General Terms and Conditions for Borrowers
19 June 2018 (Version 1.3)
The Platform www.lend.ch (the Platform)
enables borrowers (the Borrowers) to enter
into a loan agreement with Switzerlend AG, Hofackerstrasse 13, 8032 Zurich (the
Lender) and investors (the
Investors) to purchase and transfer the loan
agreement and/or assign the loan claims arising from the loan agreement. The
Lender is also the operator of the
Platform. No loan agreement is concluded between the
Borrowers and the
Investors. The Lender
is subject to Anti-money laundering legislation and is licensed as a
Lender in accordance with the Consumer Credit Act.
Entitlement to make a new offer
If the sum of the financing commitments made does not amount to 100% of the loan amount
(the Partial Financing), the
Lender is entitled to offer the
Borrower a new loan agreement in the amount of the
Default and right of withdrawal
If the Borrower fails to make a timely
payment of a monthly instalment latest on the due date, the
Borrower will automatically and without a reminder or
other notification be in default on the following day. The
Borrower shall pay interest on arrears on the
outstanding amount based on the applicable fee schedule.
The Lender has the right to withdraw from
the loan agreement if partial payments are outstanding, which amount to at least 10% of the
Prerequisites for payment, term and interest calculation
The loan agreement is subject to the following resolutive conditions
(a) the amount of the loan can be fully re-financed by the
Lender within the period specified on the
(b) the financing commitments are paid in full to the
Lender within the payment period communicated to
the Lenders, and to the
Borrowers as the case my be; and
(c) all documents requested by the
Lender are submitted within the time limit
If the Borrower fails to provide the requested documents to the Lender in due time, the Borrower shall be fully liable for any expenses and damages incurred.
The loan agreement is subject to the suspensive condition (“auflösende Bedingung” that the Borrower has provided complete, accurate and truthful information in the loan application.
On the first calendar day of the calendar month following the pay-out of the loan, the loan term, the interest calculation and amortization of the loan amount, if any, shall begin.
Credit assessment, reporting and information
The Borrower authorises the
Lender to obtain all information required to review the
loan application and to process any loan agreement, in particular from government agencies,
external credit bureaus, banks, the Central Credit Information Office (ZEK) and the
Consumer Credit Information Office (IKO) and to report to such third parties. Any data blocks
imposed by the Borrower are irrevocably lifted vis-à-vis
The Borrower acknowledges that ZEK (and IKO)
will or may inform associated lenders upon request about obligations of the
Borrower arising from new loan or leasing obligations.
The Lender may at any time re-examine the
If the Borrower has ordered the blocking of
data, he herewith removes such blocking vis-à-vis the
With regard to all notices of the Lender,
for which no mandatory legal provisions stipulate the written form, the
Borrower expressly acknowledges and agrees to the
legally bind-ing nature of electronic means of communication, including but not limited to
electronic messages in the user account of the Borrower
on the Platform, e-mails or SMS. The sending date shall
be deemed to be the date of the transmission copy of the electronic message in the
possession of the Lender.
All notifications of the Lender by post or
in any other suitable form shall be deemed to have been validly served upon sending to the
last correspondence address of the Borrower known to
Damages or losses incurred from the transmission, in particular due to loss,
delay, transmission errors, technical defects and malfunctions, operational breakdowns or
unlawful interference with computer sys-tems (of the
Lender or third parties) as well as in systems and
transmission networks accessible to the public, shall be borne by the
Borrower, provided that the
Lender has exercised customary care and diligence.
Change of address
The Borrower must notify the
Lender without delay of any change of
domicile/registered office or the physical, postal or correspondence address. If the
Borrower fails to do so, he assumes the risk of
incorrect service, notification or delivery. If the
Borrower transfers his domicile or habitual place of
residence outside of Switzerland, the Borrower is
obliged to repay the outstanding loan amount including accrued interest in full prior to
The Borrower acknowledges that the scope of Swiss law (in particular the Data Protection Act) is limited to the Swiss territory and that data stored abroad is not covered by the Swiss Data Protection Act. The Lender is entitled to have data of the Borrower processed in states which do not have adequate data protection. The Lender reserves the right to transmit the data, among other things, via the Internet. The Internet is an open network accessible for everyone. Data is therefore transmitted in an uncontrolled manner and across borders. In this context, the Borrower particularly accepts the possibility of personal data to be transferred abroad.
The Borrower agrees that the
Lender may, at any time, grant access to data of the
Borrower to third parties (including the
Investors) involved the processing of the loan
application and/or loan agreement, in particular but not limited to the purpose of improving
customer service. The Borrower authorizes the
Lender to use his data to send information about its
product and service offering, or to send such in-formation through authorised third parties,
for example to his e-mail, postal address, telephone or user account. The
Borrower may at any time notify the
Lender in writing that he no longer accepts the use of
his personal data for marketing purposes.
If the Borrower purchases an insurance, in
particular a payment protection insurance, he authorises the
Lender to forward data regarding the entering into
and processing of the insurance agreement to the provider of the payment protection
insurance or mandated third parties.
All employees, mandated third parties and affiliated companies with access to personal data collected by the Lender are obliged to process the data in accordance with the applicable Swiss regulation.
The Lender shall communicate the identity of
the Borrower to the
Investors only to the extent necessary for the
enforcement of their legitimate interests. This does not apply to
Borrowers who have chosen to already disclose their identity
as part of the publication of their loan project.
Terms of payment and fees
All payments by the Borrower shall be made using the orange payment slips received from the Lender or using other payment instruments permitted by the Lender. The Lender may require the Borrower to use the direct debit procedure (LSV) for processing monthly instalments. Counter and cash payments are not permitted without the approval of the Lender.
The Lender charges the
Borrower fees in accordance with the applicable fee
schedule which is available on the website of the
Lender is entitled to amend the fee schedule at any
time and to charge the Borrower further
costs/expenditures if these are caused by the Borrower.
Value added tax (VAT)
The loan agreement is based on the value-added tax rate applicable at the time of its conclusion. In the event of additional expenses incurred by the Lender as a result of changes in value-added tax regulations during the term of the contract, the Lender is entitled to pass on and charge related tax increases to the Borrower
Exclusion of liability
The Lender's liability for slight negligence, for auxiliary persons (mandated third parties and/or affiliated companies) and for all indirect damages is excluded. Liability according to mandatory law shall remain unaffected.
Exclusion of offsetting
The Borrower is prohibited to declare the offsetting for claims arising from the loan agreement vis-à-vis the Lender. The prohibition to set-off equally applies in bankruptcy, debt-restructuring and insolvency proceedings of the LenderR.
The invalidity of individual contractual provisions shall not affect the validity and binding nature of the remaining provisions.
Special agreements between the contracting parties must be made in writing. Verbal agreements are invalid.
Applicable law and place of jurisdiction
The loan agreement is subject to Swiss substantive law. The application of Swiss private international law and the international treaties, in particular the United Nations Convention on Contracts for the Interna-tional Sale of Goods of 11 April 1980 is excluded. Exclusive place of jurisdiction is Zurich, subject to mandatory place of jurisdiction.
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