Published on May 11, 2021
Terms of Service
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.
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.
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:
(a) any Restricted Locations, or
(b) any country to which Switzerland has embargoed goods or services;
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 or EUR.
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
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:
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.
If you wish to return a physical product, please contact us via firstname.lastname@example.org. 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:
5.3.3. Refund value
Provided that a product can be returned, the following refund rule applies:
5.3.4. Return shipping costs
Postal charges for the return shipment of products are generally borne by the sender. The following exceptions apply:
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:
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).