General terms and conditions and terms linked to distance selling act
This English translation of the legally binding AGB is for your convenience only. These terms and definitions are valid until further notice.
I. General terms
1. Name and address of company and means of communication
Phone: 0041 32 510 04 42
2. Authorised representative directors
Dr. Claus Huber
3. Main business activity
DeinAnlageberater.ch provides individual and paid investment advice within the scope of an advisory mandate. The investment advice is based on information provided by the mandator. The customer interacts 24/7 with DeinAnlageberater.ch via web based application. The investment advice consists solely of exchange traded funds with low cost ratios [Total Expense Ratio, TER] and capacity for public distribution, issued by large institutions. DeinAnlageberater.ch does not enter into any contractual obligation with providers of any investment product. DeinAnlageberater.ch does not accept any financial or other benefits from any product provider.
DeinAnlageberater.ch accepts only payments directly made by the mandator for its services. DeinAnlageberater.ch aims for a long term relationship with the mandator.
Section II describes the advisory contract in more detail.
4. Bank accounts and custody services, brokerage
DeinAnlageberater.ch does not offer any kind of services around bank accounts, custody services or brokerage services. The mandator executes the investment advice with their bank or broker.
5. Declaration of the regulatory status
DeinAnlageberater.ch is not an asset manager and not a distributor of mutual funds. DeinAnlageberater.ch does not conduct any kind of services which are subject to regulation.
6. Commercial registration Switzerland
7. Tax ID number
8. Language and currency
The official language of DeinAnlageberater.ch is German. Unless other specified, the official currency is CHF.
9. Classification of mandator
The mandator is classified as private investor. The investment advice should only be used within the scope of a private wealth management. The investment advice should not be used in a commercial matter.
10. Means of communication
Communication between DeinAnlageberater.ch and the mandator within the scope of the investment advice should only be done via internet. Other communication can be done by letter, e-mail or phone.
11. Information about the financial products
DeinAnlageberater.ch provides the mandator with the relevant documents required by law providing the link to the corresponding investment advice.
12. Online archive
The mandator has access to the investment advice via our archive for at least 10 years free of charge.
13. Conflict of interest
DeinAnlageberater.ch does not accept any kind of payments from issuers of mutual funds or banks for assets under management or for executed trades. Hence DeinAnlageberater.ch finds itself in the perfect situation to provide the mandator with investment advice without being affected by the traditional conflict of interest.
However, if a conflict of interest does appear, DeinAnlageberater.ch will explicitly inform the mandator about such a conflict.
14. Legal system/place of jurisdiction
Law of Switzerland/Altendorf.
15. Opening and deletion of an account
Each mandator gets access to his personal details in a separated area, protected by password.
At any time the mandator has the right of deletion of his account. After the account has been deleted the mandator can't further access the online archive and the level of credit points is set to zero. DeinAnlageberater.ch will contribute the value of forfeited points to an established charity.
16. Scope of terms and conditions
The definitions of the document apply to the entire relationship and interaction of the mandator and DeinAnlageberater.ch.
DeinAnlageberater.ch will not give any kind of information related to the existing relationship to any third party, except DeinAnlageberater.ch is forced by public authority or the regulator.
18. Liability DeinAnlageberater.ch ; negligence of mandator
a) Basic tenets of liability
DeinAnlageberater.ch is liable for any damage caused by negligent or wantonly negligent misbehaviour of their employees or any servants. If the damage is also caused by culpable behaviour by the mandator, the scope of liability is linked to the contributory negligence.
b) Disruption of operations
DeinAnlageberater.ch is not liable for damage caused by force majeure, uproar, war and natural disaster or any other incident caused by a third party and outside the scope of the provision of the agreed services by DeinAnlageberater.ch.
c) Obligation of cooperation of the mandator
The mandator is obliged to answer the questionnaire honestly and on a best effort basis.
A change in the personal situation of the mandator, of the mandator's preferences or the market environment can invalidate the investment advice provided by DeinAnlageberater.ch. Hence the mandator is obliged to use the investment advice immediately (i.e. not later than 5 days).
II. Advisory contract
1. Main characteristics
When opening the account with DeinAnlageberater.ch, the mandator enters into an informal advisory contract with DeinAnlageberater.ch. The advisory contract has no specific maturity date. Each party has the right to cancel the contract without giving reason or any notice period at any time. The mandator cancels the contract by deletion of his account.
The mandator compensates DeinAnlageberater.ch for the advice with points. The mandator purchases the points in return for payment.
The investment advice is provided within the advisory mandate via internet, resp. the DeinAnlageberater.ch-app. The mandator answers an interactive questionnaire. The questionnaire acts as basis for the determination of the mandator's risk capacity and their risk preferences, as well as their preference for currencies (for example, CHF, EUR, USD, ...) and asset classes (for example, equity, fixed income, commodities, …
DeinAnlageberater.ch has developed a proprietary computer algorithm which generates the investment advice. The investment advice acts as minutes, the presentation of the detailed investment advice and of the legally required documents.
DeinAnlageberater.ch does not provide market forecasts or guarantee any minimum redemption. The performance of the investments is fundamentally depending on the performance of financial markets.
The mandator is fully responsible for the implementation of the investment advice. Further costs can occur with the bank, savings bank or online bank for account and custody services, needed for the implementation of the investment advice.
N.B.: The implementation of the investment advice, accounts and custody services regularly create additional costs.
Market risk and price risk
The market value of your investment products can increase or decrease over time. The loss in value can be temporary or final.
Liquidity risk or resale risk
Investment products are bought and sold on stock exchanges with dedicated trading rules. These trading rules regularly balance the interests of professional market participants and retail investors. Investment products can be traded on each exchange trading dates (with a few exceptions exchange trading dates correspond to regular working day definitons). However unforseeable events might have a negative impact on the ability to buy or sell investment products. For instance, as a consequence of the 9/11 attacks on the World Trade Center, financial markets have been closed for several days to protect investors.
Credit- or default risk
Investment products invest in financing instruments issued by corporates or public authorities. The ability of such issuer to serve interest payment and redemption of such instrument impacts the value of such instrument (credit-worthiness). The change in market value can be temporarily or permanently.
Investing in other currencies than your domestic currency bears additional currency risks. If your domestic currency decreases in value versus the foreign currency, your investment in foreign currency gains by the same amount, and vice versa.
Operational risk describes for example risk in association with the implementation of an investment strategy. In the case of DeinAnlageberater.ch this could be, amongst other things, an error that the client commits while implementing the recommendation.
Your wealth and your income can be subject to significant taxes, not only in your country of residence, but also abroad. Local and international tax standards are subject to change on a regular basis. Our investment advice aims for a advantageous taxation, however we are not allowed to provide tax advice. Please contact your tax consultant for advice prior to taking an investment decision.
3. Start of the advisory contract, minimum term of the contract, statutory rights of cancellation
DeinAnlageberater.ch and the mandator contract an informal advisory agreement. The term of the contract starts the moment the mandator requests the investment advice for the first time. There is no minimum term of the contract. The mandator can cancel the contract any time by deleting their account.
4. Costs of the investment advice
For each investment advice DeinAnlageberater.ch earns a compensation. For each new investment advice the mandator is debited one credit point. The mandator can purchase credit points for money or earn credit points by consuming promotional clips or actions, like recommending friends. Payments can be conducted by credit card PayPal or similar services.
5. Minutes of the consultation: delivery, dead-line and right of cancellation
According to governing law DeinAnlageberater.ch prepares minutes of the engineering of the investment advice in a digital format. The mandator explicitly confirms such digital minutes fully satisfy his documentation needs. The digital minutes fulfill all legal requirements of DeinAnlageberater.ch regarding documentation of the investment advice. The digital minutes will be archived in the clients' protected area for at least 10 years without any additional costs.
Since DeinAnlageberater.ch does not offer any brokerage services, deadlines, time-limits and rights of cancellation have no material impact on the minutes of consultation.
6. Payment and performance
DeinAnlageberater.ch executes the contractual obligation by showing the details of the investment advice on the screen of the mandator's electronic device. Prior to this the mandator's level of points is reduced by 1.
III. Instruction of cancellation,
right of cancellation
Right of cancellation
The mandator obtains the right to cancel his contractual declarations within a period of 14 days without giving reasons by specific explanation. If the declaration is being made on durable medium (for example, letter, fax or e-mail) the day of sending needs to be within the given deadline of 14 days.
Recipient of cancellation:
Breitenstrasse 15, 8852 Altendorf, Switzerland
Consequence of cancellation
In case of an effective cancellation both parties mutually agree to redeem the services and benefits. The mandator has to proof in an appropriate way the following: the mandator has not taken any advantage of any information contained in the investment advice and the mandator has not given information of any kind contained in the investment advice to a third party. Without such proof the cancellation remains pending and DeinAnlageberater.ch has the right to reduce the refunded amount. The obligations and payments as a result of an effective cancellation need to be fulfilled within 30 days, beginning with the day of sending for the mandator and with the day of reception for DeinAnlageberater.ch.