Preamble
This Service Order ("SO") is an integral part of the General Terms of Service ("GTS"). The GTS and this SO define the terms and conditions for the provision of the Credit service (hereinafter also “Credit”) by Swizzonic SA (“Swizzonic”) to Customers (“Customers” or “Customer”). Capitalized terms used in this SO have the same meaning as defined in the GTS.
Art. 1 Purpose of the SO and Use of Credit
1.1 Through the Credit, Swizzonic offers the Customer the possibility to fund an available balance for the purchase of services offered on the portal https://www.swizzonic.ch/?lang=en (hereinafter “Swizzonic Services”). The Customer may not use the Credit balance to purchase additional Top-ups. The Credit balance can be funded through (i) Top-ups purchased by the Customer according to the procedures described on the page https://www.swizzonic.ch/company/payment/?lang=en (hereinafter also “Top-up” or “Top-ups”), and (ii) any bonuses granted to the Customer free of charge, as part of an offer or promotion (hereinafter also “Bonus”).
1.2 The Credit service will remain valid for a period of eighteen months from the last Top-up or Bonus. Upon increasing the Credit balance through a new Top-up or Bonus, this validity period will restart for the same duration, as specified in the following articles.
1.3 After purchasing a Top-up, it will be available, in principle, within one business day after the corresponding amount has been credited to Swizzonic. The Credit balance will be displayed in the Customer’s control panel and may then be used as a means of payment for purchasing the Swizzonic Services.
1.4 The Credit balance must be equal to or greater than the total price, including taxes, of the Swizzonic Services that the Customer intends to purchase with the Credit. It is the Customer’s responsibility to check the availability of their Credit balance, as it is not allowed to pay for Swizzonic Services using multiple payment methods. In particular:
i) If the total price of the Swizzonic Services that the Customer wishes to purchase exceeds the Credit balance, the Customer may not pay for these Services with Credit and must use another payment method accepted by Swizzonic to complete the purchase;
ii) If the total price of the Swizzonic Services that the Customer wishes to purchase is equal to or less than the Credit balance, payment may be made using the Credit, and the corresponding amount will be deducted from the Credit balance (for the payment, the amounts forming the Credit balance will be used, whether Top-ups or Bonuses, starting with those most recently credited).
1.5 The Customer is informed that the Credit does not constitute a bank account in any way. Therefore, no interest of any kind will ever be calculated on the Credit, and no financial services or activities will be carried out on the Credit.
1.6 The Customer may not transfer the Credit, in whole or in part, to any third party.
1.7 For the receipt of amounts for Credit Top-ups, Swizzonic will not issue an invoice. The Customer is informed that Swizzonic will issue an invoice at the time of purchasing the Swizzonic Services for the corresponding amount.
1.8 Bonuses may indicate a validity or expiration date by which they must be used; otherwise, they must be used for the purchase of Swizzonic Services within the validity period of the Credit service provided in Article 1.1.
Art. 2 Right of Withdrawal, Termination of this SO and Credit Cessation
2.1 Customers who qualify as Consumers have the right to exercise their withdrawal from this SO under Legislative Decree No. 206/2005, as provided in Swizzonic’s General Terms of Service.
2.2 Notwithstanding the above, both the Customer and Swizzonic have the right to terminate this SO by giving written notice with a 30-day notice period.
The Customer may exercise this withdrawal right by registered letter to Swizzonic AG, Badenerstrasse 47, CH-8004 Zürich, attaching a copy of their identification document and indicating the bank account details (IBAN) where they wish to receive the refund of any remaining Credit balance.
Swizzonic may send the Customer communications relating to this SO using the contact information provided by them, including email address, associated with the Customer’s Swizzonic account.
2.3 The Customer is aware and agrees that if they do not fund the Credit service with new Top-ups within the eighteen-month validity period of the Credit service provided in Article 1.1, Swizzonic may cease the Credit service after notifying the Customer.
2.4 In the event of withdrawal or cessation of the Credit service, Swizzonic will refund to the Customer the available amounts of the Credit balance relating to Top-ups previously made by the Customer, subject to the provisions of Article 2.5. Amounts present in the Credit balance as Bonuses will not be refunded; however, these Bonuses may still be used within the validity period indicated, according to Article 1.8 of this SO.
2.5 In the event of withdrawal from this SO by the Customer, they must provide Swizzonic, together with the withdrawal notification and no later than 3 (three) months from its submission, their bank account details (IBAN) where they wish to receive the refund of any remaining available Credit balance. Similarly, the Customer undertakes to provide Swizzonic with their bank account details (IBAN) within 3 (three) months from receiving the notice of termination or withdrawal of the Credit service from Swizzonic. If the Customer does not provide their bank account details within this period, the Credit service will be permanently terminated, the balance will be reset to zero, and this SO will be automatically considered terminated.
Art. 3 Specific Obligations of the Customer
3.1 The Customer may check the balance of their Credit from the control panel associated with their Swizzonic account.
3.2 The Customer is responsible for the movements and use of the amounts present in the Credit of their account.
3.3 The Customer is solely responsible for the credentials provided by Swizzonic to access the services and undertakes to use them personally and in a manner that does not cause damage or disruption to the network or other users and does not violate laws or regulations.
3.4 The Customer undertakes to fund their Credit with periodic Top-ups made at intervals of no more than eighteen months.
3.5 The Customer must promptly review communications sent by Swizzonic and undertake to update the contact details provided to Swizzonic in case of changes and check them daily in order to be promptly informed of communications addressed to them.