Subscriber Conditions for Postfinance credit cards/prepaid cards

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