Terms and Conditions

Scope of authority

§ 1. APLUS Kredit- und Finanzierungsgesellschaft mbH, Vienna, FN 436229 p, issues cash loans secured by movable tangible assets in accordance with the provisions of the Trade Regulations Act, as amended, and these Internal Regulations.

Protection of Trade Secrets. Identification

§ 2 (1) APLUS Kredit- und Finanzierungsgesellschaft mbH shall protect the interests of a pledgor. The company employees shall keep strictest secrecy with regard to a pledgor’s personality and the data disclosed by the latter. This shall not apply to cases where APLUS Kredit- und Finanzierungsgesellschaft mbH is obliged to disclose information by virtue of law. (2) A pledgor shall be required to provide identification information if there are reasonable doubts as to the legality of possession or the right of disposal with respect to the items he/she intends to pawn. In case of suspicions of a possible criminal act, the security authorities shall be notified of such immediately.

Pawn Transaction with Minors/Opening Hours

§ 3. (1) Pawn assets may not be taken in from persons under 18 years of age even if they act only as couriers. (2) The opening hours for issuing pawned loans shall be displayed on notice boards in the company’s business offices.

Surrender of Pawn Assets Acquired in Good Faith

§ 4. (1) If assets and property have been pawned without the knowledge and will of the owner and have been taken in by APLUS Kredit- und Finanzierungsgesellschaft mbH in good faith, the latter shall be obliged to surrender such assets and property only within the scope of law. (2) In the event of surrender of illegally pawned assets or property, APLUS Kredit- und Finanzierungsgesellschaft mbH may waive the compensation, partially or fully, in cases that deserve special consideration.

Acceptance and Rejection of Pawns

§ 5. (1) Movable property of any kind, except for items specified in § 6, may be accepted as pawn assets. (2) APLUS Kredit- und Finanzierungsgesellschaft mbH may reject any pawn loan application without stating the reasons.

Items and Property Excluded from the List of Pawn Assets

§ 6. The following items and property cannot be taken in as collateral for a secured loan: a) items and property that cannot be pledged as collateral by law. These include in particular:

  1. military weapons and prohibited weapons;
  2. pledge documents, mortgage receipts;
  3. particles of the Cross and relics, but not the boxes in which they are kept;
  4. orders and other decorations subject to restitution, unless proof of ownership is provided;

b) Items and property which, according to the circumstances of the case, give rise to the suspicion that they have been stolen, embezzled or smuggled, as well as all items officially announced as stolen. c) Items and property sold or temporarily lent with retention of title and marked accordingly in an agreement made with APLUS Kredit- und Finanzierungsgesellschaft mbH, unless the owner’s consent is proven; d) Items and property the pawning of which is not possible due to sanitary or other reasons, among such being, for example, explosive, corrosive, highly flammable, infectious or radioactive substances, gases, poisons, etc.

Loan Assessment

§ 7. (1) The value of a pawn asset shall be assessed by APLUS Kredit- und Finanzierungsgesellschaft mbH’s experts. In view of a possible forfeiture with a subsequent sale of a pawn asset, including all related fees and costs payable per the Table of Rates, the loan amount can only be equal half of the appraised value of the pawn asset or, if a market or stock exchange price is available, half of the market or stock exchange price. In individual cases, a higher loan amount may also be agreed upon between APLUS Kredit- und Finanzierungsgesellschaft mbH and a pledgor. (2) A pledgor shall be free to borrow an amount less than the appraised value of the pawn asset. (3) The loan term is negotiable in advance but it shall become binding upon receipt of the loan. (4) APLUS Kredit- und Finanzierungsgesellschaft mbH is not obliged to issue pawn loans, however, if they are issued and no other term is agreed upon with the pledger, then the loan is considered to be issued for a period of three months.

Lending by Way of Correspondence

§ 8. Loans can also be issued by correspondence when the pawn asset is sent in. Please note the risks of damage and/or loss during shipment. In this respect, the corresponding law provisions shall apply.

Pawn Record Ledger

§ 9. (1) Every loan issued shall be recorded in the pawn record ledger. (2) The pawn record ledger must contain the following information for each transaction:

  • pawn date
  • consecutive pawn number;
  • in the case of a re-pawn, the previous pawn number;
  • a description of the asset pawned;
  • the amount loaned;
  • the amount of any overpayments or loan redemptions;
  • the insurance value;
  • the storage date;
  • the date of redemption, re-pawn or disposition at auction;
  • the name and address of the pledger and the pledgee;
  • the value of the article pawned;
  • the maturity date of the pawn;
  • the amortization (depreciation or redemption) of the pawn ticket;
  • the forfeiture of the pawn ticket and issuance of a reservation certificate;
  • the amounts collected at the time of redemption and/or re-pawn, specifically the principal amount, interest and ancillary charges, the signature of the authority entrusted with the takeover;
  • the amount of the interest rate;
  • the reference to the fees and costs payable per the Table of Rates;
  • the assignment and authorization by the appraiser and/or the entrusted with pawn takeover and issuing the pawn ticket authority;
  • a reference to jurisdiction.

(3) The pawn record ledger may also be kept in electronic form (with precise information on location, frequency and default security) or in the form of consecutively numbered and subsequently bound loose sheets, or in card form. The hardware and software used to maintain automation-supported pawn record ledger must ensure that printouts can be made from the stored data at any time. (4) If the pawn record ledgers are kept electronically, this data shall be backed up daily and stored securely on a digital medium. (5) Entries in the pawn record ledger must be legible and continuous. The pawn record ledger must be kept in a safe place. (6) A separate pawn record ledger shall be kept for jewels, gold, silverware and securities. (7) The pawn record ledger shall be kept for at least seven years from the end of the calendar year of the last entry. In the event of termination of the business license, the pawn record ledger shall be delivered to the local administrative authority.

Pawn Ticket

§ 10. For each pawn, a pawn ticket shall be issued to the pledgor. The data on the pawn ticket must correspond to the entry in the pawn record ledger. In any case the pawn ticket must contain:

  1. The pledgee’s company name and address;
  2. the current pawn number; and in case of a re-pawn, the previous pawn number;
  3. the loan and the redemption dates (maturity);
  4. a description of the pawned item;
  5. in the case of gold and silver items, also the weight and fineness in accordance with the official test mark on the items;
  6. the loan amount;
  7. the insurance value;
  8. a reference to these Internal Regulations, in particular also to the regulations on the disposition of forfeited pawns and to the regulations on the determination of the amount of the fees and costs pursuant to the Table of Rates; furthermore, these Internal Regulations shall be deemed to be agreed upon once the pledgor has accepted the pawn ticket;
  9. a reference to the prohibition of commercial purchase and borrowing against pawn tickets;
  10. the value of the pawned item;
  11. name and place of residence of the pledgor (pledgee);
  12. the place of jurisdiction;
  13. an indication of the effective interest rate (half-monthly, monthly and per year) as well as all fees and costs applicable to a given transaction;
  14. a reference to § 155 of the 1994 Trade Regulations Act;
  15. a reference to the display of the Internal Regulations in a conspicuous, easily accessible part of the business office, as well as to the delivery of a copy of these Internal Regulations.

§ 11. By accepting and taking over the pawn ticket, the pledgor expressly agrees to all provisions of these Internal Regulations, a copy of which shall be handed over to the pledgor. A Pawn Agreement is thereby concluded. § 12. The exercise of all rights arising from the Pawn Agreement, such as redemption, re-pawn (prolongation), recovery of a possible post-sale surplus, shall be subject to the production of the pawn ticket or the reservation certificate (§ 30). The bearer of a pawn ticket or a reservation certificate shall be deemed to be authorized to dispose of the pawn, but APLUS Kredit- und Finanzierungsgesellschaft mbH may demand proof of such authorization to dispose of the pawn.

Redemption

§ 13. The pawn shall be redeemed upon repayment of the loan amount together with interest and fees and costs determined in each case per the Table of Rates.

Table of Rates

§ 14. Type and amount of fees and rates as well as the regulations on their collection shall be set forth in the Table of Rates and shall be displayed to customers on notice boards in the business offices of APLUS Kredit- und Finanzierungsgesellschaft mbH. The Table of Rates shall form an integral part of these Internal Regulations. In the event that the Table of Rates is amended with the approval of the trade authority, the amended fees shall only apply to those business transactions which were concluded after the amendment came into force.

Takeover of Redeemed Pawns

§ 15. (1) Pawns which have been redeemed shall be immediately taken over and removed; otherwise they shall be stored at the pledgor’s expense (see Table of Rates) and risk. (2) Redeemed pawns which were not taken over and removed within one year may be sold at the pledgor’s expense. § 16. (2) Redeemed pawns must be checked for completeness and being free from defects immediately upon acceptance.

Redemption by Correspondence

§ 17. Pawns can also be redeemed by correspondence by sending in the pawn ticket and the loan amount including interest and all fees and costs per the Table of Rates. Please consider the risks of damage and/or loss during shipment. In this respect, the corresponding law provisions shall apply.

Re-Pawn (Prolongation)

§ 18. (1) The term of pawn may be extended at the request of a pledgor against redemption of an old pawn ticket and issuance of a new pawn ticket and against payment of the required fees in per the Table of Rates (re-pawn, prolongation). (2) A re-pawn may be refused by APLUS Kredit- und Finanzierungsgesellschaft mbH without stating the reasons or may be made conditional upon a part of the loan being paid off. During a judicial procedure of invalidation or during a reservation certificate issuance procedure the refusal of re-pawn is not allowed. § 19. (1) The pledgor can redeem the loan in case of a re-pawn. (2) In case of re-pawn, APLUS Kredit- und Finanzierungsgesellschaft mbH may, upon request of the pledgor, lend an additional amount exceeding the original loan. If the pawn is divisible, parts may be redeemed against payment of the portion of loan and fees corresponding to the respective part.

Re-Pawning by Correspondence

§ 20. Assets can also be re-pawned by correspondence by sending in the pawn tickets and the corresponding fees per the Table of Rates. Please consider the risks of damage and/or loss during shipment. In this respect, the corresponding law provisions shall apply.

Forfeiture and Disposition of Pawns

§ 21. (1) Pawn assets that were not redeemed or re-pawned by the expiration date indicated on the pawn ticket shall be forfeited and shall be disposed of after the expiration of a reasonable grace period but no sooner than within six weeks. (2) Such disposition shall be effected — except for the cases where pawn assets have a stock exchange or market price (see § 21 para 3 of these Internal Regulations) — first in a public auction held by a duly authorized entrepreneur. If a pawn asset receives no bid at the auction, it may also be sold in an open market at least at a price determined in accordance with § 23 of these Internal Regulations. If there is a third party who has the right to the pawn and whose right is forfeited by an open market sale, the open market sale shall require that the consent of such third party is obtained (see § 466c para. 5 ABGB). (3) Notwithstanding § 21 para 2 of these Internal Regulations, pawn assets with a stock exchange or market price shall be realized by a direct sale at the current price. (4) The whereabouts of the pawn assets that are subject to disposition as well as the disposition results shall be available for inspection at any time in the pawn record ledgers. § 22. The numbers of the pawn tickets for the forfeited pawn assets that are subject to disposition shall be announced every month by displaying in a conspicuous, easily accessible part of the business office so as to be eligible to customers of APLUS Kredit- und Finanzierungsgesellschaft mbH and in the Official Gazette of the Wiener Zeitung. The notice in the business office as well as the announcement in the official gazette «Amtsblatt zur Wiener Zeitung» shall be made on the 1st working day of a month. The announcement by displaying in the business office shall be made continuously until the disposition date. The disposition shall take place at least 6 weeks after displaying in the business office and announcement in the official gazette «Amtsblatt zur Wiener Zeitung». The pledgor and third parties who have the rights to the pawn assets shall be notified thereof, stating the time and place of the disposition. § 23. The forfeited pawn assets — except for the cases where pawn assets have a stock exchange or market price — shall be subjected to a valuation by a competent expert prior to their disposition; in this context, the disposition value of these pawn assets at that time of forfeiture shall be determined per objective criteria. This disposition value shall represent the call price in the case where pawns are to be sold in a public auction and the selling price — in the case where pawns are to be realized in an open market. Pawns consisting of several parts may be disposed of in parts.

Redemption and Re-Pawn of Forfeited Pawn Assets

§ 24. (1) Forfeited pawn assets may be redeemed or re-pawned no later than the last business day prior to disposition during the posted business hours. (2) On the day of disposition, redemption or re-pawn may be approved by the management of the disposition firm only in cases that deserve special consideration.

Disposition Terms. Suspension

§ 25. The pledgor shall not be entitled to have his/her forfeited pawn disposed of at a certain place or on a certain day. Upon his request, however, the disposition may be suspended in exceptional cases for as long as APLUS Kredit- und Finanzierungsgesellschaft mbH agrees.

Disposition of Forfeited Pawn Assets

§ 26. (1) An auction to sell forfeited pawns shall be conducted in accordance with these Internal Regulations (Section 21). (2) Items having a stock exchange or market price shall be disposed of in accordance with § 21 par. 3 of these Internal Regulations. (3) In case of an auction and/or other form of disposition, the fees will be set for the pledgor in accordance with the Table of Rates and separately for the purchaser and acquirer.

Pawn Surpluses

§ 27. In the event of disposition of a forfeited pawn, the pledgor shall be entitled to get the surplus remaining after deduction of the pawn loan amount together with interest and all fees and costs in per the Table of Rates. § 28. The pledgor is obliged to take over the remaining surplus after the sale of the forfeited pawn within the limitation period established by law.

Compensation. Insurance

§ 28. (1) For loss of or damage to the pawned item, APLUS Kredit- und Finanzierungsgesellschaft mbH shall be liable to the pledgor pursuant to the Austrian Civil Code (ABGB) and the following provisions. If the pledgor is an entrepreneur, the liability of APLUS Kredit- und Finanzierungsgesellschaft mbH — except for personal injuries — shall be limited to gross negligence and intent. If the pledgor is a consumer in the sense of the Consumer Protection Act, the liability — except for personal injury — shall be excluded only for an act of slight negligence. (2) The liability shall commence with the pawn being taken in and end with the pawn being redeemed; in the case of a forfeited pawn auction — with the last blow of the hammer by an auctioneer in favor of the purchaser, in the case of other forms of disposition — with the fact of sale. (3) APLUS Kredit- und Finanzierungsgesellschaft mbH insures the pawn assets against fire, burglary, theft and damage in transit. § 29. The insurance value amounts to twice the loan amount, unless case-by-case a different agreement is made between the pledgor and APLUS Kredit- und Finanzierungsgesellschaft mbH. If APLUS Kredit- und Finanzierungsgesellschaft mbH receives compensation payments due to these insurances, these will be used to compensate the pledgors concerned on a pro rata basis, even if APLUS Kredit- und Finanzierungsgesellschaft mbH should not be liable for such damages under the provisions of these Internal Regulations.

Loss of Pawn Ticket, Reservation Certificate Procedure

§ 30 (1) If a pawn ticket is lost, the pledgor shall immediately notify APLUS Kredit- und Finanzierungsgesellschaft mbH and, at the latter’s request, also the security authority of the loss, either orally or in writing. The bearer of the lost ticket must state the details of the lost pawn ticket and provide a detailed description of the pawned asset. If the description corresponds to the pawned asset and if the details of the pawn ticket correspond to the records of APLUS Kredit- und Finanzierungsgesellschaft mbH, the loss of the pawn ticket will be recognized after a confirmation of the official notification of the loss has been provided; and a reservation certificate will be issued. On the basis of this notice, the pawn asset can be re-pawned. (2) If the original pawn ticket does not appear within one year from the day of the notification of loss, the pawn shall be returned against a reservation certificate and payment of the loan together with interest and all fees and costs per the Table of Rates, unless it was forfeited as a result of failure to observe the re-pawn term and the pawn was sold. If the pawn has already expired and has been sold, the surplus, if any, shall be handed over to the pledgor. (3) If the original pawn ticket appears before the expiry of one year from the day of the notification of the loss, the return of the reservation certificate with the simultaneous submission of the original pawn ticket shall be deemed to revoke the notification of the loss and the pawn shall be returned against the return of the original pawn ticket and payment of the loan together with interest and all fees and costs per the Table of Rates, unless it was forfeited as a result of failure to observe the re-pawn term and the pawn was sold. If the pawn has already expired and has been sold, the surplus, if any, shall be handed over to the pledgor. § 31. Upon expiry of 14 days from the redemption date, the owner of the reservation certificate can demand the premature redemption of the pawn against the return of the reservation certificate if, in addition to the redemption amount, he/she pays a cash deposit in the amount of the estimated value as collateral for any claims of the owner of the pawn ticket. This deposit shall be returned with interest if the original pawn ticket does not appear within the period of one year from the date of issue of the reservation certificate. The original pawn ticket shall be declared invalid within one year after its expiry date.

Re-Pledging Prohibited

§ 32. APLUS Kredit- und Finanzierungsgesellschaft mbH is not entitled to further pledge the items or property previously pawned to it.

Re-Pawn in Case of Invalidation of the Pawn

§ 33. If a pledgor who did not meet the requirements for the issuance of a reservation certificate has legally proved the lost pawn ticket to be invalid, the pledgee shall be obliged, upon request of the pledger in time, to re-accept the pawn in accordance with § 18.

Redemption of the Pawn Ticket

§ 34. If an issued reservation certificate is lost, the redemption of the pawn ticket and the reservation certificate which has been lost can only be obtained through a judicial procedure. As soon as the pawnshop has been notified by the court of the initiation of the redemption proceedings, the claimant must prevent the forfeiture of the pawn and its sale by a re-pawn. If he fails to do so, he shall only be entitled to the additional proceeds (surplus), if any, from the sale of the pawn after a legally effective redemption of the pawn ticket and the reservation certificate.

Official Announcement

§ 35. A copy of these Internal Regulations, a table listing the frequently borrowed loan amounts for a term from one to six months, broken down by half months and indicating total interest rates due, and a poster-like statement of interest rate amount on the loan and the ancillary fees, and a notice of the ratio of the normal appraised value to the loan, shall be displayed in a conspicuous, easily accessible part of the office to the notice of the customers.

Cessation and Suspension of Operations

§ 36. APLUS Kredit- und Finanzierungsgesellschaft mbH shall be obliged to notify the authorities six weeks in advance of any cessation or suspension of its business activities for a period of more than two months and to inform the pledgors of such cessation or suspension by means of a notice posted in its business offices and an announcement in the Wiener Zeitung. In addition, the pledgees must be notified of the suspension or cessation of business by registered letter six months in advance. Pawns shall no longer be accepted and/or extended within the last four months prior to the closure. Pawned items and property will be delivered up to 3 months after the cessation or suspension of the business. It is not allowed to conclude pawn agreements after the beginning of suspension or after the date of suspension of the business activity. § 37. Applicable Jurisdiction Is Vienna. § 38. For consumers within the meaning of the Consumer Protection Act, the statutory place of jurisdiction shall apply (specifically, § 14 of the Consumer Protection Act). In addition, the exclusive jurisdiction of the competent court for commercial matters in Vienna is hereby confirmed.

Table of Rates

A) Storage of Valuables

Storage fee:

  1. for valuables per item with a volume of — 0 m³ up to (and including) 0.5 m³ € 5.90 per month
  2. for valuables per item with a volume of — more than 0.5 m³ up to (and including) 0.8 m³ € 7.90 per month
  3. for valuables per item with a volume — more than 0.8 m³ € 9,90 per month.

All fees include VAT. The storage fee is collected in arrears and charged on a daily basis until the pawn item is redeemed, re-pawned (prolonged) or sold.

B) Pawn Handling Rates

The following fees are charged when extending loans against items or property and/or re-pawning of forfeited pawns:

  1. Pawn execution fee: for a loan up to € 100,- € 1,90 for a loan from € 100,- to € 200,- € 2,90 for a loan from € 200,- to € 300,- € 4,90 for a loan from € 300,- to € 500,- € 5,90 for a loan from € 500,- to € 1000,- € 8,90 for a loan from € 1000,- per started € 1000,- € 9,90
  2. Upon redemption, re-pawn (prolongation) or sale the following fees are charged: Pawn loan usage: 1.5% per half month 3.00% per month 18.00% per half year 36.00% per year Interest is charged in arrears and calculated on a daily basis until the pawn is redeemed, re-pawned or sold. The re-pawn (prolongation) of a pawn loan is deemed as if it was a new loan with regard to the assessment of interest and fees.
  3. Storage fee for the pawns that have been redeemed but have not been removed: for valuables per piece with a volume of — 0 m³ up to (including) 0,5 m³ € 5,90 per month for valuables per piece with a volume — more than 0,5 m³ up to (including) 0,8 m³ € 7,90 per month for valuables per piece with a volume of — more than 0,8 m³ € 9,90 The storage fee is collected in arrears and charged by the day.
  4. Fee for handling loss notifications and deferred sale documents: € 5,00 per pawn ticket
  5. Auction fee for forfeited pawns: 15% off the highest bid
  6. Fee for direct sale of forfeited pawns: 15% off the disposition value.

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