Art. 1 Scope of application
These General Terms and Conditions (GTC) govern the contractual relationships between Hypohaus AG, Oberer Graben 42, 9000 St. Gallen (hereinafter referred to as “Hypohaus”) and its customers (hereinafter referred to as “Customer”).
In addition to the cooperation agreement and the power of attorney to provide information, these GTC govern the contractual relationship between Hypohaus and its customers as well as the legal relationship between the user of the hypohaus.ch website (hereinafter referred to as the “Website”). Contractual terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized unless Hypohaus has expressly agreed to them in writing in an individual case.
These provisions shall apply both to private consumers and to entrepreneurs or companies. A consumer within the meaning of these General Terms and Conditions is any natural person who places an order for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity, but to his private needs, and which do not exceed normal consumption. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity.
Hypohaus may supplement or amend the GTC at any time at its own discretion.
Art. 2 Information and statements to Hypohaus
Signature arrangements notified to Hypohaus in writing, as well as powers of attorney to provide information, shall apply to Hypohaus exclusively and until revoked in writing addressed to Hypohaus, notwithstanding any entries in the Commercial Register or publications to the contrary.
In order to use the services of Hypohaus, the customer undertakes to provide truthful and complete information. Should this not be complied with by a customer, Hypohaus expressly reserves the right to reject a customer’s request. Furthermore, Hypohaus assumes no liability for false information provided by the customer.
In the case of real estate financing, Hypohaus works together with various financing partners. The customer conclusively enters into his own business relationship with the respective partners selected by him. Any changes in the business relationship shall be agreed directly between the partners and the customer.
Art. 3 Subject matter of the contract
The subject matter of the contract shall be the separate cooperation agreement and any power of attorney to provide information.
Hypohaus shall decide in each individual case which services it will provide to the customer. These services are exclusively services related to real estate financing.
Hypohaus reserves the right to make adjustments to the scope of services at any time without giving reasons. These shall be notified to the customer in an appropriate manner.
Hypohaus has the right to terminate existing business relationships at any time at its own discretion with immediate effect.
Art. 4 Storage of the text of the contract
Hypohaus stores the data entered by the customer or user on the website or other telecommunication devices. Hypohaus sends the customer an order confirmation by e-mail with the most important data.
Customers have the option to create their own account.
Art. 5 Website access
By accessing the website and accessing the products, information and services contained or described therein, the user confirms that they have viewed, read, understood and conclusively agreed to these GTC. If they do not agree with the GTC or have not understood them, they should refrain from further access to the website.
Art. 6 Customer access
The customer can register on the website to be able to use it. By logging in, he confirms that he has again viewed, read, understood and conclusively agreed to these GTC.
The Customer may open an account, which is personal and non-transferable.
For the use of the website, the customer undertakes to provide truthful, complete and correct data within the scope of the registration. Should this not be complied with by a customer, Hypohaus expressly reserves the right to reject the registration of a customer or to delete the data. The customer is also obliged to regularly check the data on his account and, if necessary, to update or supplement it. The truthful information shall in any case include an actually existing, valid e-mail address of the customer.
At the request of Hypohaus, the accuracy of the data provided by the customer must be proven. Hypohaus reserves the right to make random checks regarding the accuracy of the deposited data.
The customer is obliged to protect his account from misuse by third parties and to keep his access data safe at all times.