General Terms and Conditions of Merchant and Mondu GmbH for the Installment Payment Model
For its purchase from the Merchant, the Buyer has chosen the installment payment model of Mondu. These general terms and conditions of the Merchant and Mondu GmbH (“Mondu“) for the installment payment model (“Installment Payment Terms“) apply to the conclusion of installment payments agreements in the Mondu checkout process (“Checkout Process“; the respective agreement “Installment Payment Agreement“).
The Installment Payment Agreement concluded in the Checkout Process corresponds with the sample attached to these Installment Payment Terms.
Buyer acknowledges that the Buyer owes Merchant the amount stated in the Checkout Process under the respective “Purchase Agreement“.
In the event of overpayments by the Buyer to the account yet to be named by the Merchant, the Buyer shall pay the Merchant (section 6) a contractual penalty in the amount of the overpayment, but no more than 5 % of the invoice amount. If the overpayment exceeds this limit, the contractual penalty shall be offset against any claims for repayment of the Buyer. The contractual penalty shall be offset against any claims for damages.
The Buyer shall pay the monthly installments agreed in the Checkout Process on the dates specified in the installment plan to the account yet to be named by the Merchant. The installment plan will be sent to the Buyer with invoicing. The amounts of the individual installments will be rounded up. Rounding errors will be corrected in the last installment.
Default of payment
In case the Buyer is in default of two installment payments in whole or in part, the respective remaining part of the invoice amount becomes due immediately. For all payment amounts in default the Buyer undertakes to pay a flat-rate reminder fee of a maximum of EUR 40 in addition to default interest and compensation for damage caused by the default. The flat-rate reminder fee is due immediately.
The Merchant intends to assign the receivables due against the Buyer under the Installment Payment Agreement to a third party. All payments due under the Installment Payment Agreement shall be paid to the account of such third party yet to be named by the Merchant. The Buyer acknowledges that payments can only be made to this account with debt-relieving effect.
Services and Data Processing by Mondu
Mondu enables the Buyer to conclude the Installment Payment Agreement. For this purpose, the processing by Mondu of the data that has been and/or will be collected in connection with the Purchase Agreement is required. Mondu processes the personal data collected in this context for (i) the verification of granting of installment payments and (ii) the receivables management pursuant to Art. 6 (1) lit b) and f) of EU Regulation 2016/679 (General Data Protection Regulation, “GDPR“). Furthermore, the personal data may be used for marketing purposes (sending of information and offers) as well as for the creation of personal user profiles pursuant to Art. 6 (1) lit a) GDPR, provided a separate consent is obtained.
For more information on the data processing that takes place, your data protection rights and the contact details of our Data Protection Officer, please see [deep link to privacy information for Buyers].
These Installment Payment Terms as well as the Installment Payment Agreement shall be governed by and construed in accordance with German law, excluding its conflict of law provisions.
Complete Installment Purchase
Please check your information and conclude the Installment Payment Agreement.
Invoice amount [●●●]
Number of installments: [●●●]
Payment dates EUR [●●●] at [●●●]
EUR [●●●] at [●●●]
EUR [●●●] at [●●●]
[Post Code, City]
The General Terms and Conditions of Merchant and Mondu GmbH apply to the installment purchase, which you can access here: [deep link].
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