General Terms and Conditions
Finhol AG (Switzerland - Canton Zug)
Scope of application
- These General Terms and Conditions (GTC) apply to all contracts concluded between the customer and Finhol AG (Finhol). When placing an order, the customer recognises the GTC in the version valid at the time the order is placed.
- The GTC govern the details of the contractual relationship and also contain important customer information in the legally authoritative version. The customer can access the GTC at any time via links on the Finhol website, save them on their computer and/or print them out. The GTC shall also be sent to the customer in text form upon conclusion of the contract.
Contractual partner
- Finhol AG, Oberacher 1, 6315 Morgarten, Switzerland, registered in the commercial register of the Canton of Zug under CH-900.452
- Email: udoamend@gmx.de
Offer Data
- Finhol AG offers its customers the purchase, holding, and guaranteed repurchase of certificates physically backed by gold and Bitcoin. All certificates purchased by customers are held in custody by Finhol AG. This offer is not intended for the general public but is limited to customers who contact Finhol on their own initiative and open an account. Only then will customers have access to information regarding Finhol certificates.
Prices and terms of payment
- Finhol charges the customer a flat fee of 3% of the investment (at the price on the purchase date) for the purchase of the certificates. When repurchasing the certificates, Finhol charges the customer a further flat fee of 3% of the value of the products at the time of sale. No fees are charged for the safekeeping of the certificates. However, Finhol reserves the right to charge a fee for the safekeeping of certificates in the future. In this case, customers would be informed in advance by email.
- The lump sums are paid by deducting the lump sum from the investment amount when buying and selling.
- All bank charges associated with the payment (especially for international transfers) are to be borne by the buyer. The order will only be executed after the total amount stated on the invoice has been received in full in our account without deductions.
Right of cancellation
- The prices of the certificates are subject to market fluctuations over which Finhol has no influence. For this reason, customers cannot be granted a right of withdrawal; nor does Swiss law provide for such a right.
Force majeure
- Neither the customer nor Finhol shall be in breach of their contractual obligations or liable to the other party if they are prevented from performing their obligations under the agreement due to an event beyond their control and through no fault of their own.
Assignment/transfer
- Neither the customer nor Finhol may assign and/or transfer the rights and/or obligations arising from the agreement to a third party without the written consent of the other party. Finhol reserves the right to collect debts.
Subcontractors
- Finhol is entitled to engage subcontractors to perform the services. Finhol assumes responsibility for such subcontractors, whose work is considered part of the services provided by Finhol.
- Finhol shall inform the customer in advance if such subcontractors are not Finhol employees.
Limitations of liability
- Unless otherwise specified in the agreement, any liability arising from the agreement between Finhol and the customer and other beneficiaries, subject to the exceptions listed in section 17 below, is hereby:
- for any type of damage,
- on whatever legal grounds any liability of Finhol may be based,
- regardless of whether the damage was caused by Finhol, a Finhol employee or an auxiliary person,
limited to a maximum of the flat rates paid to Finhol.
- The limitation of liability set out in sections 13 to 16 above shall not apply if Finhol, a Finhol employee, or an auxiliary person caused the damage with unlawful intent or through gross negligence.
- Any liability of Finhol employees and auxiliary persons, other than that of Finhol itself, is hereby excluded to the extent permitted by law. The customer shall assert any claims exclusively against Finhol. Finhol employees and auxiliary persons may independently invoke this exclusion of liability. The exclusion of liability shall also apply to persons who have left the circle of Finhol employees or auxiliary persons during or after the provision of the services.
Data protection
- The customer and Finhol shall comply with applicable data protection law, in particular the Swiss Federal Act on Data Protection and, where applicable, Regulation (EU) 2016/679 GDPR.
- Finhol takes technical and organisational measures appropriate to the risk to protect personal data.
Cancellation
- Both the customer and Finhol may terminate the agreement at any time by giving 30 days’ written notice.
- In the event of good cause, both the customer and Finhol may terminate the agreement with immediate effect.
- Termination in accordance with clauses 21 and 21 shall not affect the rights of the customer or Finhol that arose prior to the termination of the agreement. Claims of Finhol for lump sums pursuant to clauses 5 and 6 shall become due at the time of termination of the agreement.
- The provisions of these GTC shall continue to apply after termination of the agreement.
Changes
- All amendments to the Agreement must refer to the Agreement and, unless otherwise agreed in the Agreement, must be made in writing and signed by the Customer and Finhol.
Severability clause
- Should any provision of these GTC or the agreement be or become invalid, void or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
Compliance and sanctions
- Finhol and the Customer shall comply with all applicable laws and regulations relating to anti-bribery, anti-corruption and sanctions. The Customer and Finhol shall refrain from any activity, action or behaviour that would constitute a violation of such applicable laws or cause the other party to violate such applicable laws.
- Insofar as Finhol is obliged under the German Money Laundering Act (GwG) to identify the customer and any beneficial owner, customers are legally obliged to co-operate as our contractual partner; in particular, customers must provide us with the information and documents necessary for identification and notify us immediately of any changes arising in the course of the business relationship.
Applicable law and place of jurisdiction
- These GTC and the agreement are governed by Swiss law, excluding the rules of Swiss private international law and any international treaties.
- The exclusive place of jurisdiction for all disputes arising in connection with these GTC or the agreement is Zug, Switzerland.