General Terms and Conditions (GTC)
kmuOnline ag, Bottmingerstrasse 75, CH-4104 Oberwil
- Scope of validity: These GTC apply for all currency transactions concluded between the undersigned, hereinafter ("the client") and kmuOnline ag.
- Principle: kmuOnline ag procures for the client against consideration the (foreign or CHF) currency requested up to a maximum of CHF 250'000.- per banking workday and transfers the currency to the client once the client's payment has been received by kmuOnline ag.
- Conclusion of the currency transaction: The client requests online via the active internet address the conclusion of a currency transaction with an application which defines the currency pair, the amount, the type of transaction (purchase or sale) as well as the bank account to which the currency is to be transferred.
- Payment by the client: The client transfers the amount, plus any bank charges for the transfer of the currency to the account of kmuOnline ag within 24 hours after his or her online application. If the payment is not received by kmuOnline ag within this time, the exchange rate can be adapted to the current market price with notification to the client. If the payment has still not been received by kmuOnline ag after a further 24 hours, kmuOnline ag can again adapt the exchange rate to the current market price with notification to the client, or can withdraw from the transaction. In any and all cases, the client shall compensate kmuOnline ag for damages which the latter has suffered due to late payment by the client, especially exchange rate losses.
- Transfer of currency: kmuOnline ag transfers the currency to the bank account specified by the client if possible on the day on which the payment from the client is received on the account of kmuOnline ag (the valuta time applies),. but at the latest on the next banking workday. Any bank and other charges in connection with the transfer of the currency are for the account of the client.
- Identification details: The client receives from kmuOnline ag an user name and a password. The client shall keep these identification details confidential and protect them from misuse by unauthorized persons. The Client carries all risks which might arise from use of the identification details - even in the case of misuse - and unconditionally recognizes all currency transactions which are concluded in connection with the identification details.
- Liability of kmuOnline ag: kmuOnline ag is liable to the client exclusively for damage which it causes intentionally or through gross negligence (Any and all further liability is excluded. In particular, the client shall carry the damage which might arise as a result of lateness, misunderstanding, faulty data transfer etc. from use of the means of communication).
- Amendments to the GTC: kmuOnline ag reserves the right to adjust or amend these GTC. The amended GTC shall be sent to customers by email. kmuOnline ag assumes that, unless notice to the contrary is received within 14 days, the GTC have been accepted.
- Applicable law and place of jurisdiction: These GTC are subject to Swiss law. The place of debt enforcement and the exclusive place of jurisdiction for all processes is the domicile of kmuOnline ag. kmuOnline ag also has the right to sue the Client at the responsible court of the latter's place of residence or domicile or at any other responsible court.
- The General Terms and Conditions as well as the form of the beneficial owner must be signed and the original returned to kmuOnline ag by post. Legal entities must also send a simple copy of the passport or ID of the person(s) authorised to sign on their behalf. Natural persons must also submit a certified copy of their passport or ID.
- kmuOnline ag only conducts business with contracting parties who are the sole beneficial owner of the assets involved. Only money from designated contracting parties can be accepted.
- Means of communication: kmuOnline ag communicates in principle by email. Customers must therefore ensure that they have a valid email address and accept this without reservation as the communication address and email as the means of communication.