General Terms and Conditions of Business

Cancellation right

You may cancel your contract in writing (e.g. letter, fax, e-mail) within 14 days, without stating any reason. The cancellation period starts at the earliest after receipt of the corresponding notice, but only once the Customer has received all mandatory information pursuant to Article L. 222-17 of the Consumer Protection Act. Cancellations are to be sent to: Advanzia Bank S.A., 9, rue Gabriel Lippmann, L-5365 Munsbach.

 

Consequences of cancellation

In the event of a cancellation taking effect, services received by both parties and, where applicable, any benefits derived (e.g. interest) must be returned. If you cannot return the services received, either fully or partly, or only in a deteriorated condition, you must pay compensation for the value lost, where applicable. This may result in having to fulfil the contractual payment obligations until the cancellation becomes effective. Payments must be reimbursed within 30 days of sending your notice of cancellation. 

Agreement to prior execution

I consent to Advanzia commencing execution of the contract prior to the end of the cancellation period.

 

End of cancellation information

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General information based on Distance Selling Regulations

 

Advanzia Bank S.A.
9 Parc d’Activité Syrdall
L-5365 Munsbach

Tel.:   0800-8802120
Fax:  00352-26387599

www.advanzia.com
advanzia@advanzia.com

Luxemburg Commercial Register: No. B109476
VAT reference: LU 20992462

main activity of the bank:   The purpose of the business are banking operations and issuing credit cards.

Legal representatives:      Marc Hentgen, Eirik Holtedahl

Financeial regulatory authority:   Commission de Surveillance du Secteur Financier (CSSF), 110 route d’Arlon, 2991 Luxembourg

Out-of-court complaint procedures:   The Customer may resort to the complaint procedure provided for in Article 58 of the law of 5 April 1993, for the financial sector. Pursuant to this law, the financial regulatory authority is authorised to accept complaints from customers of the institutions it supervises and to deal with the complaint in view of an out-of-court settlement.

Contract language:   The contractual language is German.

Applicable law:   The law of Luxembourg shall apply.

Deposit protection fund:   The Bank is a member of the Association Pour La Garantie Des Dépots Luxembourg (AGDL). The deposits are fully insured up to an amount of EUR 100,000. You can find the specific insurance conditions under www.agdl.lu

 

Contractual features:   The Bank will open a call account with variable interest rates on behalf of the Customer. Incoming payments are credited to the account, payments requested by the Customer are debited to this account. The Customer will make a binding offer to conclude a call money contract on the webpage of Advanzia Bank. The contract takes effect upon acceptance by Advanzia, subject to the verification of the Customer's identity. The contract continues indefinitely. There is no minimum duration. It can be terminated at any time without observing any cancellation period. 

Prices, costs, taxes:   The contractual use of the call account is free of charge. Please refer to the price list. Such investment may be liable to tax, in particular withholding tax and tax payable in the country of residence. The Customer must obtain the corresponding information and inform Advanzia Bank promptly in case he/she wishes to exercise any choice as regards his/her tax obligations.

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General Terms and Conditions of Business  www.advanziakonto.com

The business relation between Advanzia Bank and its customers is determined by the General Terms and Conditions set forth below.

The Bank will open call accounts in euros for private customers that have been approved. Only one account per person will be opened. Such accounts will only be opened for persons above 18 years. Prior to concluding the contract for such an account, the Customer provides the Bank with specific supporting documents for the purposes of identification. The Bank may refuse to open such an account at its sole discretion and without stating any reason.

 

1. Account keeping

Opening, keeping and closing the account are free of charge. This does not apply to court and out-of-court costs nor to costs incurred by third parties. If the Customer indicates an e-mail address, bank statements are sent by e-mail and/or made available to the Customer online. If bank statements are made available online, they can be consulted on a monthly basis. In this event, no paper statement will be sent to the Customer. Should the Customer nevertheless wish to receive paper statements by post, the Bank reserves the right to charge the corresponding postal fees to the Customer. The list of prices is available from www.advanziakonto.com. The Bank reserves the right to limit minimum and maximum investment amounts. Payments to call accounts are due daily. The account is managed on a prepaid basis only. Should there be, for any reason whatsoever, a negative balance at the Customer's request, the Bank may calculate a borrowing rate conforming to applicable rates. There is no fixed-term agreement. Transfers to the Customer's call account may only be made from a Customer's account held with a bank in the EU or EFTA countries. The Customer may dispose of the assets in the call account at any time. He/she instructs the Bank to initiate a transfer on his/her behalf to his/her bank account registered as the EU/EFTA reference account used to make the daily payments. The bank account management tasks consist in transferring money from and to the call account and in crediting interests as agreed on. A call account offers no other options. Specifically, it cannot be used or overdrawn for payment transactions (transfers, standing orders, direct debit orders, cheque cashing, etc.)

 

2. Interest

The Bank will pay interest accruing from the day when euro payments are made to the Customer's account. No interest is due on euro withdrawals as of the banking day of the withdrawal. Interest payments are precise to the day; interest is credited once a month. Interests are only paid for the predetermined minimum or maximum investment, respectively. The applicable interest rate is determined by the contract concluded by the Customer and the Bank. The interest rate is defined by the Bank on the basis of market conditions. The Bank is at liberty to adapt the credit and debit interest to money market rate fluctuations. Interest rate changes as well as applicable interest rates are stated in the Bank's price list.

 

3. Additional sevices

The Bank may offer other services with the call account. They are free of charge for the Customer.If additional services are offered which are subject to separate conditions and fees, the Customer is informed separately. 

4. Security

All documents, assets or claims that the Customer has entrusted or will entrust to the Bank constitute ipso iure indivisible and preferential collateral in favour of the Bank to ensure the complete performance of the principal claims as well as of interests, charges and ancillary costs of all existing and/or future - including conditional and time-limited - liabilities and obligations the Customer has or will have towards the Bank. This specifically applies to claims made by the Bank towards the account holder for other products (e.g. credit card). The Bank cannot be forced to assign these assets. Should the account holder also have a credit card with the Bank, assets from the call account cannot be used to pay the balance outstanding on the credit card. Assets of the call account may serve as a guarantee for the credit card. Any decision related thereto is made on a case-by-case basis and at the Bank's sole discretion. In this case, the Customer agrees that the Bank will refrain from making any payments out of the call account up to an amount corresponding to open and due claims towards the Bank. 

5. Bank notices

All information to be provided by the Bank can be made in electronic form (e-mail), via its webpage or in paper form. The Customer must therefore make sure that the Bank has a valid e-mail address or postal address and must immediately inform the Bank of any changes.

Unless otherwise agreed, the Bank will put all changes to the above-mentioned information at the Customer's disposal via the same media.

Notices served by the Bank shall be considered as delivered if they were sent to the last address given by the Customer in the manner agreed on. The Bank cannot be held liable for any damage arising from the Customer's non-receipt of any of the Bank's notices. The date stated on the copy or the Bank's mailing list shall be considered as the date of dispatch. In case a notice by the Bank is returned to the Bank with the note "addressee unknown" or "addressee moved", the Bank may keep said notice, as well as any other notices to be sent to that Customer address. In such cases, the Bank's duty to notify is deemed fulfilled, i.e. keeping the notice to be given to the Customer or storing it in an electronic data file that can be put at the Customer's disposal whenever he/she wishes. In accordance with the conditions described above, the Customer accepts the risk of receiving information belatedly.

If the Bank's notices are made available on the Bank's website www.advanziakonto.com, they are deemed to have been sent to the Customer one day after publishing them on the corresponding webpage. If one of the Bank's notices is made by referring, in one of their documents, to the webpage it was published on, such notice shall be deemed as having been sent to the Customer on the date of the corresponding document.

 

6. Form and execution of orders

All orders by fax, telephone, e-mail, electronic data transmission or any other means will be made by the Bank at the Customer's risk; the Customer shall bear the consequences arising from any misunderstandings or errors; this also applies in the event of orders being made by an unauthorised third party. Orders for which the manual signature was replaced by a means of personal and confidential electronic access, such as entering a personal identification number/PIN on a keyboard, or the electronic transmission of a password, such password shall be considered as the Customer's valid manual signature. The Bank will assume that the account number stated on any order to pay is correct and corresponds to that of the recipient given on the payment order. 

7. Proof

The Bank's books, documents and data of any form are considered to provide probative value in the absence of evidence to the contrary.

 

8. Error correction

The Customer must inform the Bank of all errors that may be contained in the documents and statements issued by the Bank. If no objections are made within 30 days of sending the documents and statements, the information contained therein shall be considered as accepted by the Customer, except in cases of evident material errors. The Bank may proceed to correct the material errors at any time. Should the Customer not have received the documents, statements or other notices in connection with a particular business transaction within standard postal delivery time, the Customer must inform the Bank immediately.

In the event that the Bank has debited or credited an amount to the Customer's account, it will proceed to correct the factual error by crediting or debiting the corresponding amount.

 

9. Banking secrecy, data protection

Pursuant to pre-contractual and contractual relations as well as legal regulations, the Bank collects and processes the Customer's personal data for the purpose of gathering information about a Customer's identity. The Customer agrees to such information being transmitted to any partners that are necessarily involved in performing the contract. The client agrees that the Bank will use these data to perform its tasks and also, unless he/she disagrees, for the sale of its products and services. Pursuant to banking secrecy, the Bank shall treat all personal data confidentially and shall not pass them on to third parties, unless there are special legal regulations or the Customer's express request or a legally binding obligation of passing on information to third parties. In accordance with legal regulations, the Customer has a right to consult his/her personal data and have them corrected, where applicable. The Customer is entitled to authorise a third person, by means of the proxy form provided by the Bank, to make payments from the Customer's account and to obtain information about the account balance. The Customer will make his/her password accessible to the authorised person, inform the Bank accordingly and provide any further information at the Bank's request. With the power of attorney, the Customer releases the Bank from banking secrecy vis-à-vis the authorised person for the term and the extent of the power of attorney. The Customer may at any time cancel a power of attorney in writing. The Bank cannot be held liable for business transactions performed according to any such power of attorney prior to receiving written notice of termination of said power of attorney. Such power of attorney ends in the case of death of the principal or the authorised person.

 

10. Personal data, duty to inform

Full and up-to-date customer data are required to ensure the smooth running of the corresponding banking operations. The Customer undertakes to inform the Bank immediately of all changes of his/her data (e.g. address, e-mail address) and to provide any other information which the Bank requires as regards the business relationship with the Customer or which it has to collect for legal purposes. The Customer can refuse to pass such data on to the Bank, or can prohibit the Bank from processing the data electronically; however, this would render opening an account or continuing business relations impossible.

The Customer authorises the Bank to record telephone conversations and electronic communications and to keep such recordings, if necessary. No claims may be made for missing recordings or non-keeping of recordings in case of a dispute.  

 

11. Termination

Pursuant to the agreements between the Bank and the Customer, for which no temporal restriction was defined, each Party may terminate the mutual relations at any time in writing (letter, e-mail, fax), without explanation and with immediate effect. When exercising this right of termination, the Bank will consider the Customer's legitimate interests.

 

12. Limitation on the Bank's liability

In general, the Bank, in terms of its business relation, is liable towards the Customer solely in cases of gross negligence and wilful intent. The parties consider it as agreed that a person using a Customer's personal identification data is treated by the Bank as if they were the Customer. In this respect, the Customer shall be liable towards the Bank if the contract was used in a non-authorised way. The Customer shall not transmit any such information to third parties or shall immediately inform the Bank in case of loss. Any information communicated to the Customer is sent at his/her own risk. The Bank shall not be held liable for changes in customer data which were not communicated. The Bank shall not be held liable for errors that occurred when executing an order for which erroneous or imprecise instructions were received or as regards the consequences that may arise in connection with forged orders it was requested to execute. The Bank shall not be held liable in cases of forgeries and erroneous identity verifications of the documents submitted, unless there is gross negligence on the part of the Bank. Likewise, the Bank shall not be held liable if it has no knowledge of an error contained in the documents submitted, nor shall the Bank be required to check the continued validity of such documents. The documents submitted are returned at the Customer's risk. Moreover, the Bank shall not be held liable for damages arising from or in connection with any lack of legal capacity of the Customer, authorised persons, heirs, beneficiaries and assignees or the death of the account holder, as long as the Bank was not informed thereof. 

13. Succession

In the event of a Customer's death, the Bank must be informed immediately by means of the corresponding death certificate. In the event of a Customer's death, the account is blocked automatically and any powers of attorney issued by the deceased in favour of third parties are cancelled. In the event that the Bank is not informed accordingly, it shall not be held liable for transactions made after the death of a Customer. To unblock the account in favour of the heirs or the beneficial owners, the Bank must be in possession of the documents regulating all aspects of the succession, as well as the written consent of the beneficial owners.

 

14. Contract modifications

The Bank reserves the right to modify these conditions, the type of services offered and the fee structure in order to accommodate and comply with any legal or statutory modifications, changes of market conditions or financial market usances. Such modifications are communicated to the Customer by an announcement via the Internet or by any other means of communication deemed appropriate by the Bank, such as a notice sent together with the statements or any other type of correspondence sent by the Bank. Such modifications are considered as accepted by the Customer if the latter does not object in written or electronic form within one month of any notification of the change, or if he/she does not terminate the contract.

 

15. Place of jurisdiction, dicclaimer

All rights and obligations of the Customer towards the Bank are governed by Luxembourg law, unless expressly stated otherwise. The competent court is the district court of Luxembourg. Subject to a differing agreement, the registered office of the Bank is the place of performance of the Bank's obligations towards the Customer and of the Customer's obligations towards the Bank.

The Customer recognises that they are solely responsible for observing the laws applicable in their country of residence, especially as regards all direct and indirect consequences arising from opening and maintaining an account and the corresponding fiscal obligations. Solely the German version of these terms and conditions shall apply. In the event of discrepancies in other language versions, the German text shall prevail exclusively.

In the event that any of these provisions should be invalid, this shall not affect the validity of the remaining provisions thereof.

 

Version 08/2014

The Customer confirms they are acting in their own name and for their own account. Moreover, the Customer affirms and agrees to inform Advanzia immediately if they or a close family member are a politically exposed person or if they are known to be close to a politically exposed person or become one during the contract term.

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