General Terms and Conditions
These General Terms and Conditions govern the use of the hypoteq.ch website and the services provided by HYPOTEQ AG in the field of mortgage advisory and brokerage. Swiss law applies. The German version is legally authoritative.
As of: July 2026
1. Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between HYPOTEQ AG, Löwenstrasse 29, 8001 Zurich (hereinafter “HYPOTEQ”, “we” or “us”) and its customers (hereinafter “Customer”) in connection with the use of the hypoteq.ch website and the services provided by HYPOTEQ in the field of mortgage advisory and brokerage.
1.2 Any deviating, conflicting or supplementary terms of the Customer shall not become part of the contract unless HYPOTEQ has expressly agreed to their validity in writing.
1.3 The version of these GTC valid at the time the contract is concluded shall apply.
2. Services provided by HYPOTEQ
2.1 HYPOTEQ advises customers on financing residential and investment properties and brokers mortgage products from banks, insurers and other financing partners.
2.2 HYPOTEQ acts as an intermediary and is not itself a lender. A mortgage or financing agreement is concluded exclusively between the Customer and the respective financing partner. HYPOTEQ is not a party to such an agreement.
2.3 Mortgage calculators, simulations, affordability and eligibility checks and other calculations on the website are for non-binding guidance only. They constitute neither individual advice nor a binding financing commitment.
3. Formation of the contract
3.1 The information and offers presented on the website are non-binding and do not constitute an offer in the legal sense.
3.2 An advisory or brokerage contract between the Customer and HYPOTEQ is formed as soon as HYPOTEQ accepts a Customer request and begins providing the service.
3.3 Depending on its structure, the contractual relationship is governed by the rules on the simple mandate (Art. 394 et seq. CO) and/or the brokerage contract (Art. 412 et seq. CO).
4. Customer's duty to cooperate
4.1 The Customer is obliged to provide HYPOTEQ with all information and documents required for advice and brokerage completely, truthfully and in good time.
4.2 The Customer is responsible for the accuracy and completeness of the information provided. If calculations, recommendations or financing applications are based on incorrect or incomplete information provided by the Customer, HYPOTEQ accepts no liability for this.
4.3 The Customer must inform HYPOTEQ without delay of any changes in personal or financial circumstances that are material to the financing.
5. Independence and no guarantee of success
5.1 HYPOTEQ endeavours to broker a financing solution suited to the Customer's needs but does not owe any specific result. In particular, there is no entitlement to a financing partner granting financing.
5.2 The decision on whether to grant financing and on its terms lies exclusively with the respective financing partner.
6. Liability
6.1 HYPOTEQ accepts no warranty for the accuracy, correctness, timeliness and completeness of the information and calculations provided on the website.
6.2 HYPOTEQ's liability for slight negligence is excluded to the extent permitted by law. HYPOTEQ is liable for intent and gross negligence in accordance with the statutory provisions (Art. 100 CO). Liability for indirect damage, consequential damage or lost profit is excluded to the extent permitted by law.
6.3 HYPOTEQ accepts no responsibility for the content, products and services of financing partners or for third-party websites accessible via links.
7. Data protection and data processing
7.1 HYPOTEQ processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the European General Data Protection Regulation (GDPR).
7.2 Principle of data minimisation: HYPOTEQ collects and processes only the personal data required to process the request and to make contact. No data is collected that is not needed for this purpose.
7.3 The following data in particular is collected via the contact and request forms: first name, last name, e-mail address and telephone number, as well as the financing details entered by the user (e.g. purchase price or property value, own funds, income, existing mortgage, desired interest term).
7.4 Purpose limitation: This data is processed exclusively for the purpose of advice, examining financing options and contacting the Customer. Processing for other purposes takes place only with the Customer's prior consent or where legally permitted.
7.5 The legal basis for processing is the Customer's consent (submitting the form and accepting these GTC) as well as the initiation and performance of the pre-contractual or contractual relationship.
7.6 Disclosure to third parties: The data collected is not sold and is not passed on to third parties for advertising purposes. It is stored by HYPOTEQ and used exclusively to make contact and process the request. Disclosure to financing partners (banks, insurers) does not occur automatically, but only if the Customer wishes to pursue specific financing and separately consents to this. For storage and operation, HYPOTEQ uses technical service providers (hosting/database providers) as processors, who are contractually obliged to maintain confidentiality and comply with data protection. Disclosure to authorities occurs only where a legal obligation exists.
7.7 Retention: Personal data is retained only for as long as necessary for the stated purposes or due to statutory retention obligations, and is then deleted or anonymised.
7.8 Data security: HYPOTEQ takes appropriate technical and organisational measures to protect personal data against unauthorised access, loss or misuse. Data transmission via the forms is encrypted.
7.9 Rights of the data subject: Within the scope of applicable law, the Customer has the right to information about the personal data processed and to its rectification, erasure or restriction of processing, and may withdraw consent given at any time with effect for the future. Requests should be addressed to info@hypoteq.ch.
8. Duration and termination
8.1 The mandate or brokerage relationship may be terminated by either party at any time. Art. 404 CO remains reserved, according to which a mandate may be revoked or terminated at any time.
8.2 Services already rendered remain unaffected by termination.
9. Intellectual property
9.1 All rights to the content, texts, images, graphics, logos and software of the website belong exclusively to HYPOTEQ or the respective authorised third parties.
9.2 Any use, reproduction or redistribution — in whole or in part — requires the prior written consent of HYPOTEQ.
10. Amendments to the GTC
HYPOTEQ reserves the right to amend these GTC at any time. The version published at the time the service is used shall apply. The current version is available on the website.
11. Severability
Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a rule that comes closest to the intended economic purpose.
12. Applicable law and place of jurisdiction
12.1 These GTC and all legal relationships between the Customer and HYPOTEQ are governed exclusively by Swiss substantive law, excluding conflict-of-law rules and international conventions (in particular the Vienna Sales Convention, CISG).
12.2 The exclusive place of jurisdiction for all disputes is Zurich (Switzerland), subject to mandatory statutory places of jurisdiction, in particular in favour of consumers.