Terms & Conditions

1. Introduction

These Terms of Business ("Terms") govern your use of SofiArt Gallery SA's services ("Services"), including the following transactions conducted within Switzerland:

• Exchange between fiat money and virtual assets.

By using our Services, you agree to comply with these Terms and all applicable laws and regulations, including those concerning anti-money laundering (AML) and counter-terrorist financing (CTF).

You / Your or Client refers to an individual who has agreed to all the Terms, as well as other applicable policies, and uses the services of SofiArt Gallery SA.

The Client may review these Terms of Business at the company’s office or on the official website.

For the avoidance of doubt, SofiArt Gallery SA does not provide its services online. In order to access any services and accept these Terms, the Client must visit the company’s office in person.

The Terms of Business made available on the website are published for informational purposes only and do not constitute an offer or provision of services online.

This clarification is intended to prevent any misunderstanding.

2. Regulatory Status

SofiArt Gallery SA is a member of a recognized Self-Regulatory Organization (SRO) in Switzerland under the Swiss Anti-Money Laundering Act (AMLA). We operate in full compliance with:

• AMLA and the Swiss Federal Ordinance on AML (AMLO)
• FINMA AML Ordinance (AMLO-FINMA)
• VQF Rules concerning the Combating of Money Laundering and Financing of Terrorism

3. Customer Due Diligence (KYC/AML)

To comply with AML requirements, we conduct Customer Due Diligence (CDD) for all clients:

• Identification: valid ID documents and possibly proof of address
• Beneficial Ownership declaration
• PEP Status disclosure
• Source of Funds documentation

We reserve the right to:

• Refuse transactions or terminate relationships if information is incomplete or misleading
• Conduct ongoing monitoring and enhanced due diligence

4. Wallet Verification

For external wallet transfers, clients must verify ownership using:

• Microtransaction method
• Cryptographic message signing

Transfers from third-party wallets require prior KYC/AML approval.

5. Transaction Thresholds

• Identification required for virtual assets ≥ CHF 1,000 (single/linked within 30 days)
• Enhanced due diligence for ≥ CHF 30,000, PEPs, or high-risk countries

6. Finality of Transactions

All transactions involving Virtual Assets are final, irreversible, and non-refundable. Once submitted to the blockchain, they cannot be reversed.

You are solely responsible for verifying all details. SofiArt Gallery SA is not responsible for:

• Incorrect wallet addresses
• Asset type mismatch
• Resulting permanent loss

7. Prohibited Uses

Clients must not use Services to:

• Facilitate money laundering, terrorism financing, or tax evasion
• Transact on behalf of unknown/anonymous parties
• Violate sanctions (OFAC, SECO, EU, UN)

We do not process transactions involving:

• Sanctioned persons/entities
• Shell/anonymous bank accounts
• Clients from FATF high-risk jurisdictions

8. Fees and Rates

All service fees will be disclosed prior to transaction. Exchange rates are real-time.

You are solely responsible for:

• Blockchain/network fees
• Wallet service charges
• Third-party commissions

SofiArt Gallery SA is not liable for issues arising from external providers.

A transaction receipt is issued at finalization.

9. Risk Disclosure

Virtual assets involve risks such as:

• Price volatility
• Regulatory changes
• Irreversible operations

SofiArt Gallery SA is not a bank and offers no financial advice.

You acknowledge the risks of blockchains, including delays, forks, hacks, and errors.

10. Liability and Indemnification

10.1 You use the Service at your own risk.

10.2 We do not guarantee processing time due to factors beyond our control.

10.3 We are not liable for any data inaccuracies, delays, or transmission failures.

10.4 You agree to indemnify us for your violations or misuse.

10.5 We are not responsible for third-party advisors.

10.6 We are not liable for phishing damages.

10.7 We are not liable for:

• Incorrect user data
• Outages or connectivity problems
• Third-party rights violations by you

10.8 We are not responsible for outages caused by force majeure, war, terrorism, disasters, etc.

11. Termination and Suspension

We may suspend/terminate access if:

• You provide false or incomplete information
• There is suspicion of illegal or high-risk activity
• Due diligence results indicate regulatory concerns

Pending transactions may be blocked and assets frozen as required by Swiss AML law.

12. Privacy and Data Protection

Your data is processed in accordance with FADP. See our Privacy Policy.

By using our Services, you agree to data collection for:

• Identity verification
• AML/CTF compliance
• Transaction monitoring

If you disagree, you must not use our Services.

13. Amendments

We may amend these Terms at any time. You will be notified via:

• Email, post, or in-person delivery
• Availability at service locations

Continued use implies acceptance. To reject, notify us and stop using Services.

14. Governing Law and Jurisdiction

These Terms are governed by Swiss law. Jurisdiction is in Ticino, Switzerland.

15. Dispute Resolution Procedure

15.1 Submitting a Complaint

If dissatisfied, submit a written complaint to:

• SofiArt Gallery SA – Complaint Handling
• Address: Via Antonio Caccia 10 A, Lugano, Switzerland
• Email: gallery@sofiart.ch

Include:

• Your full name and contact info
• Date and details of the transaction
• Clear description of the issue
• Relevant documents or evidence

We will acknowledge your complaint within 5 business days and aim to respond within 30 days.

15.2 Internal Review Process

Complaints are reviewed objectively. You may be asked for more info.

In case of delay, we will inform you with an explanation and timeframe.

15.3 Final Resolution and Legal Rights

If unresolved, you may seek legal action.

Disputes will be resolved by courts of the Canton of Ticino, Switzerland, under Swiss law.

16. Contact Information

• SofiArt Gallery SA
• Legal Address: Via Antonio Caccia 10 A, Lugano, Switzerland
• Email: gallery@sofiart.ch
• SRO Member: VQF, №101200
• Phone: +41797246394

SofiArt Gallery SA Terms of Business approved by Director Dmytro Kostin

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