standing of the applicant/<br />
cardholder, to process the contract and to fulfill its legal obligations – especially to comply<br />
with anti-money laundering legislation – and/or to pass such in<strong>for</strong>mation on to them and to<br />
notify the ZEK of any blocked <strong>cards</strong>, serious arrears of payment or misuse of <strong>cards</strong>. The ZEK<br />
is expressly authorized to make this in<strong>for</strong>mation available to its other members. For the<br />
above-mentioned purposes the cardholder releases these entities and PostFinance from the<br />
obligations of postal and banking secrecy, as well as from any official or business confidentiality<br />
obligations. The cardholder further acknowledges that under the Swiss Consumer<br />
Credit Act, PostFinance is obliged to obtain from the Consumer Credit In<strong>for</strong>mation Office<br />
(hereinafter «IKO») in<strong>for</strong>mation relating to liabilities of the cardholder reported to said<br />
Office. In addition, under the Consumer Credit Act, PostFinance is obliged under certain<br />
circumstances to report any amounts owing to IKO.<br />
8.2 The cardholder accepts that PostFinance may engage the services of third parties in order to<br />
check the cardholder’s card application and <strong>credit</strong> standing and to process the contract. In<br />
this connection the applicant authorizes PostFinance (and any third parties instructed to<br />
process PostFinance card transactions) to obtain and report all the in<strong>for</strong>mation required <strong>for</strong><br />
checking and processing the <strong>credit</strong> card application. In particular, he agrees that these third<br />
parties and their contractors (e.g. <strong>for</strong> the production of <strong>cards</strong>) will be given access to his<br />
data insofar as this is necessary <strong>for</strong> the diligent per<strong>for</strong>mance of the tasks assigned to them.<br />
The international card organizations (Visa International and MasterCard International) and<br />
their contractors tasked with processing card transactions on their behalf will, however, be<br />
in<strong>for</strong>med solely of the relevant transaction data (e.g. in<strong>for</strong>mation about the accepting outlet,<br />
card number, expiry date, transaction amount, transaction date and – depending on the<br />
transaction in question – name of the cardholder). The cardholder further accepts that the<br />
relevant data will be <strong>for</strong>warded to the card issuer, PostFinance, via the global Visa or<br />
MasterCard networks even in respect of transactions conducted in Switzerland.<br />
8.3 If the card bears the name or logo of a third party or includes insurance and/or other<br />
services, the cardholder authorizes PostFinance to exchange data with such third parties (including<br />
any third parties engaged by them) to the extent that this is necessary to<br />
provide services linked with the card.<br />
8.4 PostFinance will be authorized to assign all claims in respect of cardholders to third parties<br />
at any time.<br />
9. Bonus programme<br />
All PostFinance <strong>credit</strong> <strong>cards</strong>/<strong>prepaid</strong> <strong>cards</strong> participate in the bonus programme. The bonus will<br />
be paid on the basis of invoices/transactions effectively paid. Cash withdrawals, interest, annual<br />
fees and charges will be excluded from the bonus programme. The bonus will be paid every six<br />
months, in June and December. Payment of the bonus requires an active postal account. In the<br />
absence of such an account, the entitlement to the bonus lapses.<br />
10. Text message card service<br />
10.1 Offer of services: The text message card service allows users to check the available<br />
amount/balance of their account as well as the most recent transactions paid <strong>for</strong> with their<br />
PostFinance <strong>credit</strong> and <strong>prepaid</strong> <strong>cards</strong>.<br />
10.2 Obligation to cooperate and exercise due care: In the interests of security the cardholder<br />
has the following obligation to cooperate and exercise due care:<br />
a) The cardholder registers by providing his mobile phone number. In doing so he confirms<br />
that he is the lawful user and authorized owner of the number.<br />
b) Be<strong>for</strong>e changing mobile number (e.g. by transfer to a third party or termination of the<br />
contract with the mobile network operator) the cardholder must provide his new mobile<br />
number or unsubscribe from the text message card service.<br />
c) The cardholder is aware that he should protect the SIM card in his mobile phone against<br />
unauthorized access with a PIN (personal identification number) to reduce the risk of his<br />
mobile phone number being used <strong>for</strong> abusive in<strong>for</strong>mation retrieval.<br />
10.3 Unsubscription: The cardholder may unsubscribe from the text message card service at any<br />
time. The conditions set out in 2 b apply <strong>for</strong> unsubscribing a registered mobile number<br />
(<strong>for</strong> instance when changing telephone number). PostFinance is entitled to oppose or<br />
revoke access at any time, particularly if the service is not used <strong>for</strong> an extended period of<br />
time.<br />
10.4 Liability: PostFinance does not take any responsibility if the data provided is not up to<br />
date, accurate or complete. Data is regarded as temporary and non-binding.<br />
10.5 Call charges: Text message costs may apply according to the tariffs charged by the relevant<br />
mobile network operator.<br />
10.6 Data protection:<br />
Data disclosed on application <strong>for</strong>ms will be treated confidentially and in<br />
accordance with the provisions of the Data Protection Act. The data in question will be<br />
used exclusively <strong>for</strong> the provision of services.<br />
11. Customer Service<br />
Customer Service will be available to cardholders <strong>for</strong> all matters in relation to the issue and use<br />
of <strong>cards</strong> by telephone on +41 (0)848 888 400 (on a 24/7 basis <strong>for</strong> card blocking). The address<br />
<strong>for</strong> correspondence is PostFinance, Card Center, Flughofstrasse 35, PO Box, 8152 Glattbrugg.<br />
12. Other provisions<br />
12.1 PostFinance reserves the right to modify these <strong>Subscriber</strong> <strong>Conditions</strong> at any time (including<br />
changing the applicable annual fees, interest rates, commission rates, etc.). Changes will<br />
be communicated in an appropriate <strong>for</strong>m and will be deemed to have been accepted if<br />
the card is not returned be<strong>for</strong>e the changes come into effect.<br />
12.2 The legal relationship between the cardholder and PostFinance will be exclusively governed<br />
by Swiss law. If the cardholder lives in Switzerland, any disputes arising from this<br />
legal relationship<br />
may be handled by the court at the cardholder’s place of domicile. The<br />
cardholder may, however, also assert his rights at the company’s place of domicile. If the<br />
cardholder resides outside Switzerland, the place of per<strong>for</strong>mance of all obligations of both<br />
parties, the place of debt collection as well as the exclusive place of jurisdiction <strong>for</strong> any disputes<br />
arising out of or in connection with this legal relationship will be Berne. PostFinance<br />
reserves the right, however, to also take legal action against the cardholder be<strong>for</strong>e the<br />
authority in the latter’s place of residence or be<strong>for</strong>e any other competent authority.<br />
© Swiss Post, May 2012