General Terms of Pawnbroking — Helvetia Pfand & Valoren AG
These General Terms of Pawnbroking of Helvetia Pfand & Valoren AG govern the business relationship between the borrower (also referred to as the pledger) and Helvetia Pfand & Valoren AG.
For ease of readability, gender-specific language has been omitted.
In all other respects, the provisions governing possessory liens (Art. 884 et seq. of the Swiss Civil Code, ZGB) and the corresponding provisions of cantonal law shall apply.
Only high-value, marketable and realisable assets are accepted as pledges.
These include, but are not limited to:
Loans are granted exclusively for items that are clearly identifiable, owned by the borrower, and readily realisable.
Helvetia Pfand & Valoren AG reserves the right to decline any pledge at any time and without stating reasons.
There is no entitlement to a loan against specific assets.
Any person with legal capacity may obtain a loan against the deposit of a pledge.
The borrower must verify their identity by presenting a valid official identity document.
The loan-to-value ratio is determined by Helvetia Pfand & Valoren AG.
It is set to ensure that no extraordinary risks arise for Helvetia Pfand & Valoren AG.
The borrower bears no personal liability for the debt (Art. 910 para. 2 ZGB).
However, the borrower is liable for damages if defects in the pledged asset are subsequently discovered or if third parties assert claims.
Helvetia Pfand & Valoren AG is entitled to block pledged assets pending clarification.
The borrower must sign a pledge agreement prior to disbursement of the loan.
The pledge right is established upon handover of the pledged asset and execution of the pledge agreement in accordance with Art. 884 et seq. ZGB.
Helvetia Pfand & Valoren AG assumes no liability for the accuracy of the appraised value.
A lending fee is charged for each loan, consisting of interest at 1% per month plus additional fees.
The lending fee is payable upon repayment or renewal.
Any commenced month is treated as a full month and charged accordingly. Pro-rata daily billing is excluded.
The day of disbursement counts as a full month.
The minimum fee in all cases corresponds to one full month's interest plus fees, regardless of the actual loan duration.
The loan term is three months from disbursement.
The borrower is entitled to extend the loan once for a further three months, provided all interest and fees accrued during the first three months are paid in full.
Pro-rata or retroactive reduction of interest or fees is excluded.
After expiry of the maximum total term of six months, no further extension is possible.
Early repayment is possible at any time but does not affect the obligation to pay the full lending fee.
Redemption takes place upon repayment of the loan, payment of the lending fee, and presentation of the pledge agreement or other appropriate identification.
Helvetia Pfand & Valoren AG is entitled to consider the bearer of a pledge agreement as duly authorised.
In the event of loss, Helvetia Pfand & Valoren AG must be notified immediately in writing.
The pledged assets will be blocked.
Redemption is only possible upon appropriate identification.
Helvetia Pfand & Valoren AG may renew loans upon maturity.
Helvetia Pfand & Valoren AG provides its services in compliance with all applicable legal requirements, in particular anti-money laundering regulations.
The borrower is responsible for compliance with all regulations applicable to them.
After maturity, the borrower may be issued a reminder. Fees may be charged for this.
If the loan is neither fully repaid nor renewed upon maturity, Helvetia Pfand & Valoren AG is entitled to realise the pledged asset.
Realisation may take place by auction, private sale, or through specialised markets.
Proceeds are applied to cover all claims. Any surplus is paid to the borrower.
Pledged assets may be insured. Liability is limited to the appraised value.
Any transfer of the pledged asset must be reported.
Services may be outsourced to third parties.
Notices are deemed received when sent to the last known address.
Personal data is processed in accordance with Swiss data protection law. Further information can be found in our Privacy Policy.
Swiss law applies. The place of jurisdiction is the registered office of Helvetia Pfand & Valoren AG.