American Express (Switzerland)

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These Payment Terms apply to participation in the American Express Card system in Switzerland. These Payment Terms are applicable to the holders of Swiss Stripe Accounts that enable American Express as a payment method for their Account (in these terms, “You” and “Your” refer to such account holders).

Section I “General Provisions” governs cases where the Cardholder and the Card are present at Your premises (Card Present Transactions).

Section II “Special Provisions” contains specific rules for certain sectors. These rules apply in addition to the General Provisions in Section I.

Section III “Supplementary Provisions for Card Not Present Transactions” apply in addition to the General Provisions in Section I and the Special Provisions in Section II to cases where the Cardholder and Card are not present at Your premises (Card Not Present Transactions).

Section IV “Definitions” contains the definitions for capitalized terms used in these Payment Terms.

I. General Provisions

1. Card Acceptance

1.1 You are entitled to accept Cards in accordance with these Payment Terms as a payment method for all Services offered by You. If you elect to accept Cards as a payment method, you may only do so on the basis that Cards are able to be used as a payment method for all Services offered by You. If a Cardholder inquires with You about possible payment methods, and you have elected to accept American Express Cards as a payment method for your Services, You will specify that You accept American Express Cards.

1.2 If a Cardholder wishes to pay by Card, You will treat the Cardholder in a professional and courteous manner and indicate that the Card is a welcome payment method. You will not charge any supplement for payment using the Card.

2. Acceptance Exclusions

2.1 In the following scenarios, You are neither obliged nor authorized to accept the Card as payment:

(a) for cash payments, to load other payment methods (e.g. prepaid cards) or to grant loans by debiting the Card;

(b) when the transaction did not take place within the course of Your business but within that of a third party (ban on sub-acquiring) or if the transaction does not relate to goods or services provided for its own account, or does not fall within the business purpose specified by You in Your contract with Stripe;

(c) where the Services are not offered by You but by a third party. Excluded from this are travel agencies or booking platforms that accept payments for Service providers in the travel industry (e.g. tour operators, airlines, rail companies and hotels) and where there is a corresponding agreement between the travel agency or the booking platform and the third party;

(d) where, due to the circumstances, You have, or ought to have, doubts upon presentation of the Card, that the person is authorized to use the Card, e.g. if they announce that there may be problems with the Card as soon as the Card is presented;

(e) if the Card is in Your name, or that of a person or company closely related to You, for purchases within Your business;

(f) where there is an illegal or wrongful Transaction, particularly if the goods or services to be purchased may not be sold or provided legally, or where it is suspected that the purchase of goods or services is for an illegal purpose;

(g) where the Transaction requires an official permit that You do not have;

(h) where there is a considerable disparity between the value of the Service provided and the Transaction amount;

(i) for the following Transactions: (i) the organization of games of chance, lotteries or similar events (with the exception of state- approved lotteries); (ii) payment for sexual services, prostitution, escort services and adult site purchases (pornography etc.); (iii) door to door sales; (iv) payment of claims for compensation, contractual penalties, fines or financial penalties, except where You are a public authority or body (specific provisions regarding vehicle rental are excepted, see clause 17); (v) payment of outstanding bills for which the Cardholder is in arrears (e.g. debt collection measures); and (vi) any other Transactions as notified by Stripe.

2.2 Splitting the Transaction amount across multiple Charges is not permitted (ban on splitting).

3.1 You must settle any concerns and objections arising from Transactions with Cardholders, in particular claims and complaints, with the Cardholder directly. The rules regarding Credits (clause 7) remain reserved.

3.2 You undertake to take legal action against the Cardholder only where You have no entitlement to reimbursement from Stripe.

4. Principle: Electronic Payment

4.1 Only Hardware Terminals and Virtual Terminals that are certified in accordance with the latest PCI DSS and specifications of the American Express Licensor may be used to accept the Cards. A current EMV certification is also required for Hardware Terminals. You are responsible for ensuring that the Terminal is used and configured correctly. Thus, for example, a Terminal that is only configured for Card Present Transactions may not be used for other types of Transactions (e.g. phone orders).

4.2 Through reasonable and appropriate measures You will ensure that Card Data cannot be revealed or otherwise used without authorization within the sphere of Your influence, and that no manipulation of data input, in particular no misuse of the Terminal, is possible by Your employees or any third parties. You will train Your staff in the correct use of the Terminals and will take measures to prevent misuse and fraud.

4.3 Unless otherwise agreed with Stripe, Transactions are to be submitted and authorized electronically. In Card Present Transactions, the Card must be physically present and You must adhere to the procedure set out in clauses 4.5 to 4.9

4.4 The Card Data must be read by the Terminal. You must follow all instructions on the Terminal.

4.5 Chip Cards: Upon the relevant instruction on the Terminal:

(a) the Cardholder must enter his or her PIN code for a chip and PIN Transaction. If a Cardholder does not know (or has forgotten) their PIN, or if the system does not permit further PIN entries, the Card may not be accepted;

(b) in the case of a chip without PIN Transaction, You must have the Receipt generated by the Terminal showing the Gross Transaction Amount signed by the Cardholder personally. In this scenario, the other guidelines set out in clause 4.7 must also be followed.

4.6 Contactless function: In the case of a Transaction with a Chip Card or Mobile Device using the contactless function, the Transaction details will be recorded using a contactless Card reader. If the Terminal shows that the Cardholder needs to enter his or her PIN for the Transaction, You must comply with the conditions listed in clause 4.5.

4.7 Cards without a chip: In the case of a Transaction using a Card without a chip, or if the chip cannot be read (e.g. in the case of a Terminal malfunction), the Card’s magnetic strip must be read. In this scenario, You must ensure that the Receipt generated by the Terminal showing the Gross Transaction Amount is signed by the Cardholder personally. If the Terminal has electronic signature capture capability, You must have the Cardholder sign on the Terminal display. You must also:

(a) compare the last four digits of the Card number with the last four digits on the Transaction Receipt;

(b) ensure that the name printed on the Transaction Receipt (if present) matches the name on the front of the Card;

(c) check that the signature on the Transaction Receipt, or on the display, matches the signature on the Card. If in doubt, You must check the Cardholder’s identity (last name and first name, photo and signature) using an official identity document against the information on the Card. The same applies if the Card is not signed. In this case You must also ask the Cardholder to sign the Card straight away.

4.8 Fallback procedure: In the case that not even the Card’s magnetic strip can be read, You may enter the Card number and expiry date into the Terminal manually. You must have the Receipt generated by the Terminal showing the Gross Transaction Amount signed by the Cardholder personally, and undertake the verification process as per clause 4.7 a) – c). You acknowledge that Transactions performed using the fallback procedure carry an increased risk of chargebacks.

4.9 Self-Service Terminals: For Transactions performed at Self-Service Terminals, all provisions of these Payment Terms must be complied with, in particular the terms set out in clause 4.5 a). Only the need for the Cardholder to present the Card to You in person is omitted. If, in the case of a Self-Service Terminal, it is not possible to enter the PIN, and if You still accept the Card, you will be liable for chargebacks for Disputed Charges.

5. Charge Authorizations

5.1 Prior to each Charge, You must obtain an Authorization through Stripe. Each Authorization request must include the Gross Transaction Amount.

5.2 You must obtain the Authorization electronically.

5.3 You acknowledge that the Authorization procedure can only check if the Card has been blocked or if a limit has been exceeded. An approved Authorization therefore does not constitute any promise of payment and is not confirmation that the person conducting the Transaction is the Cardholder.

5.4 Obtaining an Authorization does not discharge You from Your obligation to comply with all other provisions of these Payment Terms. Failure to do so will result in a right of chargeback even if an Authorization code has been granted.

5.5 If the Charge is authorized, Stripe will provide You with an Authorization code.

6. Receipt

6.1 For every Transaction performed using the Card, You must issue a legible Receipt.

6.2 All electronically generated Receipts must show the following information:

(a) Masked Card number or Digital Card Number,

(b) Transaction date,

(c) Gross Transaction Amount,

(d) Authorization code,

(e) Your name and address,

(f) Signature of Cardholder if required in accordance with these Payment Terms, and

(g) All other information that may be required by Stripe.

6.3 The Card number or Digital Card Number must be masked on the Receipts in accordance with the PCI DSS guidelines (see clause 10). The Card Identification Number (CID) may not be printed.

6.4 The information on the Receipts may not be modified.

6.5 You must provide the Cardholder with a Customer Receipt.

6.6 In the case of a Receipt with an original signature, You must retain the Merchant Receipt, day-end closing balances and other documents or information relating to the Service provided (e.g. detailed and/or consumption receipts, etc.) in a secure location for the legally required period, but for a minimum of 18 months from the Transaction date. You will provide Stripe, upon its request, with copies of the Receipts and other documents listed in this clause 6.6 immediately but within ten (10) calendar days at the latest.

7. Credits

7.1 A Credit may only be effected based on a previously processed Charge and may not exceed the amount thereof.

7.2 A refund in cash or any form other than that set out below is not permitted.

7.3 Where the refund takes place after the Charge has been submitted, You must issue a Credit to the same Card. In the case of electronic payment, a Credit should be initiated and a Credit advice printed. Credits are to be submitted to Stripe within ten (10) calendar days from the Transaction date.

7.4 With the exception of the Authorization code, each Receipt should show all of the information specified in clause 6.2.

8. Submission

8.1 Transactions are to be submitted to Stripe within ten (10) calendar days from the Transaction date. In the case of late submission, Stripe reserve the right not to reimburse the Transaction or to reverse a reimbursement already performed, e.g. in the case of a Disputed Charge.

8.2 Transactions may only be submitted if the Gross Transaction Amount has been authorized by the Cardholder (e.g. through PIN entry or by signature).

9. Marketing and Promotion

9.1 You shall display American Express promotional stickers (decals) and any other promotional materials provided by Stripe in an easily visible place to indicate acceptance of the Card. Where promotional stickers and promotional materials for other payment methods are present, the American Express materials must be placed in a location that is equally visible and must be of at least the same size. In the case of changes to the American Express materials, You undertake to implement such changes immediately.

9.2 The requirements under the foregoing clause 9.1 also apply to promotion via electronic media, e.g. the internet.

9.3 Only company names, logos and graphic trademarks, etc. approved by Acquirer may be used.

9.4 All promotional materials will remain the property of Stripe, Acquirer or American Express.

9.5 You undertake to only use American Express’s company names, logos and graphic trademarks, etc. in Your marketing materials with Acquirer’s prior written consent and in accordance with the latter’s specifications. In the case of changes, You must modify your marketing materials accordingly. Acquirer will be entitled to revoke its consent at any time. In this scenario, You will be obliged to destroy the marketing materials at Your own expense.

9.6 You will refrain from doing anything which might damage the reputation of the American Express or Acquirer brands or endanger the American Express or Acquirer brands.

9.7 American Express or Acquirer will be entitled to specify Your name or company name, address (incl. website) and logo, along with the individual acceptance points, in its directories and in any communication regarding the acceptance of cards by merchants.

10. Data Protection and PCI DSS

10.1 You will be responsible for ensuring the security and confidentiality of the Card and Transaction Data, and will remain so even where engaged third parties are involved.

10.2 You undertake to comply with the applicable data protection legislation and to adequately cooperate with Stripe in compliance with the obligations under data protection law.

10.3 You are obliged to comply with the latest version of the PCI DSS (which can be viewed at www.pcisecuritystandards.org)

10.4 You will ensure that the Card details are not disclosed to unauthorized third parties.

10.5 You may not ask the Cardholder to send Card Data unencrypted and may not transmit the same itself in unencrypted form.

10.6 Photocopying the Card is not permitted.

10.7 You will be obliged to enforce compliance with the applicable data protection legislation and PCI DSS by Your employees and other vicarious agents, and to regularly check their compliance with the same.

10.8 The Card and Transaction Data may not be used, stored or disclosed by You and engaged third parties for any purpose other than that stipulated within these Payment Terms.

10.9 Among other things, You will be obliged to document compliance with the PCI DSS. If You are unable to demonstrate compliance with the PCI DSS, Stripe will be entitled to charge You for the Licensor’s (American Express Company) contractual penalties.

10.10 You will be obliged to notify Stripe immediately, but within twenty-four (24) hours at the latest, if You discover or suspects unauthorized access to Card Data (“Data Breach”). In this scenario, You hereby expressly authorize Stripe to commission a certified audit company to draft a PCI audit report. As part of this, the circumstances of the Data Breach will be investigated and checks will be carried out to determine whether or not the PCI DSS were complied with by You. In such cases, You will cooperate with the audit company fully and will completely eliminate any security defects found, within the deadline set by Stripe. Where the audit report finds that You did not comply with the requirements of the PCI DSS, the costs of drafting the report and of rectifying the defect, along with any compensation, will be borne by You.

10.11 In accordance with the prevailing legislation, Acquirer and Stripe will be entitled to notify the Cardholder, Card issuer, other parties involved in the American Express network, and the public about any Data Breach in order to minimize the risks of fraud and damage and to ensure the operation of the American Express network.

11. Data Processing by Acquirer

11.1 Acquirer will also be entitled to exchange information about You with companies belonging to the American Express and/or Credit Suisse Group in order to comply with supervisory provisions and conditions, national or international sanctions, or other binding provisions and conditions or internal compliance regulations.

11.2 During the course of managing the relationship, Acquirer will receive information about You (master data, e.g. name, address, contact information for Your employees) and about the Transactions processed (e.g. Card number, expiry date, Transaction amount and date and Your Services).

11.3 Acquirer will process Your information in order to manage the relationship (incl. Transaction processing, combating fraud and risk management and the management of any loyalty schemes) and will forward the same to American Express companies worldwide in order to prepare for and manage participation in the American Express Card system.

11.4 Acquirer will process information about You for marketing purposes and for market research, in particular for the development and distribution of products and services associated with the use of the Card or with secondary/additional Card benefits or other offers (including from third parties) and for targeted communication with Cardholders.

11.5 Acquirer will be entitled to anonymize Transaction Data for statistical purposes, and to process anonymized data further.

11.6 Acquirer will be entitled to commission third parties, in Switzerland or abroad, to manage individual or all services under the relationship (e.g. relationship management, communication with You), to perform tests. You authorize Acquirer to forward to such third parties, including those abroad, the data necessary for diligently performing the assigned tasks. You acknowledge and agree that under certain circumstances, the data transmitted abroad may not benefit from the same level of protection as under Swiss law.

11.7 Further information about data processing by Acquirer is available on the Acquirer website (www.americanexpress.ch).

12. Termination

12.1 Upon termination of the Agreement, You will be obliged to remove any American Express company names, signs and all materials and items of equipment provided immediately.

12.2 In the event of expiry or termination of the Agreement, those provisions whose purpose requires them to continue to apply (e.g. clause 6.6 [Duty to Retain Records] and clause 10 [Data Protection and PCI DSS]) will remain valid.

12.3 You will notify all Cardholders for whom You submit Recurring Billing Charges pursuant to clause 15 about the termination of the contractual relationship immediately.

II. Special Provisions

13. Deposit

13.1 You may accept the Card for a deposit under the following conditions:

(a) Prior to obtaining Authorization, You must obtain the Cardholder’s consent to charge a deposit in writing or in the form of an email (Gross Transaction Amount, divided into amount of the deposit and the balance amount).

(b) A separate Authorization must be obtained for each Charge (deposit and balance).

(c) It should be noted on each Receipt whether the Charge is for the deposit or the balance.

13.2 The Transaction Receipt for the balance may only be submitted to Stripe once the goods have been sent or the service has been provided.

14. Advance Payment

14.1 You are able to accept the Card for advance payments under the following conditions:

(a) Where the payment is an advance payment for one of the following Services: (i) Special orders (e.g. orders for goods manufactured to customers’ specifications); (ii) Tickets (e.g. for sporting events, concerts); (iii) Tuition fees, accommodation and meals and other fees for higher education establishments; (iv) Flight tickets; (v) Travel tickets for public transport (e.g. train tickets); (vi) Cruises; (vii) Accommodation; (viii) Vehicle rental; and (ix) Services associated with travel (e.g. excursions, expeditions).

(b) Prior to obtaining Authorization, You must obtain the Cardholder’s consent to charge an advance payment, in writing or in the form of an email covering the following points: (i) the Cardholder’s consent to all conditions of the Service (incl. price, cancellation terms); (ii) detailed description of the Service and the anticipated Service provision date.

14.2 If You are unable to provide the Service, a Credit for the corresponding advance payment amount must be submitted to Stripe immediately.

15. Recurring Billing Charges

15.1 Where You offer Recurring Billing Charges which constitute a continuous obligation to the Cardholder, You must obtain the Cardholder’s consent to the said Recurring Billing Charge, in writing or in the form of an email, prior to submitting the first Charge. The Cardholder must be informed that he or she may withdraw their consent at any time.

15.2 If the Recurring Billing Charge amounts vary, You must notify the Cardholder of the amount and date of any Recurring Billing Charge at least ten (10) calendar days prior to submitting the Charge in question.

15.3 You must keep records of the Cardholder’s consent pursuant to clause 15.1 and the information referred to in clause 15.2 for a period of two (2) years from the last submission of a Charge under the Recurring Billing Charges.

15.4 You must ensure that all Authorization requirements are complied with in accordance with clause 5.

15.5 If You accept Recurring Billing Charges for insurance services, Stripe will not be responsible for collection or the timely transfer of insurance premiums by cardholders. You will, at your own expense, defend Stripe against all claims and hold it free and harmless from any liability asserted by the Cardholder, or former Cardholder, on account of the non-existence of their insurance cover.

15.6 The Cardholder’s consent to Recurring Billing Charges to the Card in question will lapse automatically upon termination of the Card agreement between the Card Issuer and the Cardholder. You will be responsible for ensuring that You are informed by the Cardholder about any termination of the Card agreement. As soon as You are informed by the Cardholder about the termination of the Card agreement or its consent being withdrawn, no further Recurring Billing Charges may be made to the Cardholder’s Card.

16. Special Provisions for Hotels

16.1 Upon check-in, hotels may obtain Authorization for an estimated amount (multiplication of room price by anticipated number of nights plus any tax and known incidental expenses, collectively referred to as the “estimated amount”). You may not set a sum higher than this estimated amount. An Authorization for the estimated amount will be valid for the duration of the hotel stay up to a maximum of 30 days. For longer hotel stays, an additional Authorization must be obtained for the remaining duration.

16.2 If, upon check-out, the final amount is no more than fifteen percent (15%) over the estimated amount as specified in clause 16.1 above, no additional Authorization will be needed for the Charge. If the final Charge amount exceeds this fifteen percent (15%), an additional Authorization will need to be obtained for the difference from the original sum authorized.

16.3 If a Cardholder’s Card is repeatedly charged over a period – instead of once at the end of the stay, You must obtain Authorization prior to each individual Charge, regardless of whether or not the Charge exceeds any agreed Authorization Limit.

16.4 Irrespective of whether or not You must obtain Authorization, You must obtain consent from the Cardholder for the actual total amount of the Charge.

16.5 No show (failure of the Cardholder to show up after making a reservation, without cancellation or late cancellation of the reservation or booking). You may only make Charges to the Card if:

(a) the Cardholder made a binding reservation/booking with the Card;

(b) You have recorded the Card number or Digital Card Number, expiry date and the Cardholder’s billing address;

(c) You notified the Cardholder before or during the reservation or booking about the price of the booked Service, and provided the Cardholder with a reservation or booking number;

(d) You have documented cancellation and charging conditions which are in line with commonly accepted industry practices, comply with the applicable legal provisions and the Cardholder has been given legally valid notice of the same during the reservation or booking process.

16.6 If the conditions above have been met, You may issue a Receipt for a Charge corresponding to one night. “No show” should be entered in the signature field. Prior to submitting the “no show” Charge, You must obtain Authorization in accordance with the Agreement.

17. Special Provisions for Vehicle Rentals

17.1 Upon entering into the rental agreement, vehicle rental companies are authorized to obtain Authorization for an estimated amount (multiplication of rental price by anticipated number of days rental plus any tax and known incidental expenses (such as insurance), collectively referred to as the “estimated amount”). You may not set a sum higher than this estimated amount. In particular, the amount may not be increased to cover the risk of any damage occurring to the vehicle or a possible theft. An Authorization for the estimated vehicle rental amount will be valid throughout the term of the rental agreement. In the rental agreement, You must specify the total amount of estimated rental costs together with the precise costs of any other Services provided by You (e.g. snow chains, etc.) and the maximum amount of additional costs the Cardholder may be liable for and which can be avoided by the Cardholder (e.g. additional no-show fees or costs for failure on the part of the Cardholder to return the vehicle with a full tank of fuel, traffic fines). The rental agreement must include the Cardholder’s written consent to charge these costs, plus the rental car costs, to the Card.

17.2 If, upon returning the rental vehicle, the final amount is no more than fifteen percent (15%) over the estimated amount as specified in clause 17.1 above, no additional Authorization will be needed for the Charge. If the final Charge amount exceeds this fifteen percent (15%), an additional Authorization will need to be obtained for the difference from the original sum authorized.

17.3 Irrespective of whether or not You must obtain further Authorization, You must obtain consent from the Cardholder for the actual total amount of the Charge.

17.4 If, upon being returned, the rental vehicle shows damage that is not covered by insurance, You will be entitled to submit the claim for damages as a Charge under the following conditions:

(a) the vehicle rental costs have already been charged to the Cardholder’s account;

(b) the Charge for the claim for damages is authorized and submitted separately;

(c) You have a dated acknowledgment, complete with legally valid signature, from the Cardholder which includes the estimated amount of any claim for damages, a declaration that the damage is attributable to the Cardholder and that the claim for damages is to be paid with the Card. You will submit this acknowledgment to Stripe upon the latter’s first request;

(d) the final Charge under the claim for damages does not exceed the estimated amount for the claim for damages in accordance with clause c) above by more than fifteen percent (15%) or, in the case of a total write off, does not exceed the cost of replacing the rental vehicle.

17.5 For charging no-show fees, the conditions set out in clause 17.4 must be met. If this is the case, You may issue a Receipt for a Charge corresponding to one day’s rental. “No show” should be entered in the signature field. Prior to submitting the “no show” Charge, You must obtain Authorization in accordance with clause 5.

III. Supplementary Provisions for Card Not Present Transactions

18. General Provisions Regarding Card Acceptance

18.1 In addition to the provisions of these Payment Terms in section I and II, clauses 1 to 17 will apply to the acceptance of cards in Card Not Present Transactions.

18.2 You may not accept the Card where there is reason to suspect that there is a case of Card misuse (see clause 18.5 below).

18.3 Subject to the right of chargeback, Stripe accepts Charges that relate to orders placed by phone, in writing (transmitted by post or fax) or over the internet or in some other digital form, providing the following conditions are met:

(a) regardless of any agreed Authorization Limit, You have obtained Authorization.

(b) the Authorization is obtained and the Charges are submitted solely by electronic means through Stripe.

(c) If the Service is provided more than seven (7) calendar days following receipt of the original Authorization code (e.g. if goods are only dispatched after seven (7) calendar days), You must obtain another Authorization code prior to providing the Service.

(d) You have provided the Cardholder with a written and verifiable confirmation of the Gross Transaction Amount (which can be provided by email). This confirmation must also include the same company name as that displayed to the Cardholder when the order was placed.

(e) The Receipt will only be submitted once the goods in question have been sent or delivered or once the service has been provided. In addition to the data specified in clause 6.2, You must list on the Receipt the Cardholder’s name, as it appears on the Card, the Cardholder’s billing address, and the delivery address. For phone orders, You must also note the time and date of the order.

18.4 If the Cardholder claims not to have received the goods or services and You are unable to prove such receipt by the Cardholder, you will be liable for any chargebacks.

18.5 Where there is reason to suspect a case of Card misuse, You will be obliged, prior to providing the Service, to notify Stripe. Unusual circumstances giving reason to suspect Card misuse are generally present when one of the following criteria are met (non-exhaustive list):

(a) The extent of the order, or the ordering process, is unusual for Your business.

(b) The same purchaser is using more than one American Express Card number.

(c) The invoice amount is to be split across different Transactions or Cards.

18.6 You acknowledge that Card Not Present Transactions carry an increased risk of chargebacks.

18.7 You will notify the Cardholder immediately if Authorization is refused for a Card Not Present Transaction. This information must be provided upon order placement online via Your website.

18.8 Signature on File (S.O.F): If You have a document signed by the Cardholder that enables You to Charge the Cardholder’s account without further signature, You must indicate “Signature on File” or “S.O.F.” on the Transaction Receipt.

19. Supplementary Provisions for Digital Orders

19.1 You undertake to provide the following information on Your website for the Cardholder in a clearly visible manner:

(a) Sufficiently clear description of the goods or services being offered, complete with pricing information;

(b) Full company name, address, country, phone number and email address for You, in particular for customer inquiries and complaints;

(c) Terms and Conditions for shipping and returns (delivery times, shipping details, delivery countries, additional conditions);

(d) Unit prices and the total amount for the goods and/or services including all additional costs (including shipping and other applicable charges such as taxes and VAT etc.);

(e) Any applicable contractual provisions, including General Terms and Conditions of Business (GTC), data protection policy, and measures and standards for protecting personal data;

(f) Information about data transfer security standards;

(g) A reference to any export restrictions for the goods and services on offer, where such are known;

(h) Any cancellation options and the terms and conditions applicable to the same; and

(i) Other legally required information (in particular according to the Law on Unfair Competition (UWG), price disclosure and data protection legislation).

IV. Definitions

“Acquirer”: Swisscard AECS GmbH, the entity that operates the American Express merchant acquiring business in Switzerland pursuant to a license from American Express.

“American Express Card” or “Card” or “Cards”: Card issued by or under license from the American Express Group or other supported payment methods for processing cashless payments.

“Authorization”: Confirmation from a Card Issuer (received through Stripe) that a Card is valid and is not blocked, and that no limit is being exceeded (see clause 5). Authorization does not confer any entitlement to You to reimbursement.

“Card Data”: Card number, expiry date, CID, information from the Card chip and magnetic strip and the Cardholder’s PIN.

“Card Identification Number” or “CID”: Three or four-digit number printed on the Card (on the front or back) that can be used as an additional security feature.

“Card Issuer”: Swiss or foreign licensed issuer and distributor of American Express Cards.

“Card Not Present Transaction”: Transactions in which the Cardholder and Card are not present at Your premises.

“Card Present Transactions”: Transactions for which the Cardholder and the Card are physically present at Your premises. All other Transactions will be Card Not Present Transactions.

“Cardholder”: Owner or user of a Card (whose name may be printed or otherwise specified on the front of the Card but does not need to be specified).

“CDCVM”: Customer Device Cardholder Verification Method, may replace Authorization by Cardholder signature or PIN in eWallet Transactions.

“Charge”: A payment made for a Service offered by You using the Card.

“Chip Card”: A Card that features a chip on which information relevant to payment processing is or will be stored.

“Contactless Technology”: Technology that enables the contactless transfer of Transaction details in Card Present Transactions using Chip Cards or Mobile Devices at a Terminal.

“Credit”: Full or partial reversal of a Charge (e.g. due to exercising of warranty rights or right to return).

“Customer Receipt”: A copy of the Receipt that is handed or sent electronically to the Cardholder.

“Digital Card Number”: Also known as the “Alias” or “Token”, is a reference number used instead of the Card number to increase the security of Transactions and prevent access to the real Card number by third parties. A Digital Card Number is frequently used in Card Not Present Transactions and when using eWallets.

“Digital Order”: An order placed via a website, the internet or by means of some other electronic transfer (e.g. in-app purchases).

“Disputed Charge”: A Charge (or part of a Charge) contested by the Cardholder or in relation to which the Cardholder has notified the Card Issuer or You about disputes or complaints.

“EMV”: Specification for Cards with a processor chip and for the associated chip readers (Hardware Terminals).

“eWallet”: An application stored on a Mobile Device which includes a payment function supported by American Express (e.g. electronically stored Card).

“Gross Transaction Amount”: Total Charge or Credit amount, including all taxes, fees, and tips etc.

“Hardware Terminal”: Stationary or mobile device for accepting cards and processing Transactions. These include Terminals incorporated into till systems and fuel terminals, etc. Hardware Terminals also include mPOS Terminals. These are mobile Card readers which can be used to process the Transaction via a Mobile Device (e.g. smartphone) and an app.

“Imprinter”: Device for manually recording Card information with carbon paper for embossed Cards.

“Merchant Receipt”: A copy of the Receipt that is retained by You and, depending on the Transaction, may include the Cardholder’s signature.

“Mobile Device”: An electronic mobile end device (e.g. cellphone, smartphone, tablet, computer or other device) that has the ability to make a payment via an eWallet.

“Payment Terms”: These terms and conditions for Accepting American Express Cards in Switzerland.

“PCI DSS” (Abbreviation for Payment Card Industry Data Security Standards): Security standards for the payment card industry set by the Payment Card Industry Security Standards Council. For more information, see www.pcisecuritystandards.org.

“PIN” (Abbreviation for Personal Identification Number): A secret number used by the Cardholder to authenticate himself or herself as the legitimate owner of a Card.

“Receipt”: Written or electronically issued information relating to a Transaction. Receipts can be generated by Terminals.

“Recurring Billing Charges”: Recurring charges with You for the same or different amounts at fixed or unfixed points in time.

“Self-Service Terminal” or “Customer Activated Terminals” or “CATs”: Unattended Terminal (e.g. Terminal for paying at a fuel pump or at a vending machine).

“Service” or “Services”: Goods and services offered by You.

“Signature on File (S.O.F.)”: Card acceptance based on a signature previously provided.

“Terminal”: Hardware Terminal or Virtual Terminal.

“Transaction”: A Charge or Credit made manually or electronically using the Card.

“Transaction Data”: Data (including Card Data) that is processed as part of the processing of a Transaction.

“Virtual Terminal”: Applications to accept Cards and process Transactions in Card Not Present Transactions.

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