Brunschwig & Cie SA
Credit Card General terms and conditions of use
September 2020
1. Declaration by the applicant and acceptance of the General Terms and Conditions of Use
By signing the card application, the applicant confirms the accuracy of the information given in the form and certifies that he/she is financially solvent. He/she confirms that he/she has read and accepts these General Terms and Conditions without reservation.
2. Issuance of the credit card, communications, period of validity, termination of the contract
2.1. The applicant is informed that Brunschwig & Cie SA, the credit card issuer, reserves the right to refuse this application without giving reasons. Upon receipt of the application, Brunschwig & Cie SA will examine the applicant's creditworthiness on the basis of the information provided in the application form and by obtaining any relevant information from the competent authorities.
2.2. Once the application has been accepted by Brunschwig & Cie SA, the cardholder will receive a written declaration of acceptance, stating the credit limit granted and the card applied for, and a user account will be opened in his/her name. All credit cards issued by Brunschwig & Cie SA remain the exclusive property of Brunschwig & Cie SA.
2.3. Communications from Brunschwig & Cie SA shall be deemed to have been notified to the cardholder when they have been sent to the last address provided by the cardholder. The cardholder is obliged to inform Brunschwig & Cie SA without delay of any changes in the data provided.
2.4. The card is normally issued for a period of three years and expires at the end of the month and year indicated on the card. It is tacitly renewable at the end of this period, unless it is cancelled in writing two months before the expiry date of the card.
2.5. Brunschwig & Cie SA and the Cardholder may at any time and without stating reasons request the Card to be blocked or terminate the contractual relationship in writing. If the principal Card is cancelled, all additional Cards will automatically be cancelled. All outstanding sums are due and payable without any further formality. The Cardholder may also revoke the contract in writing within 7 days of receipt.
3. Use of the credit card
3.1. The card can be used in all Bongénie Grieder, Maxmara Suisse, Buzzano and Hofstetter Sports shops up to the individual limit set by Brunschwig & Cie SA.
3.2. The card is identified by means of a barcode and must be signed by the cardholder. For purchases in shops, the cardholder must sign the proof of sale and the signature must be identical to the signature on the card. When making purchases on the Internet, the card's identification details must be validly indicated. The cardholder thus acknowledges the validity of the transactions concluded and the resulting claims of Brunschwig & Cie SA and undertakes to pay them.
3.3. Purchases, returns and other guarantees in the event of defects are governed by the General Terms and Conditions of Business, which are available in the Brunschwig & Cie SA shops and on the website www.bg-club.ch.
4. Credit limit, invoices, payment terms and settlement control
4.1. Brunschwig & Cie SA grants the Cardholder a credit equivalent to the amount of the spending limit. The use of the credit card thus enables purchases to be registered in the user account and thus to defer payment. Any request for a change in the credit limit must be made in writing to Brunschwig & Cie SA, which is free to accept or reject it, without stating the reason. Brunschwig & Cie SA is also free to adjust the credit limit at any time, which will be deemed to have been accepted unless the cardholder notifies Brunschwig & Cie SA in writing within ten days.
4.2. Once a month, the Cardholder receives a statement of the transactions carried out, including an invoice for the amount due. The Cardholder is obliged to pay the invoiced amount by the payment date at the latest and in accordance with the terms and conditions shown on the statement. Any disputes relating to the purchase of goods and any claims arising therefrom do not release the Cardholder from the obligation to pay the invoiced amounts.
4.3. The cardholder must therefore pay an amount at least equal to 10% of the balance shown on the statement, before the expiry of the date shown on the statement, by postal or bank transfer, by LSV or to Customer Service: Brunschwig & Cie SA - BG Club Customer Service, Chemin de la Marbrerie 3-5, CH- 1227 Carouge GE. Interest at an effective annual rate of 12% will be charged to the cardholder on any debit balance remaining until the date on which the next monthly statement is closed (i.e. in principle on the 25th of each month).
4.4. If the amount paid is less than the minimum amount shown on the statement, the unpaid portion of the minimum amount is added to the minimum amount on the next Card statement. In this case, Brunschwig & Cie SA reserves the right to demand immediate payment of the entire outstanding invoice amount and to block the card. Any reminder and collection costs are to be borne by the cardholder.
4.5. In the event that no minimum payment on the outstanding balance has been received on the user account, the entire debit balance of the account will become due and payable, without any further notice or formal notice. Brunschwig & Cie SA is then entitled to demand payment by means of legal action and may block the card until the account has been settled.
4.6. If the credit limit has been reached, the Cardholder must make a payment in order to unblock his account and the Card(s) linked to it.
4.7. The statement of account is to be checked upon receipt. Any complaint or dispute must be made by post, as soon as the statement is received but no later than thirty days after the date shown on the statement, to the customer service department: Brunschwig & Cie SA - BG Club Customer Service, Chemin de la Marbrerie 3-5, CH- 1227 Carouge GE. Failing this, the statement, the resulting amount to be paid and the transactions listed therein will be deemed to be accepted.
5. Main card - Additional card
5.1. The holder of the main card is also the holder of the user account linked to it and to which the additional cards issued on request will be linked. He is fully liable to Brunschwig & Cie SA for any obligations and damages arising from the use, including by third parties, of the additional card(s) linked to his account, to which these General Terms and Conditions of Use apply without distinction.
5.2. The principal cardholder is obliged to ensure that the additional card is signed by the third party beneficiary concerned and to inform the third party beneficiary of any changes to these General Terms and Conditions and the other conditions governing the use of the card.
6. Duty of care
6.1. The Cardholder is required to sign the Card immediately upon receipt in the space provided for this purpose and to keep the Card carefully in his possession at all times. The Card is personal and non-transferable.
6.2. In the event of loss, theft, confiscation or misuse of the Card or mere suspicion thereof, the Cardholder must immediately have the Card blocked by Customer Service. In the event of suspicion of a criminal offence, the Cardholder undertakes to report the matter without delay to the competent criminal prosecution authorities. The Cardholder must also contest any undue transactions within the 30-day period specified in 4.7 above, it being specified that all transactions that took place before the Cardholder reported the loss, theft or misuse of the Card to Customer Service will remain the sole responsibility of the Cardholder, unless the Cardholder proves that the transaction was unauthorised and that no fault is imputable to him.
6.3. Expired, cancelled or blocked cards must be rendered unusable spontaneously and without delay.
7. Use of data and data protection privacy statement
7.1. The cardholder expressly consents to the processing of his/her data in any form by Brunschwig & Cie SA for the purpose of fulfilling legal, regulatory or contractual obligations or to protect legitimate interests. This includes, in particular, the communication of this data to external service providers for the purpose of outsourcing these obligations. He authorises Brunschwig & Cie SA to check the information provided in connection with his creditworthiness at any time, including by contacting third parties and the Central Credit Information Office (ZEK/IKO). In particular, the cardholder acknowledges that in order to comply with the obligations imposed by the Federal Law on Consumer Credit, Brunschwig & Cie SA may be required to report late payments to the Central Credit Information Office (ZEK/IKO).
7.2. In addition, the cardholder authorises Brunschwig & Cie SA to process the data in connection with the card(s) for the purpose of providing personal advice and information on the products offered by Brunschwig & Cie SA, as well as for market research, marketing and risk management. He consents to be contacted by Brunschwig & Cie SA for these purposes.
7.3. In addition, the Brunschwig & Cie SA privacy notice on data protection applies and is available for consultation at www.bg-club.ch or on request from the customer service department: Brunschwig & Cie SA - Customer Service BG Club, Chemin de la Marbrerie 3-5, CH- 1227 Carouge GE or support@bg-club.ch.
8. Modification of the conditions and other provisions
8.1. Brunschwig & Cie SA reserves the right to amend these General Terms and Conditions of Use at any time. Any changes will be notified to the cardholder in an appropriate manner. Unless the new General Terms and Conditions of Use are disputed in writing or the contractual relationship is terminated in writing before the new General Terms and Conditions of Use come into force, and in any event upon the first use of the card, they shall be deemed to be fully accepted.
8.2. Brunschwig & Cie SA may at any time transfer the performance of this agreement, in whole or in part, or transfer the rights and obligations arising from it, to third parties in Switzerland or abroad without the Cardholder's prior consent.
9. Application to "BRW Crescendo" credit cards
These General Terms and Conditions of Use apply in full to the contractual relationship between Brunschwig & Cie SA and the holders of “BRW Crescendo” credit cards from the moment they come into force.
10. Applicable law and place of jurisdiction
Swiss law is exclusively applicable and applies unless otherwise provided for in these General Terms and Conditions of Use. The exclusive place of jurisdiction for all proceedings is Geneva, the place of the registered office of Brunschwig & Cie SA. The same applies to the place of performance and the place of debt enforcement proceedings for Cardholders domiciled abroad. Mandatory legal provisions are reserved.