AGB Dealer

General terms and conditions for merchants of VERD.cash payment solutions

1. general and scope of application

1.1 These General Terms and Conditions ("GTC") govern the cooperation between VERD Finanzas AG (CHE-205.156.024), hereinafter "issuer") and the merchant (hereinafter "merchant") as well as the use of the cashless payment system VERD.cash.

1.2 The GTC apply in connection with the processing of payment transactions when trading goods and services. These GTC form an integral part of the merchant agreement.

1.3 Deviating terms and conditions of the Merchant shall only become part of the contract if they have been confirmed in writing by the Issuer.

1.4 The prerequisite for using the VERD.cash payment solution is a compatible EFT/POS device with EP2 standard and the use of the merchant software provided by the issuer (e.g. merchant application).

2. registration and services of the publisher

2.1 Registration takes place online with correct details of the company, address and (if available) CHE number, as well as bank details. The account must be in the name of the merchant and must be held at a bank licensed in Switzerland. At the request of the issuer, the merchant must upload or send a bank statement for verification. The merchant is obliged to provide truthful information. The merchant undertakes to notify the issuer immediately in writing of any changes regarding the merchant (e.g. legal form, address, purpose, account details, etc.).

2.2 The Issuer shall provide the Merchant with technical systems and services to enable cashless payments, with the exception of payment devices (EFT/POS) from payment providers.

2.3 The Issuer shall handle the authorization, processing and settlement of payment transactions.

2.4 The Issuer guarantees the security and functionality of the systems provided to the extent that this is technically possible and economically reasonable.

3. obligations of the trader

3.1 The merchant undertakes to use the systems provided by the issuer only for legitimate business purposes as listed in section 5.4.

3.2 The merchant shall ensure that all payment transactions are carried out in accordance with the applicable statutory provisions and the issuer's instructions.

3.3 The Merchant is responsible for a compatible infrastructure, the installation and maintenance of software and hardware, and the implementation of updates and customizations required by the Issuer.

3.4 The VERD.cash payment solution must be accepted as a means of payment without restrictions. No additional fees may be charged for payments with the VERD.cash payment solution. Misuse and unauthorized access must be prevented and reported in the event of suspicion.

4. fees, transactions and billing

4.1 The merchant pays an agreed fee for the services of the issuer, which is set out in the contract. The fees (e.g. transaction fees) are deducted directly from remuneration.

4.2 Payments are processed via the VERD system and transferred to a deposited merchant account at a Swiss bank. Reversals or credit notes are only possible in the VERD system.

4.3 In the event of complaints or chargebacks, the merchant must actively cooperate with the issuer.

5. liability

5.1 The Issuer is not liable for losses or damage caused by improper use of the systems or by violations of legal requirements by the Merchant.

5.2 The Dealer shall be liable for all damage caused by improper use or misuse on its part or by a breach of the provisions of these GTC.

5.3 The VERD.cash payment solution may not be used for transactions in prohibited categories (e.g. gambling, weapons).

6. data protection and data security

6.1 Both parties undertake to comply with the applicable data protection laws, in particular the Swiss Data Protection Act.

6.2 The Issuer processes personal data only for the processing of payments and in accordance with the statutory provisions and insofar as this is necessary for the fulfillment of the contract.

6.3 The Merchant undertakes to store the data received from the Issuer securely and to protect it from unauthorized access.

6.4 The Merchant may use the data received from the Issuer only for the purpose of transaction processing.

6.5 Violations of data protection provisions may result in termination of the contract by the Issuer.

7. control rights

7.1 The Issuer may ensure compliance with the terms of these GTC by requesting information, audits and/or external expert opinions.

8. final provisions

8.1 In justified cases, the Issuer shall have the right to amend the GTC at any time. The merchant shall be notified of these changes in writing at least 30 days before they come into effect. If the Merchant does not agree to this, he shall have the right to terminate the contract in writing within 20 days of notification of the amendment, effective as of the date on which the amendments enter into force. If the retailer fails to give notice of termination, this shall be deemed as approval of the changes. Amendments or additions to these GTC must be made in writing.

8.2 Should a provision of these GTC be partially or completely invalid, the validity of the remaining provisions shall remain unaffected.

8.3 These GTC are subject to Swiss substantive law. The exclusive place of jurisdiction for all proceedings is Bern. This is also the place of performance and, for merchants domiciled abroad, the place of debt collection. Mandatory statutory places of jurisdiction remain reserved.