Terms and Conditions

Terms and Conditions

1. Preliminary remarks

Giroxx GmbH is based in Frankfurt-on-Main.

It provides payment services by making remittances in currencies other than the Euro (foreign payment transactions), with the associated currency exchange arranged as an auxiliary service (financial transfer transaction in accordance with § 1 Para. 2 No. 6 the German Payment Services Supervision Act (ZAG)). Giroxx GmbH is approved and supervised as a payment institute by Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin - Federal Financial Supervisoty Authority).

Its business relationships are characterised by the particularities of the financial services business and by a special relationship of trust. Giroxx GmbH is accordingly obliged to maintain silence concerning all matters relating to its customers. Giroxx GmbH cannot pass on information about customers unless it is required to do so by law or if the customer has agreed to this.

Giroxx GmbH provides all of its services with the care expected from a prudent businessman.

Agreement with these Terms and Conditions forms the basis for using the services provided by Giroxx GmbH. Acceptance of these Terms and Conditions is a prerequisite for registration and for issuing an order.

Orders are processed without opening a payment account in the name of the payer (customer). The payer remits the sum in Euro notified to it when the order was issued - thereby stating a reference number unique to this order - to an open escrow account of Giroxx GmbH. Giroxx GmbH solely uses "regulated" financial services institutes to process payments and to exchange currencies. The reference number allows each sum to be assigned to a certain client.

Giroxx GmbH is obliged by law to check the identity and legitimation of new customers. Such checks must be repeated for existing customers at regular intervals. Giroxx GmbH commissions so-called "reliable third parties" as defined by § 7 of the German Money Laundering Act to check the identity and legitimation of the payee and to perform any other checks required by law. Such third parties – and also Giroxx GmbH – are subject to stringent data protection directives.

Giroxx GmbH provides its services on the basis of these General Terms of Trade and on the basis of the terms and conditions of the institutes engaged to execute the order.

1.1 Receipt of a remittance order by Giroxx GmbH

A remittance order becomes effective when it is received by Giroxx GmbH using the notified log-in data (authorised order) and when the sum in Euro required for conversion is credited to Giroxx GmbH's escrow account. Orders are received by the receiving facilities of Giroxx GmbH provided for the purpose.

If the point in time that the remittance order is received in accordance with Para. 1 Clause 2 is not a work day for Giroxx GmbH as detailed in the "List of Prices and Services" (Appendix 2), the remittance order is regarded as not having been received until the subsequent work day.

If a remittance order is received after the time of acceptance stated on Giroxx GmbH's receiving facility or in the "List of Prices and Services", the remittance order is regarded as having been received on the subsequent work day for the purpose of determining the execution deadline (see Section 2.2).

1.2 Trustee agreement

The customer is trustor and Giroxx GmbH is trustee with regard to sums remitted to Giroxx GmbH's escrow account. Giroxx GmbH shall conclude appropriate agreements with the financial institution which keeps the escrow account to ensure that these sums of money are not mixed together at any point in time with the sums of money kept in trust for other natural persons or legal entities as users of the payment service. They are thus kept separate from the other assets of the financial institution and of Giroxx GmbH so that if the financial institution or Giroxx GmbH becomes insolvent, these sums are not included in the insolvency estate and creditors have no access to them, not even by means of an individual enforcement.

1.3 Revocation of a remittance order

The customer can no longer revoke a remittance order once Giroxx GmbH has received the order along with the sum in Euro required for conversion. An order can be revoked up to this point in time by making an appropriate declaration to Giroxx GmbH.

A remittance order cannot be revoked after the point in time stated in Paragraph 1 unless this is agreed between the customer and Giroxx GmbH. The agreement becomes effective if Giroxx GmbH is able to prevent the order from being executed or can retrieve the remittance sum. Giroxx GmbH charges the fee stated in the "List of Prices and Services" for processing such a customer revocation.

1.4 Execution of a remittance order

Giroxx GmbH and the other payment service providers involved in executing a remittance are entitled to execute the remittance solely using the payee's data stated by the customer.

Giroxx GmbH shall issue a settlement notice to the customer for each remittance that is executed via the path agreed for notifying account information.

1.5 Refusal to execute an order

Giroxx GmbH can refuse to execute an order without needing to give reasons. Even if the conditions of execution are fulfilled, Giroxx GmbH can still refuse to execute a remittance order. In such a case, Giroxx GmbH will notify the customer of its rejection without delay, although always within the deadline agreed in Sections 2.2.1 and 3.2.

1.6 Transmittal of the remittance data

When executing a remittance, Giroxx GmbH transmits the data concerning the remittance directly to the payee's payment services provider or notifies this to intermediary offices. The payee's payment services provider can notify the remittance data (which also includes the payer's account number or International Bank Account Number (IBAN)) to the payee in full or in part.

In case of cross-border remittances and urgent remittances inside Germany, remittance data can be forwarded via the "Society for World Wide Interbank Financial Telecommunication" (SWIFT - a messaging system based in Belgium) to the payee's payment services provider. For reasons of system security, SWIFT stores the remittance data primarily at its computer centres in the European Union, in Switzerland and in the USA.

1.7 Notification of non-authorised or falsely executed remittances

Giroxx GmbH shall notify the customer without delay if it discovers a non-authorised or falsely executed remittance order.

1.8 Currency exchange

Currencies are exchanged on the basis of the exchange rate offered by the cooperating financial services provider at the date of exchange.

Giroxx GmbH can guarantee the current exchange rate displayed when issuing the payment order in the currencies USD, GBP, CHF, HKD, THB and ZAR. We stick to this exchange rate for 4 business days. If the corresponding EUR equivalent value has not entered into our trust account within this period, the corresponding order will be canceled. In this case, Giroxx GmbH reserves the right to charge the arisen costs to the customer.

1.9 Fees

The fees charged for remittance transactions are regulated in the "List of Prices and Services", which is a component of these Terms and Conditions.

1.10 Duties of reporting under foreign trade legislation

The customer must observe the reporting duties under foreign trade legislation. If the execution of a payment requires country-specific documentation to be provided, the customer shall provide this to Giroxx GmbH.

2. Remittances inside Germany and in other states of the European Economic Area (EEA, Appendix 1) in EEA currencies (Appendix 1 Para. 2)

2.1 Details required

The customer must state the following details in the remittance order:

  • Name of the payee
  • The payee's International Bank Account Number (IBAN) and the Bank Identification Code (BIC) of the payee's payment services provider; if the BIC is not known, the full name and address of the payee's payment services provider should be stated
  • Currency,
  • Amount,
  • The customer's name and address,
  • The customer's account number or IBAN,
  • Payment reference,
  • Fee instruction

2.2 Maximum deadlines for execution

2.2.1 Length of the deadline

Giroxx GmbH is obliged to ensure that the sum is remitted at the latest within the execution deadline stated in the "List of Prices and Services".

2.2.2 Start of the execution deadline

  1. The execution deadline starts to run from the point in time at which the amount in Euro notified to the customer when the order was issued is credited to Giroxx GmbH's escrow account.
  2. If Giroxx GmbH and the customer agree that the remittance is to be executed on a certain date or at the end of a certain period of time, the date stated in the order or agreed by some other means is decisive for the start of the execution deadline. If the agreed date does not fall on a work day, the execution deadline starts to run on the subsequent work day. The work days of Giroxx GmbH are stated in the "List of Prices and Services".

2.3 The customer's claims to refunds and damages

2.3.1 Refund for a non-authorised remittance

In case of a non-authorised remittance, Giroxx GmbH has no claim against the customer to reimbursement of its expenditure. It is obliged to repay the remittance sum to the customer without delay.

2.3.2 Refund for a failed or falsely executed authorised remittance

  1. In case of a failed or falsely executed authorised remittance, the customer can demand that Giroxx GmbH repays the remittance sum without delay and without deductions, insofar as the payment has not been made or was made erroneously. If Giroxx GmbH or intermediary offices have deducted fees from the remittance sum, Giroxx GmbH shall refund the deducted sum to the customer without delay.
  2. The customer can demand that Giroxx GmbH reimburses the fees and interest in addition to those stated in Paragraph 1, insofar as these were charged to the customer in the context of the failed or falsely executed remittance.
  3. If false execution is attributable to the fact that the payment was not remitted to the payee's payment services provider until after the execution deadline as per Section 2.2.1 had expired (delay of execution), the claims under Paragraphs 1 and 2 are excluded. If the customer incurs a loss due to the delay of execution, Giroxx GmbH is liable as described under Section 2.3.3, or in the case of customers who are not consumers, as described under Section 2.3.4.
  4. If a remittance was not executed or was falsely executed, Giroxx GmbH shall trace the payment procedure at the customer's request and report its findings to the customer.

2.3.3 Damages for consumers

  1. In case of a failed or falsely executed authorised remittance or in case of a non-authorised remittance, the customer can demand that Giroxx GmbH reimburses losses which are not covered by those stated in Sections 2.3.1 and 2.3.2. This does not apply if Giroxx GmbH is not responsible for the infringement of duty. In this context, Giroxx GmbH is responsible for culpability on the part of an intermediary office as if this were its own culpability, unless the main cause was the fault of an intermediary office stipulated by the customer. If the customer has contributed towards the incurrence of a loss due to culpable behaviour, the scope in which Giroxx GmbH and the customer have to bear the loss is determined by the principles of contributory negligence.
  2. Liability in accordance with Paragraph 1 is limited to EUR 12,500. The limit of liability does not apply
    • to non-authorised remittances,
    • if Giroxx GmbH is culpable of malice aforethought or gross negligence,
    • to risks which Giroxx GmbH has specifically taken on
    • to interest losses

2.3.4 Damages for customers who are not consumers in case of a failed authorised remittance, a falsely executed authorised remittance or a non-authorised remittance

In deviation to the claims for reimbursement under Section 2.3.2 and the claims to damages under Section 2.3.3, apart from any claims for surrender under § 667 BGB and §§ 812 ff. BGB, customers who are not consumers solely accrue claims to damages in accordance with the following regulations in case of a failed or falsely executed authorised remittance or a non-authorised remittance:

  • Giroxx GmbH is liable for its own culpability. If the customer has contributed towards the incurrence of a loss by culpable behaviour, the scope in which Giroxx GmbH and the customer have to bear the loss is determined by the principles of contributory negligence.
  • Giroxx GmbH is not liable for culpability on the part of intermediary offices used by Giroxx GmbH. In such cases, the liability of Giroxx GmbH is limited to the careful selection and instruction of the first intermediary office (forwarded order).
  • The amount of the customer's claim to damages is limited to the remittance sum, plus the fees and interest charged by Giroxx GmbH. If this concerns the pursuit of consequential damages, the claim is limited to a maximum of EUR 12,500 per remittance. This limitation of liability does not apply to malice aforethought or gross negligence on the part of Giroxx GmbH or to risks which Giroxx GmbH has specifically assumed.

2.3.5 Exclusion of liability and objections

  1. Liability on the part of Giroxx GmbH under Sections 2.3.2 to 2.3.4 is excluded in the following cases:
    • Giroxx GmbH can demonstrate to the customer that the remittance sum was remitted to the payee's payment services provider on time and in the agreed amount
    • the remittance was executed in accordance with the payee's details which were falsely notified by the customer. In such a case, however, the customer can then demand that Giroxx GmbH makes every reasonable effort to retrieve the sum remitted. Giroxx GmbH shall charge the fee detailed in the "List of Prices and Services" for such efforts
  2. The customer's claims under Sections 2.3.1 to 2.3.4 and objections lodged by the customer against Giroxx GmbH due to a failed or falsely executed remittance or due to a non-authorised remittance are excluded if the customer fails to notify Giroxx GmbH of the matter in writing at the latest 6 months from the date of execution of a non-authorised or falsely executed remittance. The deadline only starts to run when Giroxx GmbH has informed the customer that the remittance has been executed by the means agreed for exchanging information at the latest within one month of execution; otherwise the deadline starts to run on the date of notification.
  3. Claims on the part of the customer are excluded if the circumstances underlying a claim
    • are attributable to an unusual, unforeseeable event over which Giroxx GmbH has no control and the consequences of which could not have been averted, despite taking the necessary precautions
    • were caused by Giroxx GmbH due to a legal obligation.

3. Remittances inside Germany and to other countries of the European Economic Area (EEA, Appendix 1) in the currency of a state outside the EEA (third country currency) and remittances to countries outside the EEA (third countries)

3.1 Details required

The customer must state the following details for execution of the remittance:

  • Name of the payee,
  • The payee's International Bank Account Number (IBAN) or bank account number,
  • Bank Identification Code (BIC); if the BIC is not known, the full name and address of the payee's payment services provider should be stated for remittances,
  • Destination country,
  • Currency,
  • Amount,
  • The customer's name and address,
  • The customer's account number or IBAN,
  • Payment reference,
  • Fee instruction

3.2 Execution deadline

Remittances will be executed as quickly as possible.

3.3 The customer's claims to refunds and damages

3.3.1 Liability on the part of Giroxx GmbH for a non-authorised remittance

  1. In case of a non-authorised remittance, Giroxx GmbH has no claim against the customer to a refund of its expenditure. It is obliged to repay the remittance sum to the customer without delay.
  2. If other losses result from a non-authorised remittance, Giroxx GmbH is liable for its own culpability. If the customer has contributed towards the incurrence of a loss by culpable behaviour, the scope in which Giroxx GmbH and the customer have to bear the loss is determined by the principles of contributory negligence.

3.3.2 Liability for a failed or falsely executed remittance

Apart from any claims for surrender under § 667 BGB and §§ 812 ff. BGB, the customer accrues claims to damages in accordance with the following regulations in case of a failed or falsely executed authorised remittance:

  • Giroxx GmbH is liable for its own culpability. If the customer has contributed towards the incurrence of a loss by culpable behaviour, the scope in which Giroxx GmbH and the customer have to bear the loss is determined by the principles of contributory negligence.
  • Giroxx GmbH is not liable for culpability on the part of intermediary offices used by Giroxx GmbH. In such cases, the liability of Giroxx GmbH is limited to the careful selection and instruction of the first intermediary office (forwarded order).
  • The liability of Giroxx GmbH is limited to a maximum of EUR 12,500 per remittance. This limitation of liability does not apply to malice aforethought or gross negligence on the part of Giroxx GmbH or to risks which Giroxx GmbH has specifically assumed.

3.3.3 Exclusion of liability and objections

  1. The customer accrues no claims due to a falsely executed remittance as per Section 3.3.2 in the following cases:
    • the remittance was executed in accordance with the payee's details which were falsely notified by the customer
    • Giroxx GmbH can demonstrate to the customer that the remittance sum was properly received by the payee's payment services provider
  2. The customer's claims under Sections 3.3.1 and 3.3.2 and objections lodged by the customer against Giroxx GmbH due to failed or falsely executed remittances or due to non-authorised remittances are excluded if the customer fails to notify Giroxx GmbH of the matter in writing at the latest 6 months from the date of execution of a non-authorised or falsely executed remittance. The deadline only starts to run when Giroxx GmbH has informed the customer that the remittance has been executed by the means agreed for exchanging information at the latest within one month of execution; otherwise the deadline starts to run on the date of notification.
  3. Claims on the part of the customer are excluded if the circumstances underlying a claim
    • are attributable to an unusual, unforeseeable event over which Giroxx GmbH has no control and the consequences of which could not have been averted, despite taking the necessary precautions
    • were caused by Giroxx GmbH due to a legal obligation

4. The customer's obligations of cooperation

In order to enable transactions to be properly processed, the customer must notify Giroxx GmbH of any changes of name/company name/legal form or of address or changes made to the authority of representation without delay. This duty of notification also applies if the authority of representation is entered in a public register (for example, in a Register of Companies) and this is deleted from or changed in the said register. In addition, further-going legal duties of notification may exist, in particular under the German Money Laundering Act.

The customer must notify Giroxx GmbH without delay in writing if personalised security or authorisation credentials to register or to execute transactions are lost or stolen. The same applies if misuse is discovered or suspected.

If Giroxx GmbH or third parties have queries concerning payments to be processed, the customer must provide any documents demanded by Giroxx GmbH without delay.

5. Concluding provisions

5.1 Opportunity to lodge objections

Apart from taking action before a regular court of law, the customer is also able to complain of violations committed by Giroxx GmbH against the German Payment Services Supervision Act (ZAG), §§ 675c – 676c of the German Civil Code (BGB) or against Article 248 of the Introductory Act to the German Civil Code (EGBGB) to the Bundesanstalt für Finanzdienstleistungsaufsicht, Graurheindorfer Str. 108, 53117 Bonn, and Lurgiallee 12, 60439 Frankfurt-on-Main at any time in writing or report such for recording at those addresses.

5.2 Applicable law

German law shall prevail over the business relationship, unless this is contradicted by overriding legal regulations.

5.3 Place of fulfilment

The place of fulfilment for Giroxx GmbH and for the customer is the registered office of Giroxx GmbH.

5.4 Place of jurisdiction

If the customer is a merchant or a legal entity under public law, Giroxx GmbH can take legal action at its general place of jurisdiction and action can only be taken against Giroxx GmbH at this place of jurisdiction.

Appendix 1:

The European Economic Area currently consists of the EU countries Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain and the United Kingdom of Great Britain and the non-EU countries Iceland, Liechtenstein and Norway.

The EEA currencies currently include Euro, British Pound Sterling, Bulgarian Lev, Croatian Kuna, Czech Krone, Danish Krone, Hungarian Forint, Icelandic Krone, Norwegian Krone, Polish Zloty, Romanian Leu, Swedish Krone.

Appendix 2:

Giroxx GmbH List of Prices and Services for private clients and business customers

valid from: 1st May 2016

a) Fees for executing remittance orders

Standard processing fee (SHA) per remittance 7,00 EUR
Standard processing fee (OUR)
In case of an OUR remittance, Giroxx may be charged higher costs by an intermediary payment services provider and/or by the beneficiary's payment services provider than charged by Giroxx. In such a case, Giroxx reserves the right to charge the difference to the payer.
per remittance
plus OUR-Fee
for each currency except:
payments in USD
payments in CZK
7,00 EUR
17,50 EUR

25,00 EUR
8,50 EUR

Standard processing fee (SHA):
per remittance 7,00 EUR

Standard processing fee (OUR)
In case of an OUR remittance, Giroxx may be charged higher costs by an intermediary payment services provider and/or by the beneficiary's payment services provider than charged by Giroxx. In such a case, Giroxx reserves the right to charge the difference to the payer.
per remittance: 7,00 EUR
plus OUR-Fee: 17,50 EUR
for each Currency except
payments in USD: 25,00 EUR
payments in CZK:    8,50 EUR

SHA: The payer and the payee each bear the fees charged to them by their payment services providers. OUR: The payer (the remitter) bears all fees. In the case of a SHA remittance, fees may be deducted from the remittance sum by an intermediary payment services provider and by the beneficiary's payment services provider.

Unless the payee issues instructions to the contrary, the payer and the payee (the beneficiary) bear the fees charged to them by their payment services providers (SHA model).

b) Other fees

Urgent remittance per remittance standard processing fee 10,00 EUR
Receipt of remittance orders without form (not via the Giroxx web portal, but rather by telephone, fax or e-Mail) per remittance 25,00 EUR
Subsequent change to a recorded order (if possible) per change 25,00 EUR
Confirmation of execution by fax per remittance 25,00 EUR
At the customer's request (who is not a consumer), investigating the circumstances of a case, unless Giroxx is obliged to do so by law; if the case does not concern a non-authorised remittance or a remittance not executed or falsely executed by Giroxx; or the settlement is to be explained by Giroxx. per remittance 55,00 EUR
At the customer's request, investigating whether, and if so, when the payment was credited to the payee's account or placed at the disposal of the payee in some other way. per remittance 55,00 EUR
Other investigations made at the customer's request. per remittance 55,00 EUR
Revocation fee within the deadlines per revocation 15,00 EUR

Urgent remittance:
per remittance standard processing fee plus 10,00 EUR

Receipt of remittance orders without form (not via the Giroxx web portal, but rather by telephone, fax or e-Mail):
per remittance 25,00 EUR

Subsequent change to a recorded order (if possible)
per change 25,00 EUR

Confirmation of execution by fax:
per remittance 25,00 EUR

At the customer's request (who is not a consumer), investigating the circumstances of a case, unless Giroxx is obliged to do so by law; if the case does not concern a non-authorised remittance or a remittance not executed or falsely executed by Giroxx; or the settlement is to be explained by Giroxx.
per remittance 55,00 EUR

At the customer's request, investigating whether, and if so, when the payment was credited to the payee's account or placed at the disposal of the payee in some other way.
per remittance 55,00 EUR

Other investigations made at the customer's request.
per remittance 55,00 EUR

Revocation fee within the deadlines
per revocation 15,00 EUR

c) Execution deadlines

Remittances inside Germany and to other states of the European Economic Area in EEA currencies.

Giroxx is obliged to ensure that the remittance sum is received by the payee's payment services provider at the latest in 4 work days.

Remittances inside Germany and to other states of the European Economic Area EAA in the currency of a state outside the EAA (third country currency) and remittances to states outside the EEA (third countries).

Giroxx is obliged to ensure that the remittance is executed as quickly as possible.

d) Work days

A work day is any day on which the payment services providers involved in executing payment procedures operate the payment procedures required to execute an order.

Work days for Giroxx GmbH are all work days except Saturday and public holidays observed throughout Germany, Christmas Eve (24th December) and New Year's Eve (31st December).

The List of Prices and Services valid at the date on which an order is issued applies.


The present translation is furnished for the customer's convenience only. The original German text of the Terms and Conditions is binding in all respects. In the event of any divergence between the English and the German text, construction, meaning or interpretation, the German text, construction, meaning or interpretation shall govern exclusively.