Published on May 11, 2021

Terms of Service

Disclaimer

THE PRESENT DOCUMENT IS A PRELIMINARY DRAFT FOR INFORMATION PURPOSES ONLY. WE MAY AMMEND, UPDATE OR OTHERWISE CHANGE, AT ANY TIME AND WITHOUT PRIOR NOTICE, ANY OR ALL OF THE TERMS OF SERVICE.

1. Introduction

Pocket provides a simple and convenient way to exchange legal tender (such as Swiss Francs and Euros) for bitcoin. Pocket also educates and accompanies its users on their journey to understanding bitcoin. Additional our users can purchase hardware wallets and other storage solutions to keep their bitcoin holdings safe and secure.

2. Eligibility

Pocket may not make the services available in all markets and jurisdictions, and may restrict or prohibit use of the services from certain European or foreign jurisdictions. Our services are only available to private individuals as we do not offer our services to corporations.

You further represent and warrant that you:

  • are of legal age to form a binding contract (at least 18 years old);
  • have not previously been suspended or removed from using our services;
  • have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
  • are not located in, under the control of, or a national or resident of

(a) any Restricted Locations, or

(b) any country to which Switzerland has embargoed goods or services;

  • are not listed as a "Sanctioned Individual" by SECO; and will not use our services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

We may, at any time and in our sole discretion, refuse any purchase via Pocket, impose limits on the purchase amount permitted via Pocket or impose any other conditions or restrictions upon your use of our service without prior notice.

3. No investment advice

All content produced by Pocket App GmbH is for informational purposes only and shall not be construed as investment or financial advice. You acknowledge that Pocket is not acting as your broker, intermediary, agent, or advisor in any fiduciary capacity.

Buying bitcoin can be financially risky as it might be subject to volatile market price movements. Please don't use Pocket if you do not understand these risks and we highly advise not to buy Bitcoin with money that you need to sustain a living.

4. Bitcoin services

Pocket does not purchase, sell, or exchange any bitcoin on its own behalf. When you submit a new bank payment, you authorise Pocket to execute an exchange for the full amount after the deduction of the fees.

We execute the bitcoin purchase after we detect your bank payment on our bank account. The relevant exchange rate is determined at that moment with one of our partner exchanges and hence we can not guarantee a particular exchange rate. Delays due to internal processes might occur.

While Pocket employs measures to ensure that Bitcoin purchases are accessible 24 hours a day and 7 days a week, we cannot guarantee uninterrupted or error-free operation. Pocket may at its sole discretion reject any pending transactions, in the event of such disruptions. Pocket bears no liability for rejecting a bitcoin purchase initiated via a bank payment.

Once the purchase has successfully been executed, a confirmation email will be sent to you with all the details in regard to your purchase. You acknowledge and agree that the failure to deliver such confirmation email shall not prejudice or invalidate the terms of the purchase.

Pocket does not offer the service of selling/exchanging bitcoin back into CHF, EUR or GBP.

All sales and purchases of bitcoin via Pocket are final. We do not accept any returns or provide refunds for your purchase of bitcoin.

5. Physical products

5.1. Warranty

Pocket does not provide any warranty for bitcoin stored on hardware wallets. Customers must make sure that they have backed up their wallet securely as hardware wallets can break just as any other computer hardware.

In the event of any manufacturing defect or issue, we will endeavour to assist you in resolving the problem with our support.

Pocket warrants for two years from delivery date that the ordered product will be free from defects and fully functional. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. Pocket shall provide warranty either by:

  • repairing the product free of charge (original warranty period continues to apply to the entire product);
  • providing a partial or full replacement with an equivalent product (for replacement within the first year of warranty, the original warranty period continues to apply. For replacement within the second year of warranty, the warranty period is one year starting from the time of replacement);
  • replacing the product through Pocket (the warranty period of two years starting from the time of replacement applies)
  • providing a refund at current price (no more than the sales price at the time of the original order); or
  • giving a price reduction.

Pocket explicitly excludes warranty for wear and tear parts such as adapters and for software problems.

Provided that the manufacturer warranty exceeds the warranty of Pocket, Pocket shall grant the former to the customer.

5.2. Delivery / Shipping

Orders made on working days before 15:00 CEST will be shipped on the same day. In extenuating circumstances, delivery make take longer than expected - for instance, if a product is out of stock.

5.3. Returns

If you wish to return a physical product, please contact us via team@pocketbitcoin.com. We have listed the requirements below. All products purchased from Pocket App GmbH may be returned by post only.

5.3.1. Return period

Our return periods apply from date of shipment. The date of the postmark applies.

30-day right of return for all products purchased from Pocket

Subject to the below-listed limitations, all products purchased from Pocket App GmbH may be returned within 30 calendar days.

5.3.2. No right of return

Unfortunately, we cannot accept the following returns:

  • Hardware Wallets; Pocket does not accept returns of any hardware wallets as these are security critical devices that shall never be reused or resold.
  • Damaged products (with the exception of transport damage)
  • Products that are not in their original packaging
  • Products that do not include all accessories
  • Unsealed products

5.3.3. Refund value

Provided that a product can be returned, the following refund rule applies:

  • Full refund at purchase price if the the product is in its sealed, undamaged original packaging

5.3.4. Return shipping costs

Postal charges for the return shipment of products are generally borne by the sender. The following exceptions apply:

  • The product received is incorrect
  • The product information in our shop is incorrect
  • The product received was not ordered
  • The product is incomplete

6. Acceptable use

When accessing or using Pocket, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our service. Without limiting the generality of the foregoing, you agree that you will not:

  • Use Pocket in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our service, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access Pocket or to extract data;
  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
  • Develop any third-party applications that interact with our Services without our prior written consent;
  • Provide false, inaccurate, or misleading information; and
  • Encourage or induce any third party to engage in any of the activities prohibited under this Section.

7. Discontinuance of Services

We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of Pocket and our services.

8. Data Protection

Please refer to our Privacy Notice for information about how we collect, use and share your information.

9. Applicable law and jurisdiction.

This terms shall be governed by and construed in accordance with the substantive laws of Switzerland. The parties irrevocably agree that the courts of Aargau, Switzerland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).