This is a translation for convenience. The German version prevails.
General Terms and Conditions
Version Juni/2026
Finanz Fuchs GmbH supports private individuals and businesses in the areas of pension planning, insurance and financial and tax matters. It advises and brokers in accordance with the respective individual mandate and with the care of an expert service provider.
This preamble serves as orientation. The rights and obligations of the parties are governed by the following provisions and the individual mandate. In the event of contradictions, the following provisions take precedence over this preamble.
Individual provisions of these GTC apply only to business clients or only to consumers. They are marked as «Provision for business clients» or «Provision for consumers» and highlighted.
These General Terms and Conditions (GTC) govern the advisory, brokerage and administration services of Finanz Fuchs GmbH, Churerstrasse 1, 9450 Altstätten (hereinafter "the Company"), towards its clients.
A "client" is the natural or legal person that engages the Company for a service. A "consumer" is a client acting for a purpose that cannot be attributed to their professional or commercial activity. A "business client" is any other client.
The scope of services is governed by the individual mandate. These GTC form an integral part of it. Individually agreed terms take precedence over these GTC.
Certain provisions of these GTC distinguish between consumers and business clients. Such provisions are marked as "Provision for consumers" or "Provision for business clients".
Where mandatory statutory provisions protecting consumers conflict with a provision of these GTC, they take precedence over it. The remaining provisions continue to apply.
General terms and conditions of the client apply only where the Company agrees to them in writing.
The Company is registered as a non-tied insurance intermediary in the register of the Swiss Financial Market Supervisory Authority (register no. F01511080). It is not legally or economically committed to any insurance undertaking.
The contract is concluded upon acceptance of the Company's offer or upon commencement of activity at the client's request.
Communications may be made in text form, in particular via the Company's client portal, where the client has been enabled for it, as well as by email.
The German version of these GTC prevails.
The Company provides services in the areas of pension planning, insurance, and financial and tax matters in accordance with the individual mandate.
The Company owes careful and professional conduct, not the occurrence of a particular result. It does not guarantee any particular return, any particular tax saving or any particular outcome of decisions by insurers, banks or authorities.
The Company advises on the basis of the circumstances disclosed to it by the client and the legal situation in force at the time of the advice.
The Company's services do not replace legal advice by a lawyer or any reserved tax or official assessment. Where a matter requires such an assessment, the Company points this out to the client.
The Company does not provide licence-requiring asset management or investment advice within the meaning of financial services law. Where desired, such services are referred to third parties licensed or registered for this purpose.
Provision for business clients
Evaluations, analyses and reports of the Company towards business clients are deemed approved if the business client does not object to them in writing within 30 days of delivery. Obvious errors may also be asserted after this period has expired.
4b.1 The Company's assessments are based on the circumstances disclosed by the client and on the legal, tax and market situation applicable at the time of the service. If these bases change, the assessment ceases to be binding.
4b.2 Statements by the Company on legal, tax or regulatory questions are general information and not a conclusive assessment by a professional licensed for this purpose.
4b.3
The Company provides its services within the supervisory and anti-money-laundering obligations applicable to it. It may refuse, defer or terminate a service where statutory, supervisory or anti-money-laundering grounds, or measures to comply with sanctions, so require. Any disadvantage arising from this is not borne by the Company.
4b.4 These GTC leave the client's mandatory rights, in particular those of the consumer, unaffected.
The client provides the Company with the information required for the service completely and correctly.
The client reports material changes in their personal, financial or family circumstances without being asked.
Where a disadvantage is based on incorrect or incomplete information provided by the client, the Company is not liable for it.
Provision for business clients
Where a third party asserts a claim against the Company that is based on incorrect or incomplete information provided by the business client, the business client indemnifies the Company.
The Company's remuneration consists of fees from the client and of compensation from product providers. The fee is governed by the individual mandate or the applicable fee schedule.
The Company discloses to the client before conclusion of the contract in which areas it acts on a fee basis and in which it acts on a compensation basis.
Fees fall due within 30 days of invoicing.
Provision for business clients
The business client may not set off claims of the Company against its own counterclaims unless the counterclaim has been established by a court or recognised by the Company.
The Company receives compensation from product providers for brokering insurance and pension products (brokerage and commissions). Before conclusion of the contract, it discloses to the client the nature and extent of this compensation, its calculation parameters and its range per product category. The details are set out in the disclosure annex, which forms part of these GTC. The client takes note of this information and leaves the disclosed compensation to the Company as part of the remuneration. To that extent, the client waives its release.
Upon request, the Company discloses to the client the compensation actually received. The information is free of charge. Where the client requests it repeatedly within a short period, the Company may charge a cost-covering flat fee.
The Company safeguards the client's interests and takes organisational measures to avoid conflicts of interest.
Where a conflict of interest cannot be avoided, the Company discloses it to the client before providing the service concerned.
The Company may engage auxiliary persons to perform its services.
It requires engaged auxiliary persons to comply with the obligations arising from this contractual relationship.
The Company treats the client's circumstances confidentially. Statutory and supervisory disclosure and reporting obligations are reserved.
The Company processes the client's personal data in accordance with the applicable data protection provisions and its privacy policy. The latter is available in its current version on the website and in the client portal.
The processing also covers sensitive personal data, in particular health information, to the extent required for the service. Where consent is required for this, the Company obtains it expressly.
The Company is liable for damage it causes the client through a breach of its duty of care, in accordance with the statutory provisions. It maintains professional liability insurance.
The Company is not liable for decisions of insurers, banks or authorities, for the market performance of brokered products, or for damage arising from incorrect or incomplete information provided by the client.
Provision for business clients
Towards business clients, the Company is liable only for gross negligence and intentional breach of duty. Liability for any fault below gross negligence is excluded, as is liability for the conduct of its auxiliary persons to the same extent. Liability is limited to direct damage. Liability for indirect damage, consequential damage and lost profit is excluded. The Company's total liability arising from a mandate is limited to the total remuneration received in the last twelve months, with a minimum of CHF 50 000 and a maximum of CHF 2 000 000. The higher of the two amounts, up to the maximum, is decisive. Liability for gross negligence and intentional breach of duty remains reserved.
Provision for consumers
Towards consumers, statutory liability applies. A limitation to their detriment is made only to the extent permitted by law.
Provision for business clients
Claims of the business client against the Company become time-barred one year after knowledge of the damage and of the Company as the liable party, but at the latest two years after the harmful act.
In the event of disagreement, the client first seeks a discussion with the Company.
Where no agreement is reached, the client is free to pursue legal action.
The mandate may be terminated by the client and by the Company at any time and without observing a notice period. No contractual penalty or equivalent disadvantage for the terminating party is agreed.
Where the mandate is terminated at an inopportune time, the terminating party compensates the other for the resulting damage.
Services already rendered and expenses incurred are to be remunerated.
Provision for consumers
Where a consumer concludes the mandate agreement at their home, at their workplace, at a promotional event or by telephone, without having expressly requested the conversation, they may revoke the mandate agreement within 14 days in text form. The period begins once the Company has informed the consumer of this right. Separate statutory periods apply vis-à-vis the insurer for withdrawal from a brokered insurance contract.
The Company may amend these GTC. It notifies the client of changes in text form.
Where the client does not object to the change within 30 days of notification, the amended version is deemed accepted. Material changes to the scope of services or to the remuneration require the client's consent.
Provision for consumers
Towards consumers, the Company points out the right to object and the period separately in the notification. Existing individual mandates remain on the terms agreed at conclusion of the contract unless otherwise agreed.
The contractual relationship is governed exclusively by Swiss law, excluding the conflict-of-law rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
Provision for consumers
Towards consumers domiciled abroad, the mandatory provisions of their state of residence remain reserved.
The place of jurisdiction is the Company's registered office.
Provision for consumers
For consumers, the statutory place of jurisdiction at their place of residence remains reserved.
Where a provision of these GTC proves to be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a permissible provision that comes closest to its economic purpose.
Amendments to the individual mandate and to these GTC require text form.
Finanz Fuchs GmbH · Churerstrasse 1, 9450 Altstätten