Additional Terms and Conditions
Last updated on: 28-05-2024
Introduction
This document has been drawn up by Poolder Digital Asset Management B.V. and Stichting Bewaring Poolder (hereinafter referred to as: Poolder, ‘we’ or ‘us’). The document contains the additional terms and conditions for spread investing in one or more of Poolder’s investment institutions (Poolfolios) via (automatic) direct debit. These additional terms and conditions govern the relationship between Poolder and clients or interested parties who wish to participate in one or more Poolfolios offered by Poolder for which payment by direct debit has been made possible by Poolder. These additional terms and conditions supplement the terms and conditions of the Registration Form and the Information Memorandum of the relevant Poolfolio or Poolfolios.
Below, we explain the conditions under which clients or interested parties can pay in installments to participate in a Poolfolio.
Conditions
How do you qualify for direct debit?
- New clients during the onboarding process:
During the onboarding process, interested parties can choose to pay for issues of Participations in a Poolfolio by direct debit.
- Existing clients:
Clients who already have an account can choose direct debit for new or additional issues of Participations via the Dashboard.
- Availability:
Poolder makes the option to pay by direct debit clearly visible and available in the relevant places. This option is limited to the options offered by Poolder.
- Required ownership of Participations:
In order to pay by direct debit, an interested party or client must already hold Participations that were acquired by means other than direct debit.
- Example:
A client has already acquired Participations by making a one-off payment.
- Purchase of initial Participations:
An interested party or client must have acquired Participations by means other than direct debit before payment by direct debit can be set up.
- Example:
A client pays for their first Participations by manual transfer, which may be an initial payment in a series of payments that are subsequently made by direct debit.
How does participation by direct debit work?
- Execution via SEPA Direct Debit:
Direct debits are executed as SEPA Direct Debits via our payment partner PAY.NL.
- Granting authorization:
You grant Poolder authorization for direct debit by signing the registration form for the desired Poolfolio(s). This authorization allows us to collect funds from your bank account at the agreed frequency. You can find the details of the authorization in your Dashboard.
- Additional authorization for new Participations:
After signing the registration form, you can also indicate via the Dashboard that you wish to pay for future or additional issues of Participations by direct debit.
- Processing time:
Due to the processing speed of PAY.NL, it can take up to 29 days for a payment to reach Poolder.
- Pricing and issuance of Participations:
The timing of the receipt of the payment in the account of Stichting Bewaring Poolder determines the moment and the price at which Participations are issued.
- Investment of the money:
Once the Participations have been issued, the amount collected is invested and becomes part of the relevant Poolfolio.
Minimum amounts and minimum investment period.
- Minimum amount and period:
For each Poolfolio for which direct debit is possible, there is a mandatory minimum amount and a corresponding minimum period for direct debits. This arrangement facilitates spread investments.
- Example:
A minimum amount of €100 may be required, spread over a period of six months.
- Payment obligation:
The combined minimum amount and minimum period determine the total payment obligation for the purchase of Participations.
- Example:
For €100 per six months, the total payment obligation is €600.
- Flexibility in payments:
Within the limits of the minimum amount and the minimum period, clients can choose to pay a higher amount for a shorter period, thereby shortening the minimum deposit period.
- Example:
A monthly deposit of €200 would justify a minimum deposit period of three months, resulting in a total payment obligation of €600.
- Restriction on extending the period:
It is not permitted to extend the minimum deposit period by paying less than the required minimum amount.
- Example: With a fixed minimum of €100 for six months, it is not possible to choose to pay only €50 over a period of twelve months.
Changing and stopping direct debit.
- Changing the direct debit amount:
You can change the amount invested via direct debit, but not lower than the minimum amount set for each Poolfolio.
- Canceling direct debit:
It is possible to terminate the direct debit, provided that the total payment obligation has been met.
- End of the collection period:
If a direct debit has been set up for a specific period, it will automatically stop at the end of that period.
What are the costs associated with direct debits?
- Direct debit costs:
Due to the use of PAY.NL for the secure and efficient execution of direct debits, there are costs associated with this payment method. These costs are borne by the client and are not reimbursed by Poolder or the Poolfolio.
- Costs in case of reversal or failure:
All costs arising from the reversal of direct debits or failed direct debit attempts are also borne by the client.
What happens in the event of reversals or failed direct debits?
- Repeated direct debit attempts:
If a direct debit fails, for example due to insufficient funds, Poolder will make a second attempt within five working days.
- Consequences of a second failed direct debit:
During the minimum deposit period:
If a second direct debit fails while the client is still in the minimum deposit period, Poolfolio will redeem all of the client’s Participations and terminate the investment. The client is responsible for any costs associated with terminating the investment. These costs will be deducted from the amount to be paid out.
Outside the minimum deposit period:
In the event of a second failed direct debit outside the minimum deposit period, Poolder will stop the direct debit.
- Right to reversal:
Clients have the right to reverse the payment within 56 days of collection. Because the money deposited by direct debit is invested, Poolder expressly requests clients to first contact info@poolder.com in case of problems before proceeding with a reversal.
- Risks of reversal:
General:
The risk of reversal lies with the client. If the client reverses the payment, the Poolfolio will repurchase the client’s Participations, resulting in a reduction in the number of Participations held by the client.
During the minimum deposit period:
If a client reverses a payment during the minimum investment period, all Participations will be purchased by the Poolfolio to comply with the reversal. Any costs incurred, as described in the Information Memorandum, the Registration Form, or these Additional Terms and Conditions, will be deducted from the amount to be refunded.
Spread payments via payment link/payment request
- Payment via payment request:
Poolder may also send clients a payment request under the terms and conditions of these Additional Terms and Conditions for Direct Debit to replace the automatic periodic direct debit.
- Replacement of direct debit:
a payment made via the payment request sent by Poolder replaces the direct debit for that month.
- Applicability of terms and conditions:
the terms and conditions that apply to direct debits under these Additional Direct Debit Terms and Conditions, such as minimum amounts and the minimum deposit period, will continue to apply, even if payment by direct debit is replaced by payment by payment request.
- Costs:
the costs of making a payment via a payment request will be borne by the client making the payment.
- Term:
A payment via a payment request must be made within five working days. If this is not done, Poolder will send a reminder. If a client does not make the payment within five working days of this reminder, the procedure under the heading ‘Consequences of a second failed direct debit’ will be followed. This may mean that the client’s investment in the Poolfolio will be terminated.
Other
- Termination of direct debit:
Poolder reserves the right to stop direct debits if continuing them poses too great a risk to Poolder or our funds.
- Validity of terms and conditions:
If one or more provisions of these Additional Terms and Conditions for Direct Debit are declared null and void or invalid, this will not affect the validity of the remaining provisions.
- Amendment of terms and conditions:
Poolder may amend these terms and conditions. Any amendments will be communicated to interested parties via the Dashboard and the amended terms and conditions will also be published on the Poolder website.
- Unforeseen circumstances:
In cases not covered by these terms and conditions, a decision will be made by Poolder.
- Applicable law and competent court:
These terms and conditions are governed by Dutch law. Any disputes relating to these terms and conditions will be submitted to the competent Dutch court.