General terms and conditions of Swiss Capfin
Trust services, advice, real estate brokerage, assistance with the purchase and resale of businesses, search for financing
These General Conditions of Sale govern the services offered by Swiss Capfin, a fiduciary services and consulting company, located at Rue du Cendrier 17, 1201 Geneva, Switzerland (hereinafter referred to as "the Service Provider"), in the areas of advice, real estate brokerage, assistance with the purchase and resale of businesses, as well as the search for financing.
1. Acceptance of mandates
By using the services of Swiss Capfin, the Customer acknowledges having read and understood these General Conditions of Sale. Any commitment, such as signing a contract, a commercial proposal or placing an order, expresses express acceptance of said conditions.
2. Billing and Payment
has. The Service Provider will issue invoices for the services provided to the Client in accordance with the terms of the current mandate. The Client undertakes to pay the entire amount invoiced upon receipt from the date of issue of the invoice, unless otherwise indicated in the mandate.
b. In the event of acceptance of an invoice for a current mandate, the Client acknowledges and accepts that the entire invoice is due for the entire current year, even if the mandate is terminated, canceled or modified during the term. execution.
vs. In the event of a payment agreement, if the Customer is late in paying a due date, the entire amount remaining due will become immediately due, and the payment agreement will be canceled.
3. Privacy
The Service Provider undertakes to preserve the confidentiality of all information and documents provided by the Client within the framework of the mandate, except to the extent that disclosure is required by law or by a competent authority.
4. Liability
The Service Provider will use all reasonable means to provide quality services to the Client in the areas of advice, real estate brokerage, assistance with the purchase and resale of businesses, as well as the search for financing. However, the Service Provider cannot be held responsible for the consequences linked to the use of the services provided within the framework of the mandate, nor for the results of real estate transactions, financing agreements obtained or commercial decisions taken by the Client.
5. Specific conditions for advice
has. The Service Provider will provide advisory services in financial, tax and accounting matters. The recommendations and information provided in connection with these services are based on information provided by the Client and best practices in effect at that time. The Service Provider does not guarantee the accuracy or completeness of this information and declines all liability in the event of decisions taken by the Client following the advice provided.
6. Conditions specific to real estate brokerage
has. The Service Provider will act as a real estate broker on behalf of the Client in researching and negotiating real estate transactions. The Service Provider undertakes to act in a professional and diligent manner in the execution of these services. However, the Service Provider cannot guarantee the availability, quality or characteristics of real estate offered by third parties, such as sellers or owners.
b. The Service Provider cannot be held responsible for hidden defects, defects or other problems linked to real estate purchased or sold as part of the brokerage mission.
7. Specific conditions for assistance with the purchase and resale of businesses
has. The Service Provider will provide business purchase and resale assistance services on behalf of the Client. These services consist of identifying opportunities to purchase or resell businesses and facilitating the steps to complete these transactions. The Service Provider does not guarantee the conclusion of purchase or sale agreements, as this depends on numerous external factors and negotiations between the parties involved.
b. The Service Provider cannot be held responsible for the decisions of third parties or the results of business purchase or sale transactions, including any failures or conditions imposed by the parties involved.
8. Specific conditions for seeking financing
has. The Service Provider will provide financing search services on behalf of the Client. These services consist of identifying potential sources of financing and facilitating the process of applying for credit or loans. The Service Provider does not guarantee obtaining financing, as this depends on numerous external factors and the policies of financial institutions.
b. The Service Provider cannot be held responsible for the decisions of financial institutions or the results of financing requests, including loan refusals or conditions imposed by lenders.
9. Payment agreement
In the event that the Service Provider and the Client agree on a payment agreement to stagger the payment of fees or costs linked to the services provided, the specific terms of this agreement will be defined in a separate document, annexed to these General Conditions of Sale. The Client undertakes to scrupulously respect the payment deadlines agreed in the payment agreement.
However, in the event of non-compliance with even one of the deadlines provided for in the payment agreement, the Client acknowledges and accepts that the entire amount remaining due will become immediately due and payable in full, without prejudice to the other rights and remedies of the Provider. In addition, the payment agreement will be automatically canceled, and the Customer must pay all costs and fees due in accordance with the provisions of clause 2(b) of these General Conditions of Sale.
10. Applicable law and competent jurisdiction
These General Conditions of Sale will be governed and interpreted in accordance with the laws in force in the canton of Geneva, Switzerland. Any dispute arising hereunder will be subject to the exclusive jurisdiction of the competent courts of the canton of Geneva.
By using the services of Swiss Capfin, the Client accepts these conditions and undertakes to respect them. The Customer is recommended to carefully read the entire General Conditions of Sale and consult independent legal counsel for any clarification or additional advice, if necessary. By respecting these principles, the Service Provider and the Client will be able to establish a relationship of trust and mutually beneficial collaboration.