General Terms and Conditions
Version date: 26 August 2026
FinanceFarm AG
Hofackerstrasse 40B, 4132 Muttenz, Switzerland
www.financefarm.com
26 August 2026
BASIC CONTRACTUAL MODEL
Each Transaction concerns an individually identified purchase asset. Users make their own decisions, do not hold freely disposable cash balances on the Platform and do not grant FinanceFarm any general decision-making or management authority. In the case of Digital Fractions, the Digital Image Asset is the purchase asset; the physical Original Asset is separate from it. Collateral exists only over specifically identified components of current assets and only following the separate and fully completed creation of security.
Table of Contents
2. Contract Documents and Order of Precedence
3. Definitions
4. Service Model and Clear Delineation
5. Access, Target Group and Country Restrictions
6. Registration, User Account and Security
7. Electronic Contract Formation
8. Seller’s Collection Management
9. Sale Review, Offer, Purchase and Payment
10. Seller’s Representations and Obligations
11. Independent Purchase of Co-Ownership
12. Acquisition and Content of Co-Ownership
13. Co-Ownership Rules, Dissolution and Transfer
14. Custody, Possession and Insurance
15. D-3, D-6, D-9 and Purchase Option in Favour of FinanceFarm
16. Seller’s Special Repurchase Right
18. Digital Fractions: Collateral Pool Comprising Current Assets
19. Digital Fractions: Selection, Purchase and Settlement
20. Marketing, Third-Party Sale and Exit
21. Payments, Proceeds and Settlement
22. Prices, Fees, Costs, Taxes and Currencies
23. Identity, Ownership, Source and Sanctions Checks
24. Risks and Disclaimer of Warranties
25. Permitted Use of the Platform and Trade Secrets
26. Content, Rights of Use, Data Protection and Confidentiality
27. Rejection, Suspension, Retention and Set-Off
28. FinanceFarm’s Liability
29. Indemnity and Enforcement of Rights
30. Third-Party Providers, Force Majeure and Service Interruption
31. Term, Account Closure and Amendments
32. Notices, Evidence, Governing Law and Jurisdiction
1. Provider, Purpose and Scope
1.1 FinanceFarm AG (“FinanceFarm”) operates the website, web applications, dashboards and the associated functions at www.financefarm.com (together, the “Platform”).
1.2 These GTC apply to visitors, registered Users, Sellers and Co-Participants, as well as to all transactions prepared or concluded through the Platform.
1.3 Transaction functions are available only to natural persons of full age and legal capacity and to legal entities that are duly represented. Further transaction-related requirements remain reserved.
1.4 FinanceFarm is obliged to provide only those services expressly specified in these GTC or in the individual Transaction Documents. There is no entitlement to registration, review, an offer or the conclusion of a contract.
1.5 The Platform is not directed at persons for whom use of the Platform or a specific Transaction is impermissible by reason of their place of residence, registered office, nationality or other personal circumstances. FinanceFarm may restrict access on a regional or person-specific basis.
1.6 These GTC neither oblige FinanceFarm to make individual functions available on a permanent basis nor confer any entitlement to conclude, extend or repeat a Transaction.
2. Contract Documents and Order of Precedence
2.1 These GTC form the general framework. Each Transaction is also governed by the individual documents made available before confirmation, in particular the Seller Purchase Agreement, Transaction Sheet, Submission Snapshot, Receipt Confirmation, Acceptance Confirmation or Rejection Notice, Acquisition Confirmation, Co-Ownership Rules, Custody and Option Terms and, in the case of Digital Fractions, the specification of the digital purchase asset, the Collateral Schedule, the Collateral Agreement and the Risk Disclosures.
2.2 In the event of any conflict, mandatory law shall prevail, followed by the individual contract including the Transaction Sheet and Submission Snapshot, object-specific annexes, expressly incorporated additional terms, these GTC and, lastly, the Terms of Use. The Privacy Policy shall govern information concerning the processing of personal data.
2.3 Marketing materials, FAQs, historical results, estimates and illustrative calculations are non-binding. A representation is binding only if it is expressly designated as binding in the individual documents.
2.4 The binding version is the version made available to the User before the User’s active confirmation and documented by date, version and – where technically provided – proof of integrity. Subsequent amendments apply to a Transaction already concluded only if validly agreed or to the extent required by mandatory law.
2.5 Individual documents are incorporated only if they were made available to the User before the User’s binding declaration or were clearly identified in the electronic contract formation process.
2.6 The User is obliged to read in full and permanently retain the documents made available for the User’s Transaction before confirming it. FinanceFarm may make an electronic copy available in the User Account after conclusion of the contract.
3. Definitions
3.1 “Rejection” means FinanceFarm’s documented and objectively justified rejection, within the Inspection Period and in accordance with the Seller Purchase Agreement, of an Asset that has been physically received.
3.2 “Acceptance Confirmation” means the express notification recorded in the User Account that, following successful final inspection, FinanceFarm has accepted a physically received Asset as conforming to the contract.
3.3 “Asset” means an individually identifiable physical asset, in particular art, watches, collectibles, design objects or classic vehicles.
3.4 “Co-Participant” means a person who independently acquires a specifically identified co-ownership interest in an individual Asset or a specifically identified Fraction of a unique digital purchase asset.
3.5 “Digital Image Asset” means the digital purchase asset clearly identified in the individual documents. Its technical or visual reference to an Original Asset does not affect the legal separation of the two assets.
3.6 “Submission Snapshot” or “Submit-for-Sale Snapshot” means the immutably versioned compilation of information, photographs, documents, condition information and provenance information submitted by the Seller for a specific Asset, together with the Asset, snapshot and time references.
3.7 “Receipt Confirmation” means solely the recorded physical receipt of the Asset and the associated documents at the designated storage location. It does not constitute Object Acceptance.
3.8 “Fraction” means the portion of a single unique Digital Image Asset specified in the individual documents. A Fraction is neither a means of payment nor an interest in FinanceFarm and does not confer ownership of the Original Asset.
3.9 “Whole-Asset Buyer” means the Co-Participant who applies in Reservation Mode to acquire the entire Asset and is designated as the buyer following the valid conclusion and completion of the Whole-Asset Purchase Agreement.
3.10 “Total Asset Value” means the value of 100% of the Asset stated in the Transaction Sheet. The price of an acquisition of the entire Asset is equal to the value of the 49% intended for Co-Participants plus the value of FinanceFarm’s 51% interest and a separate settlement surcharge of 10% of the Total Asset Value. The surcharge does not confer any additional ownership interest.
3.11 “Secured Claims” means exclusively the claims identified in the individual Collateral Agreement by legal basis, scope, maximum amount and term.
3.12 “Business Day” or “Working Day” means a day on which banks at FinanceFarm’s registered office are open for general business.
3.13 “User” means any person who accesses the Platform, maintains a User Account, submits content or prepares or concludes a Transaction.
3.14 “Object Acceptance” means FinanceFarm’s express approval of an Asset following successful final inspection. It is distinct from conclusion of the contract and physical receipt.
3.15 “Reservation Mode” means the time-limited and exclusively non-binding display of an Asset that has not yet been finally approved for sale, during which Users may register an interest in acquiring co-ownership interests or the entire Asset.
3.16 “Seller” means the person who records an Asset and, as its owner or a person with full power of disposal, prepares a sale to FinanceFarm.
3.17 “Seller Purchase Agreement” means the individual purchase agreement between the Seller and FinanceFarm concerning a clearly identifiable Asset, including the provisions on ownership, possession, delivery, Object Acceptance, risk, purchase price and Rejection.
3.18 “Collateral Schedule” means the Transaction-specific overview of the collateral assets, Secured Claims, allocation, assigned value, ranking, perfection, monitoring, release, substitution and enforcement. The overview does not replace the underlying Collateral Agreement or the acts required to perfect the security.
3.19 “Collateral Pool” means exclusively those components of current assets belonging to FinanceFarm that are specifically identified in the individual Collateral Schedule, over which a security right has been validly created to secure expressly identified claims and which have been allocated to the Transaction concerned.
3.20 “Transaction” means a legally and economically independent transaction concerning a specific purchase asset. Different Transactions are not combined into common assets or a portfolio.
3.21 “Original Asset” means the physical object whose visual characteristics form the basis of a Digital Image Asset. The Original Asset remains legally separate from the digital purchase asset and does not constitute collateral merely by virtue of that relationship.
4. Service Model and Clear Delineation
4.1 FinanceFarm acts in respect of each purchase and sale on the basis of an individually identified purchase asset and clear individual Contract Documents.
4.2 FinanceFarm does not provide personal recommendations to buy, sell or hold, asset management or portfolio management. The User makes each decision independently.
4.3 FinanceFarm does not collect monies for collective management for the account of multiple Users. There is no automatic reinvestment, cross-subsidisation or freely disposable User cash balance.
4.4 A purchase price is the consideration for the identified purchase asset. It neither bears interest nor is repayable on demand, except where the individual contract is not concluded or mandatory law requires repayment.
4.5 Actual performance must at all times comply with the Contract Documents. FinanceFarm may restrict or suspend processes if ownership, payment, custody, security or the legal position has not been sufficiently clarified.
4.6 Under the standard model, FinanceFarm acts in its own name when purchasing and subsequently disposing of an Asset. Any agency, commission agency, trust arrangement or brokerage for the account of the User exists only where expressly provided for in the individual contract.
4.7 Neither the technical designation of a function nor its representation on the Platform determines its legal characterisation. The specific rights granted, the economic function and actual performance shall be decisive.
4.8 FinanceFarm may adapt, restrict or suspend services where this appears necessary owing to a change in the law, regulatory or administrative practice, technical developments or risk assessment. Any mandatory rights already accrued remain unaffected.
5. Access, Target Group and Country Restrictions
5.1 FinanceFarm may admit, restrict or reject Users and Transactions on the basis of objective risk, security, documentation or country requirements.
5.2 Offers are directed only at persons in jurisdictions in which access and acceptance are permissible. The User shall verify the local distribution, tax, foreign-exchange, import and export rules applicable to the User.
5.3 FinanceFarm may stipulate minimum and maximum amounts, quotas, information concerning experience and additional risk confirmations for individual Transactions.
5.4 Users resident or established outside Switzerland are responsible for ensuring compliance with local rules on access, distribution, acquisition, tax, reporting, foreign exchange, sanctions, import and export.
5.5 FinanceFarm may require appropriate evidence of residence, registered office, tax domicile, authority to represent, experience or the legal permissibility of a Transaction.
6. Registration, User Account and Security
6.1 The User shall provide complete, accurate and up-to-date information concerning identity, representation, contact details, bank details and beneficial ownership.
6.2 Login credentials must be kept secret. The User shall report any loss, misuse or unauthorised access without delay.
6.3 FinanceFarm may require multi-factor authentication, renewed identification and minimum technical requirements and may, as a precaution, block access where there is a substantiated risk.
6.4 A User Account is personal and may not be transferred or used jointly with unauthorised third parties.
6.5 The User shall regularly review all transactions and notifications displayed in the User Account. Unrecognised or erroneous transactions must be reported to FinanceFarm without delay.
6.6 Actions taken through a User Account following successful authentication shall be attributed to the account holder unless the account holder proves that they were unauthorised despite compliance with all reasonably required security measures.
6.7 FinanceFarm may terminate sessions, reset passwords, require additional confirmations or block functions if there are indications of misuse, unauthorised access or a threat to the Platform.
6.8 The User Account is the primary channel for legally relevant information and service of notices. During ongoing reviews, Reservations, offers and Transactions, the User is obliged to check the User Account and the notifications stored there regularly and in good time.
6.9 Status notifications, Acceptance Confirmations, deadlines, offers and other process information shall be deemed to have been made available as soon as they can be accessed in the User Account and FinanceFarm has technically recorded their provision. FinanceFarm may additionally provide information by email or through other data-protection-compliant communication channels, but is not obliged to do so unless mandatory law or the individual contract provides otherwise.
6.10 If the User fails to check the User Account in good time, the User shall bear the resulting consequences. In particular, FinanceFarm shall not be liable for the expiry of an offer, the unused expiry of a deadline or the loss of an Opportunity, provided that FinanceFarm made the information available properly and did not act intentionally or with gross negligence.
7. Electronic Contract Formation
7.1 Entries, Reservations, valuation requests and amount selections are non-binding unless the Platform expressly designates them as a binding declaration.
7.2 A Transaction-related contract is formed when the counterparty, purchase asset, price and material rights and obligations have been displayed and the declarations required under the individual documents have been made and accepted. By way of derogation, a Seller Purchase Agreement is formed upon the last required signature where the individual agreement expressly so provides.
7.3 Electronic confirmations and signatures are permissible unless a particular statutory form is required. FinanceFarm may document the content, version, time and authentication.
7.4 Any statutory right of withdrawal remains reserved. Otherwise, there is no general right to rescind or exchange following conclusion of the contract.
7.5 Before making a binding declaration, the User shall be given a reasonable opportunity to identify and correct input errors. Obvious technical display, calculation or transmission errors do not create any entitlement to conclude a contract on terms that are recognisably erroneous.
7.6 Receipt of an electronic declaration shall be documented by reference to the system time and the records maintained by FinanceFarm. An automated acknowledgement of receipt does not constitute acceptance unless expressly designated as such.
7.7 FinanceFarm may require a qualified or advanced electronic signature, a handwritten signature, original documents or further formal acts for individual transactions.
7.8 All entries, amount selections, Reservations and declarations in Reservation Mode are non-binding expressions of interest. They create neither an entitlement to allocation or conclusion of a contract nor an obligation to make payment, accept or make the Asset available.
7.9 FinanceFarm may cancel a Reservation, individual reserved co-ownership interests, all Reservations relating to an Asset or a reserved interest in acquiring the entire Asset at any time, in whole or in part and without stating reasons, until FinanceFarm has expressly accepted the subsequent individual purchase agreement. An automated receipt, Reservation or status confirmation does not constitute acceptance of the contract.
7.10 Unless otherwise stated in the Transaction Sheet, Early Access Reservation Mode lasts for five calendar days. Following confirmed Object Acceptance of the Asset by FinanceFarm and release of the Opportunity, FinanceFarm may grant the reserving User a 24-hour period in which to submit the binding declaration of acquisition and make payment in full. If that period expires unused, the Reservation shall lapse without further notice.
7.11 Following valid formation of the contract, termination shall be governed exclusively by the individual contract and mandatory law. In the case of the Seller Purchase Agreement, subsequent Object Acceptance does not constitute acceptance for the purpose of contract formation; rather, it is the result of the final physical inspection and triggers the transfer of risk and the due date of the purchase price.
7.12 A Receipt Confirmation, Acceptance Confirmation or Rejection Notice must be clearly allocated to the specific Asset, Submission Snapshot and contract and recorded with the date, time and status event. An automated Receipt Confirmation replaces neither Object Acceptance nor any other expressly required declaration having legal effect.
8. Seller’s Collection Management
8.1 The Seller may record and maintain Asset data, images and documents in the Seller’s private area. Recording them is neither an offer nor an instruction to sell and does not create any entitlement to review or purchase.
8.2 FinanceFarm may block or remove unsuitable, unlawful, misleading or incomplete content and retain archival copies to the extent required for a contract, evidentiary purposes or statutory obligations.
8.3 Only the express submission of a specific Asset for sale review initiates the process described in Clause 9. At the time of submission, the relevant data, photographs and documents are secured as a versioned Submission Snapshot.
8.4 The Seller is responsible for maintaining backup copies of the Seller’s original documents. Collection Management is not a substitute for an archive, an expert opinion or professional inventory, insurance or estate documentation.
8.5 The Seller grants FinanceFarm the right to structure and technically process submitted data and to compare it with external sources for review purposes.
8.6 After Submit for Sale, the Seller may not retrospectively overwrite binding information. Corrections or additions shall be recorded as a new version and must be expressly made available to FinanceFarm before an offer is made or a contract is concluded.
9. Sale Review, Offer, Purchase and Payment
9.1 By submitting the Asset, the Seller instructs FinanceFarm to review the specific Asset and prepare for its possible purchase on FinanceFarm’s own account. FinanceFarm is not obliged to provide a valuation, make an offer or conclude a contract.
9.2 FinanceFarm may review ownership, provenance, authenticity, condition, marketability, encumbrances and customs, tax, cultural-property and export matters and may engage independent specialists.
9.3 Preliminary values and price ranges are non-binding. Only an offer designated as binding and subject to a time limit constitutes an offer capable of acceptance.
9.4 Under the standard model, FinanceFarm acquires the Asset in its own name and for its own account. Any subsequent disposal of co-ownership interests is a separate transaction.
9.5 Unless the Seller Purchase Agreement provides otherwise, it is formed upon the last required signature. Where an Asset is in the Seller’s immediate physical possession, the Seller simultaneously transfers to FinanceFarm indirect possession as owner by way of a constitutum possessorium pursuant to Art. 924 of the Swiss Civil Code (SCC) and thereby – subject to the Seller’s ownership and power of disposal – title to the Asset. Until delivery, the Seller shall hold the Asset exclusively as a derivative possessor and custodian for FinanceFarm.
9.6 If the Asset is held by a third party, the Seller assigns to FinanceFarm the claims for surrender and possession and shall instruct the third party without delay to hold the Asset for FinanceFarm. To the extent required by law, transfer of possession and title shall be completed only when that instruction regarding possession takes effect. This arrangement may be used neither to prejudice third parties nor to circumvent statutory rules governing security interests.
9.7 By way of derogation from Art. 185 of the Swiss Code of Obligations (CO), and irrespective of the transfer of title, benefit and risk shall remain with the Seller until express Object Acceptance. The Seller may not use, dispose of, encumber or alter the Asset or move it to another location other than for the agreed shipment.
9.8 The Seller shall arrange and pay for professional packaging, transport, import and export, customs clearance, permits and adequate door-to-door insurance until Object Acceptance. Until then, the Seller shall bear the risk of destruction, loss, theft, damage, deterioration, contamination and diminution in value; any gaps in cover shall be borne by the Seller.
9.9 Physical receipt at the designated storage location shall be documented exclusively by a Receipt Confirmation. Delivery to a carrier, a receipt, storage, photography or an Early Access display constitutes neither Object Acceptance nor transfer of risk.
9.10 FinanceFarm shall inspect the Asset and the original documents for conformity with the Submission Snapshot, offer and contract. The inspection shall include, in particular, identity, authenticity, attribution, material, technique, dimensions, functionality, condition, damage, repairs, restorations, replacement or third-party parts, signatures, markings, completeness, accessories, documents, provenance, ownership, freedom from encumbrances, import, export, customs, cultural property, restitution, sanctions, risks relating to theft and forgery and other material facts relevant to value, marketability, insurance or custody.
9.11 If the Asset or its documentation differs materially, a required verification is not possible, or there is a defect in title, lack of power of disposal, lack of authenticity, a manipulated document or an intentionally or grossly negligently inaccurate statement, FinanceFarm may issue a reasoned Rejection Notice within the Inspection Period. The Rejection triggers the resolutory condition (condition subsequent) agreed in the Seller Purchase Agreement.
9.12 In the Seller Purchase Agreement, the parties expressly agree that the Transaction will be economically unwound ex tunc and agree in advance to the retransfer of title and possession in the event of Rejection. From receipt of the Rejection Notice, FinanceFarm shall hold the Asset for the Seller; benefit and risk shall continue to lie, or at the latest shall once again lie, with the Seller. Mandatory law and the rights of third parties acting in good faith remain reserved.
9.13 Following Rejection, the Seller shall arrange and pay for collection, packaging, return transport, customs, permits and insurance and shall collect the Asset within five Business Days after release for collection. Thereafter, FinanceFarm may charge reasonable storage, insurance, handling and third-party costs and retain the Asset to the extent permitted by law.
9.14 Object Acceptance shall take place exclusively by means of an Acceptance Confirmation recorded in the User Account. Benefit and risk shall pass to FinanceFarm at its timestamp.
9.15 The purchase price payable to the Seller shall fall due within four Business Days after the Acceptance Confirmation and shall be transferred to the verified account, provided that all contractual requirements and all requirements relating to identity, ownership, provenance, documentation and payment have been satisfied and no statutory or official restriction applies. Payment shall be deemed initiated in due time if FinanceFarm’s account is debited on the final day of the period.
9.16 Object Acceptance, payment or onward sale does not extinguish any claims in respect of latent or fraudulently concealed defects, lack of authenticity, incorrect provenance, lack of ownership, undisclosed third-party rights or forged or manipulated documents.
10. Seller’s Representations and Obligations
10.1 The Seller represents that the Seller is the sole owner or has full power of disposal and can transfer the Asset free from any undisclosed pledges, rights of retention, security interests, attachments, seizures, claims for surrender, restitution claims or other third-party rights.
10.2 The Seller shall fully disclose the provenance, former owners, circumstances of acquisition, repairs, restorations, reworking, damage, alterations, replacement or third-party parts, missing components, disputes and risks relating to import, export, customs, tax, cultural property, restitution and sanctions.
10.3 All documents, photographs and information must be authentic, complete, up to date and not misleading. The Seller shall inform FinanceFarm without delay of any new or subsequently discovered facts relevant to value, ownership, legal position, condition, insurance or marketability.
10.4 The information contained in the Submission Snapshot, offer and Seller Purchase Agreement shall be deemed to constitute warranted characteristics to the extent material to identity, authenticity, condition, value, ownership, lawful marketing, insurance or safe custody.
10.5 The representations shall survive the transfer of title, Object Acceptance, payment, onward sale and creation of co-ownership. FinanceFarm’s individual and statutory rights relating to warranty, unwinding, indemnity and damages remain unaffected.
10.6 From the transfer of title, the Seller shall keep the Asset in custody for FinanceFarm, segregate and label it, protect it against access by third parties and, without consent, refrain from any use, disposal, encumbrance, transfer, alteration or relocation other than for the agreed shipment.
10.7 The Seller shall maintain the agreed insurance until Object Acceptance, report any damage, loss, seizure or third-party claim without delay and, as a precaution, assign the necessary insurance claims to FinanceFarm to the extent that this secures FinanceFarm’s title or claims.
10.8 The Seller shall reimburse reasonable inspection, storage, transport, insurance, expert, legal and unwinding costs caused by any inaccurate statement, lack of authority or breach of contract for which the Seller is responsible.
10.9 If the Seller has granted FinanceFarm time-limited exclusivity, the Seller may neither dispose of a submitted Asset elsewhere nor encumber it with third-party rights until Rejection or termination of the review process.
10.10 In the case of art and cultural property, the Seller additionally represents that the acquisition, possession, import, export and disposal are lawful and that all available information concerning provenance, restitution risks and cultural-property risks has been disclosed.
10.11 If the Seller materially breaches a representation, FinanceFarm may, at its option, demand performance, rectification, reduction of the price, Rejection and unwinding, reimbursement of wasted expenditure and damages, unless the individual contract or mandatory law provides otherwise.
11. Independent Purchase of Co-Ownership
11.1 A Co-Participant makes an independent decision in respect of each individual Opportunity and shall examine the Asset, price, percentage interest, costs, custody, insurance, option, exit, commitment period and risks.
11.2 As a rule, FinanceFarm shall make a binding disposal of co-ownership interests only after valid acquisition of title, express Object Acceptance and operational release. An earlier Early Access display gives rise exclusively to non-binding Reservations and creates neither payment obligations nor any third-party or co-ownership rights.
11.3 The Co-Participant’s purchase price does not finance the prior purchase from the Seller. Before FinanceFarm acquires title, there is at most a gratuitous, non-binding Reservation.
11.4 FinanceFarm may reject acquisition applications in whole or in part, allocate quotas or withdraw an Opportunity before conclusion of the contract.
11.5 Display of an Opportunity is not a personal recommendation and does not constitute a representation that it is suitable for the Co-Participant’s financial, tax or risk circumstances.
11.6 The Co-Participant confirms that the Co-Participant can pay the purchase price from the Co-Participant’s own freely disposable funds and could economically bear a total loss.
11.7 FinanceFarm may require the Co-Participant separately to confirm Transaction-specific Risk Disclosures before acquisition.
11.8 Under the standard model, FinanceFarm shall sell to Co-Participants an aggregate of 49% of the co-ownership interests in each Asset and retain 51% itself, unless the individual Transaction Documents expressly provide otherwise. The Co-Participants and FinanceFarm shall bear the Asset-related storage and insurance costs in proportion to their respective percentage interests.
11.9 A one-off storage and insurance fee of 2% of the Total Asset Value stated in the Transaction Sheet is payable for each purchase asset. In economic terms, 49% of this fee is allocated pro rata to the Co-Participants and 51% to FinanceFarm. The amount attributable to an individual Co-Participant is calculated by reference to that Co-Participant’s percentage interest within the 49% sold. The fee applies to the co-ownership or rotation period specified in the Transaction Sheet; any further charge requires a new agreement disclosed in advance.
11.10 The amount, basis of calculation, allocation and due date of the one-off fee shall be stated in the Transaction Sheet before the binding declaration of acquisition. The fee may not tacitly be charged as an annual or recurring fee.
12. Acquisition and Content of Co-Ownership
12.1 FinanceFarm shall transfer the undivided fractional interest in the specifically identified Asset specified in the Acquisition Confirmation. The Asset ID, percentage interest, price and time of transfer shall be documented.
12.2 Transfer shall be effected by contract and the required act relating to possession or instruction regarding possession. The register maintained by FinanceFarm documents the percentage interest but does not replace the transfer acts required by law.
12.3 In the absence of an express special provision, the interest does not confer any right to immediate possession, use, wear, exhibit, lend or demand surrender of the Asset.
12.4 The Co-Participant shall have only those information and participation rights expressly specified in the individual documents.
12.5 Rights to income, insurance proceeds or sale proceeds exist only to the extent and in accordance with the allocation formula set out in the individual documents.
12.6 Increases and decreases in the value of the Asset have a corresponding economic effect on the co-ownership interest. A book value or Platform value is not a representation of a realisable price.
12.7 Taxes, duties and custody, insurance, transport, valuation, marketing and enforcement costs shall be allocated in accordance with the individual documents and may reduce any amount payable.
13. Co-Ownership Rules, Dissolution and Transfer
13.1 By making the acquisition, the Co-Participant accepts the Transaction-specific Co-Ownership Rules. They govern possession, custody, costs, information, objectively defined decisions, the purchase option and exit.
13.2 The right to demand dissolution of the co-ownership may be excluded for the period specified in the Transaction Sheet, but for no more than ten years from acquisition. Mandatory grounds for dissolution remain reserved.
13.3 Physical division is excluded. Any transfer, pledge or encumbrance of the interest requires FinanceFarm’s prior written consent and a documented amendment of the register.
13.4 There is no open secondary market and FinanceFarm is under no obligation to arrange a buyer or repurchase an interest.
13.5 Advance consent to an exit applies only to the specific Asset and the objectively defined conditions disclosed before acquisition. It does not constitute any general decision-making or management authority.
13.6 FinanceFarm may make consent to a transfer conditional in particular upon identification, a positive review, acceptance of the Contract Documents, evidence of source of funds and settlement of outstanding costs.
13.7 A disposition made without the required consent shall have no contractual effect in relation to FinanceFarm and shall entitle FinanceFarm to block the register and the User Account.
13.8 To the extent permissible, the Co-Participant authorises FinanceFarm to perform purely administrative and objectively predetermined completion acts in connection with custody, insurance, marketing and an agreed exit. This does not confer any discretion to make investment or sale decisions.
14. Custody, Possession and Insurance
14.1 The Asset shall be held by FinanceFarm or a suitable professional custodian in accordance with the Transaction Documents. The place of custody and service provider may be changed for reasons of security, insurance, cost or marketing.
14.2 FinanceFarm is obliged to exercise due care in selecting and instructing appointed custodians, but does not guarantee any security standard beyond the disclosed arrangement.
14.3 Insurance cover exists only to the extent expressly disclosed. Cover, deductibles, exclusions and claims settlement shall be governed by the insurance policy.
14.4 Viewings, exhibitions, transport and condition inspections may be permitted if, following careful assessment, they serve marketing or preservation of value.
14.5 The Co-Participant has no right to disclosure of security-sensitive details of the place of custody, provided that FinanceFarm produces appropriate evidence of the agreed custody and insurance.
14.6 Condition reports, photographs and insurance confirmations are provided for information purposes and do not constitute an independent guarantee of authenticity, value or future condition.
14.7 In the event of an insured loss, FinanceFarm is entitled to coordinate the handling of the claim. The distribution of net insurance proceeds shall be governed by the individual documents and any existing third-party rights.
14.8 If a Co-Participant acquires the entire Asset in Reservation Mode, no continuing co-ownership relationship shall arise. Following valid conclusion and full payment, the Co-Participant shall be treated as the Whole-Asset Buyer; the one-off storage and insurance fee provided for normal Co-Participants under Clause 11.9 shall not be charged in addition unless the Transaction Sheet expressly sets out a different individual agreement.
14.9 The Whole-Asset Buyer shall collect the Asset from FinanceFarm AG’s warehouse at Hofackerstrasse 40B, 4132 Muttenz no later than 30 calendar days after the release for collection made available in the User Account. The Whole-Asset Buyer shall arrange and pay for transport, packaging, export, permits and insurance.
14.10 During the documented collection process, benefit and risk shall pass to the Whole-Asset Buyer upon the first conscious physical taking of possession of the released Asset by the Whole-Asset Buyer or its duly authorised carrier. Until then, the individual custody and insurance terms shall apply; thereafter, the Whole-Asset Buyer shall bear the entire risk.
14.11 If the Asset is not collected in due time, FinanceFarm may, following prior notice, charge reasonable additional storage, insurance, handling and third-party expenses and retain delivery until due claims have been settled, to the extent permitted by law. Further statutory rights remain reserved.
15. D-3, D-6, D-9 and Purchase Option in Favour of FinanceFarm
15.1 D-6 and D-9 denote target Transaction-specific periods of approximately six and nine months respectively. They constitute neither a maturity date nor a promise of exit.
15.2 The individual documents may grant FinanceFarm an exclusive purchase option over specified co-ownership interests. The exercise period, price, costs, form and completion shall be determined before acquisition.
15.3 Any disclosed premium forms part of the option price. It is not interest, a guaranteed return or a promise of repayment.
15.4 FinanceFarm is under no obligation to exercise the option. A claim for payment arises only upon valid exercise in the prescribed form and satisfaction of the stipulated completion conditions.
15.5 If the option is not exercised, the follow-on mechanisms agreed in the Transaction Sheet shall apply; there is no automatic claim to repayment.
15.6 A special structure designated as D-3 likewise describes only a target period of approximately three months and applies exclusively where expressly provided for in the individual documents.
15.7 The designations D-3, D-6 and D-9 are product and process designations. They create neither a fixed term nor any entitlement to a particular return, premium, payment or disposal.
15.8 A price or premium component disclosed in advance shall be payable only if all option, sale or completion conditions specified for it are satisfied in full.
16. Seller’s Special Repurchase Right
16.1 The original Seller has a repurchase right only where it is expressly, fully and for a limited period provided for in the Seller Purchase Agreement.
16.2 The price, period, exercise, payment, costs, condition and completion shall be governed exclusively by the individual contract; public examples do not create any right.
16.3 If co-ownership interests are affected, the effect and completion must be transparently regulated in the Transaction Documents before their acquisition.
16.4 The Seller may neither assign nor pledge a repurchase right unless the individual contract expressly permits this.
16.5 A repurchase right not exercised within the prescribed period or in the prescribed form shall lapse. FinanceFarm is not obliged to grant any grace period.
SPECIAL PROVISIONS
Digital Fractions and Collateral Pool
17. Digital Fractions: Purchase Asset
17.1 Under the “Digital Fractions” service, a single, individually described Digital Image Asset is the purchase asset. The Digital Image Asset is defined by a unique reference, its specification and a fixed total number of Fractions. The physical object serving as the visual basis (the “Original Asset”) is not the purchase asset.
17.2 The Co-Participant acquires the number of Fractions of that Digital Image Asset specified in the Purchase Confirmation and exclusively the contractual rights of use and allocation expressly associated with them.
17.3 A Fraction confers no interest in FinanceFarm, no entitlement to interest, profit, dividends, automatic repayment or asset management and neither title nor possession, use, surrender or any other right in rem in respect of the Original Asset.
17.4 The Fraction documentation confirms the contractual allocation. Technical records, references and timestamps serve as evidence; they replace neither the individual purchase agreement nor any acts of performance or creation of security required by law or contract.
17.5 Fractions are not intended for open or mass trading. Transfers are permissible only in accordance with the individual terms, following identification of the acquirer and with FinanceFarm’s written consent. Transferability or repurchase is not guaranteed.
17.6 The acquisition of a Fraction does not transfer any copyright, trade mark, design, personality, reproduction, adaptation, marketing or other intellectual property rights unless the individual documents expressly grant a specific right of use.
17.7 Any blockchain, register or reference structure used for technical purposes serves exclusively for documentation and evidentiary purposes. It creates neither a freely tradable digital asset nor any right extending beyond the individual contract.
17.8 FinanceFarm may migrate or replace the technical evidence or transfer it to another infrastructure, provided that the identity, allocation and traceability of the digital purchase asset are preserved.
17.9 Unless expressly agreed, the Co-Participant has no right to delivery of a private key, transfer to an external wallet, public listing or use of a specific technical protocol.
18. Digital Fractions: Collateral Pool Comprising Current Assets
18.1 To secure claims expressly identified under a Digital Fractions Transaction, FinanceFarm may provide a Transaction-specific Collateral Pool comprising components of its current assets. A pledge is created neither by these GTC alone nor by a display on the Platform, but only on the basis of the individual Collateral Agreement and following full completion of all legal acts required for the relevant collateral asset.
18.2 Merely because it is depicted or described, the Original Asset is neither a collateral asset nor tangible security. It belongs to the Collateral Pool only if it is separately and clearly identified in the Collateral Schedule, FinanceFarm has power of disposal and the pledge has been created in the prescribed form and with the proper ranking. The purchase of Fractions does not under any circumstances confer title to or possession of the Original Asset or any other Pool Asset.
18.3 The Collateral Pool may comprise exclusively assets specifically identified in the Collateral Schedule and legally belonging to FinanceFarm: (a) movable Real Assets forming part of current assets and (b) specified claims held by FinanceFarm against an account-holding bank arising from a designated bank account, up to the stated maximum amount. Cash, general liquidity, future assets or all current assets shall not be deemed pledged unless they are separately identifiable and separately made subject to a pledge.
18.4 In the case of movable property, creation of the pledge requires the change of possession or control prescribed by law. In the case of claims and account balances, the written pledge required by law and contract, together with all notices, acknowledgements, consents and acts of control or surrender necessary for validity, preservation of ranking and enforcement, must be in place. The rights of the account-holding bank, rights of set-off and prior third-party claims must be disclosed in the Collateral Schedule.
18.5 The Collateral Schedule shall identify at least the Secured Claims, each collateral asset, ownership or title to the claim, eligible value, valuation date and method, valuation haircut, maximum amount, ranking, custody or account management, any preferential rights, rules on release and substitution, and the principles governing enforcement and distribution of proceeds. In the event of any conflict, the individual Collateral Agreement shall prevail over these GTC.
18.6 FinanceFarm may allocate a Pool Asset to one or more Transactions only up to its eligible value after the valuation haircut. Multiple allocations, ranking conflicts and the aggregate amount of all prior-ranking or equal-ranking encumbrances must be disclosed. The allocation does not create segregation from the remaining assets unless this is expressly effected by applicable law or the individual Collateral Agreement.
18.7 FinanceFarm shall monitor the documented allocation at the intervals stipulated in the individual documents. A Pool Asset may be released or substituted only if the substitute has at least the agreed eligible value and ranking and the new pledge is validly created before or simultaneously with the release. There is an entitlement to a specific substitute asset only if individually agreed.
18.8 Enforcement is permissible only upon the occurrence of an individually specified enforcement event and in accordance with the applicable statutory and contractual rules. After deduction of permissible enforcement and realisation costs, the net proceeds shall be applied according to ranking and documented allocation up to the amount of the Secured Claims. Any surplus shall be due to the person entitled to it under the law and the Collateral Agreement.
18.9 The Collateral Pool is not a guarantee. Loss of value, insufficient cover, damage, unavailability, third-party rights, bank set-off, insolvency, enforcement costs and delays may reduce the realisable proceeds or prevent enforcement. FinanceFarm is obliged to maintain a particular coverage ratio only if this is expressly warranted in the individual Collateral Schedule.
18.10 If several Co-Participants or several Secured Claims are affected, the Collateral Agreement may appoint an independent pledgee, collateral agent or common representative. The individual documents must govern that person’s duties, instruction rules, liability, costs and replacement.
18.11 An internal register, balance-sheet item or mere designation as “collateral” replaces neither creation of the pledge in rem nor the required identifiability, publicity, written form, transfer of possession, notice, consent or preservation of ranking.
18.12 The Collateral Pool is not automatically insolvency-remote or segregated from FinanceFarm’s remaining assets. Preferential satisfaction or separation exists only to the extent of a security right that has been validly created and recognised in the insolvency proceedings.
18.13 Valuation information relating to the Collateral Pool is determined as at a specified date. FinanceFarm may apply reasonable valuation haircuts, foreign-exchange haircuts, concentration limits and cost reserves.
18.14 Unless continuing minimum coverage is individually warranted, a subsequent decrease in value does not in itself create any obligation to provide additional collateral. Statutory and expressly agreed rights to additional collateral remain reserved.
19. Digital Fractions: Selection, Purchase and Settlement
19.1 Before purchase, the Co-Participant shall receive the specification of the Digital Image Asset, the number of Fractions, price, rights, restrictions, payment terms and Risk Disclosures, as well as the Collateral Schedule containing a separate description of the Collateral Pool and its allocation to the Transaction. The current version of the GTC and the Terms of Use shall also be made available; the Privacy Policy provides separate information concerning the processing of personal data.
19.2 The Co-Participant independently selects the number of Fractions. The Co-Participant’s active digital confirmation of the displayed version of the GTC, the asset and purchase information, the Risk Disclosures and the applicable collateral documents constitutes the Co-Participant’s binding contractual declaration for the individual purchase. No additional separate online contract confirmation or second signature is required unless the Platform requires a particular form for the specific Transaction or mandatory law so requires. In accordance with Clause 7.2, the contract is not formed until expressly accepted by FinanceFarm.
19.3 The purchase price shall be allocated to a specific Transaction and shall not be held as a freely disposable balance. Settlement shall take place in accordance with the individual purchase and payment terms.
19.4 Performance, any purchase option and the existence, release, substitution and any enforcement of collateral shall be governed exclusively by the respective individual documents.
19.5 FinanceFarm may use technical records, timestamps and immutable audit evidence. This technology serves for documentation and neither expands nor alters the contractually agreed rights or the statutory requirements for creation of a pledge.
19.6 A Fraction shall not be finally allocated until the purchase agreement is valid, the full purchase price has been irrevocably received and all approval and review requirements have been satisfied.
19.7 If a Digital Fractions Transaction is not approved, FinanceFarm shall refund any amount already received to the verified originating account, less only those costs whose deduction was individually agreed and is legally permissible.
19.8 Payments in cryptocurrencies or other digital units of value shall be accepted only if FinanceFarm expressly enables them for the specific Transaction. Conversion, exchange-rate timing, network fees, wallet checks, the number of confirmations and unwinding shall be governed by the individual payment terms.
19.9 FinanceFarm may restrict transfer or payment functions at any time for legal, technical or security reasons. There is no entitlement to use a specific blockchain or payment method.
20. Marketing, Third-Party Sale and Exit
20.1 FinanceFarm may market physical Assets through private sales, dealers, auction houses or other suitable channels. There is no entitlement to a particular channel, time or minimum price unless expressly agreed.
20.2 Estimates, historical prices and safety margins do not guarantee a sale price. Changes in the market, demand, condition and exchange rates may result in lower proceeds or no proceeds at all.
20.3 A third-party sale of an Asset held in co-ownership shall take place only in accordance with the objectively defined conditions agreed in advance or with the required consents.
20.4 FinanceFarm may postpone or discontinue a sale process in the event of insufficient offers, unresolved rights, outstanding reviews or unacceptable risks.
20.5 In preparation for an exit, FinanceFarm may obtain offers, present the Asset, update expert opinions, arrange transport and prepare customary sale documents to the extent covered by the Co-Ownership Rules or a separate authority to complete.
20.6 Fees, commissions, taxes and transport, insurance, inspection, storage and enforcement costs shall be deducted in accordance with the individual documents before the proceeds are distributed.
20.7 A stated target price, Low Estimate, market value or safety discount is an assessment as at a specified date and not a guarantee of future net proceeds.
21. Payments, Proceeds and Settlement
21.1 Payments shall always be allocated to a specific Transaction. FinanceFarm does not maintain reloadable accounts or freely disposable cash balances for Users.
21.2 Payments shall be made only to a verified account or an expressly enabled wallet and only once entitlement has been clarified. The fixed period under Clause 9.15 applies to the purchase price payable to the Seller; mandatory statutory or official restrictions remain reserved.
21.3 If, exceptionally, FinanceFarm is required to receive the proceeds of a third-party sale, it shall do so only for a short period for the contractually specified settlement, without interest or reinvestment.
21.4 FinanceFarm may use payment service providers or independent settlement agents and may reject payments where there are discrepancies in the sender, account holder, currency, reference or review status.
21.5 Statements shall be deemed approved after 30 days unless a reasoned objection is received. Obvious errors and mandatory rights remain reserved.
21.6 Payments must originate from an account or wallet whose holder is the verified User, unless FinanceFarm approves an exception following prior review.
21.7 The User shall bear bank, correspondent-bank, card, network, wallet and foreign-exchange fees unless the individual documents provide for a different allocation.
21.8 Chargebacks, recalled transfers, forged evidence of payment or other payments that are not final do not constitute performance. FinanceFarm may block allocations and payments until the matter has been finally clarified.
21.9 Following a reminder, due monetary claims shall bear the default interest stipulated by law or individually agreed. Any further loss caused by default remains reserved.
22. Prices, Fees, Costs, Taxes and Currencies
22.1 FinanceFarm’s fees and known third-party charges shall be disclosed before binding confirmation or made ascertainable by means of a clear method.
22.2 Review, storage, insurance, transport, auction, customs, payment, foreign exchange, legal advice and special documentation shall be charged in accordance with the Transaction Documents. In the case of a purchase from a Seller, the Seller shall bear the costs of packaging, transport, permits, customs and insurance until Object Acceptance and, following Rejection, all collection and return transport costs.
22.3 Each Transaction shall specify its contractual and settlement currency. Displays in other currencies are non-binding conversions.
22.4 Each User shall ascertain the taxes, duties and declaration obligations applicable to that User. FinanceFarm does not provide tax advice and shall make any deductions or reports required by law.
22.5 Prices are inclusive or exclusive of value added tax as disclosed before conclusion of the contract. If charges are subsequently imposed on a mandatory basis, FinanceFarm may pass on the amount payable by law.
22.6 Exchange rates may be determined by FinanceFarm, a bank or a payment service provider. The User shall bear the exchange-rate risk between display, payment, repayment and disbursement.
22.7 Credits, bonuses, discounts and vouchers are non-transferable and not redeemable for cash unless their terms provide otherwise.
23. Identity, Ownership, Source and Sanctions Checks
23.1 FinanceFarm may check identity, representation, beneficial ownership, ownership of assets, source of funds and wealth, sanctions, politically exposed persons, fraud indicators and plausibility.
23.2 The User shall provide requested information completely, accurately and within the prescribed period and shall keep it up to date.
23.3 FinanceFarm may reject or suspend registration, an offer, a contract, Object Acceptance, a payment, a disbursement or delivery if legally required checks remain outstanding, information is contradictory or legal or security-related risks exist. In the case of the Seller’s purchase price, the four-Business-Day period shall not commence until the Acceptance Confirmation has been issued and all mandatory restrictions have been fully resolved.
23.4 FinanceFarm may withhold detailed reasons if their disclosure could impair statutory obligations, investigations, security or internal control procedures.
23.5 FinanceFarm may repeat checks on a risk-based basis and require updates to evidence concerning Transactions, beneficial ownership, source of wealth or funds and tax status.
23.6 The User agrees that FinanceFarm may use specialised providers and publicly available sources for review purposes and compare required data to the extent permitted by law.
23.7 Suspicious, unusual or implausible transactions, or transactions connected with high-risk countries, sanctions or impermissible third-party payments, may be rejected, frozen, reported or terminated to the extent permitted or required by law.
23.8 Neither thresholds nor simplified processes create any entitlement to dispense with identification, documentation or further enquiries.
24. Risks and Disclaimer of Warranties
24.1 Physical Assets are subject, in particular, to risks relating to authenticity, provenance, condition, valuation, custody, insurance, transport, law, tax, customs, market, liquidity, counterparties and currencies.
24.2 Digital purchase assets are additionally subject to risks relating to identification, allocation, rights, technology, access, documentation and transfer. The separation between the digital purchase asset, Original Asset and Collateral Pool may make enforcement more complex.
24.3 There is no guarantee of capital preservation, market value, saleability, exercise of a purchase option, exit date, sale proceeds, enforcement proceeds, insurance proceeds or tax treatment. Nor does a Collateral Pool guarantee full or timely performance.
24.4 Co-ownership interests and Fractions may be illiquid and may remain committed for longer than expected. In the case of collateral, risks include in particular valuation, fluctuations in value, ranking, power of disposal, custody, bank, set-off, third-party claims, insolvency, release, substitution and enforcement. An economic loss up to the amount of the purchase price paid is possible.
24.5 The Co-Participant bears the risk that a legal, regulatory, tax or technical classification may change, thereby making transfer, marketing, payment processing or enforcement more difficult or impermissible.
24.6 Digital Image Assets are subject, in particular, to risks arising from data loss, incorrect allocation, protocol changes, cyberattacks, system failures and dependence on third-party infrastructure.
24.7 Several risks may materialise simultaneously in relation to a Collateral Pool. A disclosed eligible value corresponds neither to a guaranteed market price nor to guaranteed net enforcement proceeds.
24.8 Before concluding a Transaction, the User must obtain independent legal, tax and economic advice to the extent that the User’s knowledge is insufficient to assess the Transaction.
25. Permitted Use of the Platform and Trade Secrets
25.1 The Platform may not be used unlawfully, misleadingly, manipulatively, fraudulently or in a manner that jeopardises security.
25.2 Prohibited activities include, in particular, unauthorised scraping, automated access, reverse engineering, circumvention of controls, malware, data manipulation and use of another person’s identity.
25.3 Valuation models, scoring systems, margins, business structures, software, data models and non-public processes are FinanceFarm’s trade secrets.
25.4 All rights in the Platform, its software, design, documentation, data structure, trade mark and content not provided by Users remain with FinanceFarm or its licensors.
25.5 For the duration of the usage relationship, FinanceFarm grants the User a personal, revocable, non-exclusive and non-transferable right to use the enabled Platform functions for their intended purpose.
25.6 The User may not circumvent security precautions, access restrictions or pricing or allocation logic and may not exploit technical or organisational vulnerabilities.
25.7 Information concerning security vulnerabilities is confidential and must be reported to FinanceFarm without delay. Publication or exploitation without prior coordination is prohibited unless mandatory law provides otherwise.
26. Content, Rights of Use, Data Protection and Confidentiality
26.1 The User remains the owner of lawfully provided content and grants FinanceFarm the rights of use required for review, documentation, marketing, insurance, contracting, security and enforcement of rights.
26.2 The User represents that content does not infringe any third-party rights and does not contain impermissible personal data or secrets.
26.3 The processing of personal data is governed by the Privacy Policy at https://www.financefarm.com/privacy-policy and applicable data protection law. The version made available to the User before the User’s declaration shall govern.
26.4 FinanceFarm may disclose required data to experts, custodians, insurers, logistics providers, auction houses, payment service providers, authorities and legal advisers.
26.5 Users shall treat non-public Transaction, negotiation, security and personal data as confidential.
26.6 FinanceFarm processes personal data in particular for registration, contract performance, identity and risk checks, fraud prevention, communication, improvement of the Platform, preservation of evidence and compliance with statutory obligations.
26.7 To the extent permitted by law, data may be processed in countries that do not provide a level of data protection equivalent to that of Switzerland. FinanceFarm shall implement the safeguards required under applicable law.
26.8 Statutory rights of access, rectification, erasure, disclosure and objection are governed by applicable data protection law and may be limited by interests relating to retention, evidence, security or enforcement of rights.
26.9 The Privacy Policy supplements these GTC as an information document. In the event of a conflict concerning the contractual service, the individual contract, these GTC and the Terms of Use shall prevail; the Privacy Policy shall govern information concerning the processing of personal data.
27. Rejection, Suspension, Retention and Set-Off
27.1 FinanceFarm may reject processes at any time before conclusion of the contract. After conclusion of the contract, FinanceFarm may suspend services in the event of material legal, security, ownership, payment, sanctions, fraud or counterparty risks.
27.2 To the extent permitted by law, FinanceFarm may retain documents, disbursements or an Asset in its custody for as long as due costs, counterclaims, conflicting rights or official orders exist. This applies in particular to an Asset released for collection following Rejection for as long as reasonable unwinding, storage, insurance or third-party costs remain unpaid.
27.3 FinanceFarm may set off due claims. The User may set off only undisputed or finally adjudicated claims unless mandatory law provides otherwise.
27.4 In the event of conflicting instructions, asserted third-party claims, inheritance matters, incapacity, distraint, attachment, bankruptcy or official measures, FinanceFarm may block any disposition and payment until the matter has been clearly resolved.
27.5 The User may be charged the costs of any suspension, review, custody, Rejection, unwinding or legal clarification caused by the User, to the extent that such costs are reasonable, evidenced and legally permissible.
27.6 A suspension or retention constitutes neither acknowledgement of a claim nor an obligation on FinanceFarm to determine the merits of a dispute between Users or third parties.
28. FinanceFarm’s Liability
28.1 FinanceFarm shall have unlimited liability for damage caused intentionally or through gross negligence and to the extent that liability is mandatorily prescribed by law.
28.2 In the case of slight negligence, FinanceFarm shall, to the extent permissible, be liable only for breach of a material contractual obligation and for direct loss of a type that was reasonably foreseeable.
28.3 To the extent permissible, liability for indirect loss, consequential loss, loss of profit, loss of opportunity, loss of market value, tax consequences and loss arising from availability or liquidity that was not promised is excluded.
28.4 FinanceFarm shall not be liable for the absence of an offer or sale, the non-exercise of an option or an economic result that does not meet expectations.
28.5 FinanceFarm shall be liable for independent third-party providers only to the extent of any duty imposed by law to exercise due care in their selection, instruction and supervision.
28.6 Limitations of liability do not apply to death, personal injury or damage to health to the extent that such limitation is impermissible by law.
28.7 FinanceFarm shall not be liable for the accuracy of independent expert opinions, market data, auction results, price indications or information provided by Users, provided that it selected the third-party source with due care and appropriately reviewed any apparent discrepancies.
28.8 To the extent permitted by law, liability for slight negligence shall be limited in amount to the net revenue received by FinanceFarm for the Transaction concerned. Mandatory law and Clause 28.1 remain reserved.
28.9 The User must report any apparent damage without delay and take reasonable measures to mitigate loss.
29. Indemnity and Enforcement of Rights
29.1 The User shall indemnify and hold harmless FinanceFarm, its corporate bodies, employees and auxiliary persons against substantiated third-party claims arising from inaccurate information, lack of authority, infringement of rights or the User’s breach of contract.
29.2 The indemnity includes reasonable costs of investigation, experts, court proceedings and legal representation. FinanceFarm shall give the User an opportunity to comment unless urgency or a statutory obligation prevents it from doing so.
29.3 FinanceFarm may protect its rights by precautionary measures, debt enforcement proceedings, legal action, set-off, retention or other means permitted by law.
29.4 The User shall assist FinanceFarm in defending a third-party claim, provide the necessary documents and refrain from making admissions or settlements to FinanceFarm’s detriment without its consent.
29.5 FinanceFarm may set off due claims for costs and indemnification against disbursements or require reasonable security, to the extent permitted by law.
29.6 The indemnity does not apply to the extent that the claim was caused predominantly by FinanceFarm’s intentional conduct or gross negligence.
30. Third-Party Providers, Force Majeure and Service Interruption
30.1 FinanceFarm may engage experts, custodians, insurers, logistics providers, auction houses and identification, IT and payment service providers. Their terms may apply in addition.
30.2 FinanceFarm shall not be liable for delays or failures caused by force majeure, official measures, war, sanctions, cyberattacks, energy or network failures, natural events, pandemics or failures of material third-party infrastructure, provided that reasonable precautions were taken.
30.3 Time limits shall be extended by a reasonable period. FinanceFarm may adapt processes, use replacement providers or suspend Transactions if continuation becomes unreasonable, impossible or unlawful.
30.4 Scheduled maintenance, security updates and system migrations may result in temporary restrictions. FinanceFarm shall use reasonable endeavours to give appropriate advance notice of material interruptions that can be planned.
30.5 FinanceFarm may replace third-party providers and change technical processes, provided that the economic substance of Transactions already concluded is preserved.
30.6 If an impediment to performance continues for materially longer than is reasonable, the parties may terminate the affected and as yet unperformed part of a Transaction in accordance with the individual documents. Claims already accrued and settlement obligations shall remain in force.
31. Term, Account Closure and Amendments
31.1 The relationship for use of the Platform commences upon registration and continues for an indefinite period. The User may close the User Account provided that no outstanding Transactions, obligations, payments or disputes prevent this.
31.2 FinanceFarm may terminate the usage relationship by giving reasonable notice and may terminate or suspend it immediately for cause. Existing Transaction contracts remain unaffected.
31.3 FinanceFarm may amend these GTC for the future on objective grounds. Material amendments shall be notified in an appropriate form before they take effect.
31.4 Transactions already concluded shall, in principle, remain subject to the terms accepted when they were concluded. Mandatory law and expressly agreed adjustment mechanisms remain reserved.
31.5 FinanceFarm may modify or discontinue functions provided that accrued rights are not withdrawn without legal basis.
31.6 FinanceFarm may deactivate a User Account following termination and delete or anonymise data after the expiry of statutory or legitimate retention periods.
31.7 Amendments that relate exclusively to new functions or are advantageous to the User may take effect when made available. The individual agreement shall continue to govern detrimental amendments to ongoing contractual relationships.
31.8 Continued use of the Platform by the User after new GTC take effect shall be deemed to constitute consent only if the User was first clearly informed of the amendment, its effective date and the significance of continued use and mandatory law permits this form of consent.
32. Notices, Evidence, Governing Law and Jurisdiction
32.1 Notices may be served by email, account notification or another agreed electronic channel. The User shall keep the User’s contact details up to date.
32.2 System records, emails, electronic confirmations and evidence of version, receipt and payment may be used as evidence to the extent permitted by law.
32.3 If a provision is invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision; mandatory consumer rights remain reserved.
32.4 Swiss law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, to the extent that its exclusion is permissible.
32.5 To the extent permitted by law, the courts at FinanceFarm’s registered office in the Canton of Basel-Landschaft shall have exclusive jurisdiction. Mandatory places of jurisdiction remain reserved.
32.6 The German version shall prevail. Translations are provided solely for ease of understanding.
32.7 Legally relevant notices from the User must be sent to the address specified in the Legal Notice or Provider Information in the “Legal” section at https://www.financefarm.com or in the individual contract. Support or chat messages are sufficient only where FinanceFarm expressly enables that channel for the declaration concerned.
32.8 Rights and obligations under a Transaction may be transferred by the User only with FinanceFarm’s prior written consent. FinanceFarm may transfer contracts to a suitable legal successor as part of a restructuring or transfer of the business area concerned, provided that the User’s legitimate interests are safeguarded.
32.9 A failure to exercise a right in an individual case shall not constitute a permanent waiver. Amendments and ancillary agreements must comply with the form prescribed in the individual documents.
32.10 To the extent that the User is a consumer, mandatory places of jurisdiction, mandatory protective provisions of the state in which the User resides and non-waivable rights remain unaffected.
32.11 These GTC enter into force on 26 August 2026 and replace earlier Overall Service GTC for future contracts. Transactions already concluded shall be governed by the version incorporated when they were concluded.
END OF THE GENERAL TERMS AND CONDITIONS