TABLE OF CONTENTS
- Contract Content
- Conclusion of Contract
- Contract Objective
- Regulation of the Right of Use
- Prices, Taxes, Delivery, Payment
- Partial Shipments
- Self Supply Reservation
- Transfer of Risk
- Cost of Return in Case of Exercise of the Right of Withdrawal
- Classroom Seminars
- Retention of Title
- Right of Retention
- Liability for Material and Legal Defects
- Data Protection
- Opposition to Terms and Conditions of Customers
- Governing Law
- Final Regulations
These terms and conditions apply to all contracts and / or services of
Thorsten Helbig, sole proprietor under the trade name forexPRO – Systeme, An der Michaeliskirche 27, 34346 Hann. Münden (forexPRO)
Room D, 7/F Hollywood Centre, 77-91 Queen’s Road West, Sheung Wan, Hong Kong (TLC)
hereinafter referred to as “seller”
concerning its services from the Internet shop, accessible on the Internet at www.forexpro-systeme.de/software/shop/, as well as the service offer from all sub-domains.
2 CONTRACT CONTENT
Seller offers standard software for purchase and participation in training seminars via his online shop at the following Internet address: http://www.forexpro-systeme.de/software/shop/.
The distribution of the services and software takes place exclusively in the name and for the account of the TLC.
3 CONCLUSION OF CONTRACT
(1) A contract on the seller’s online shop is concluded by the acceptance of the offer of the seller directed on this one.
The essential characteristics of the goods result from the respective product description set by the seller.
(2) Since some products, in particular software products of the seller can be bound by certain system requirements, software, brokers, etc., it is incumbent on the buyer to check before conclusion of the contract whether the necessary conditions are met and whether he can really use the product.
(3) All offers in the online shop of the seller merely represent a non-binding invitation to the customer to submit a corresponding offer to the seller.
Once the seller has received the customer’s order, the customer will first receive a confirmation of the order placed with the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After receipt of the order of the customer, the seller will check the order at short notice and tell the customer whether he accepts the order (order confirmation).
(4) The order process in the seller’s online shop works as follows:
At www.forexpro-systeme.de/software/shop/ the customer can see the offered products.
As far as he wants to buy a product, he can see the applicable terms and conditions and the cancellation policy on the links indicated under the products.
He has to confirm the notice by placing a check mark in the field provided.
Before submitting the order, the customer can change and view the data entered at any time using the browser functions displayed as arrow keys, as well as the entered data. The application can only be submitted and transmitted if the customer has accepted by clicking on the button “I have read the terms and conditions and cancellation policy” and accepted these terms and conditions in his application.
Then the buyer can press the button “to the shop”, with which it is forwarded to the website of the company digistore24, where the order process can be carried out by inputs of the buyer. The process is completed by pressing the button “Buy Now”.
By clicking on the “Buy Now” button, the customer accepts the purchase offer from the seller and is immediately forwarded to the website of the online payment service www.paypal.com in order to make the payment there.
Buyers who do not want the payment method “direct debit” can choose the respective method of payment by pressing the button “PayPal”, “Sofortüberweisung”, “pay by credit card” or “in advance”.
The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again. The payment information will subsequently be announced in an e-mail or invoice form.
Correction of individual entries in text or number input fields as part of the individual technical steps up to the conclusion of the contract can be made in the corresponding input fields using the Backspace or Delete key.
This completes the order.
The customer is then redirected back to the seller’s site.
(5) The menu navigation through the individual steps to conclude the contract takes place in German.
(6) A contract text is not stored by the seller.
(7) The customer also has the option of requesting by phone, email, fax or letter from the seller a purchase offer for individual items. Seller will then, if necessary, submit an offer in this respect to the buyer by telephone, email, fax or letter, without being obliged to do so. A contract is concluded when the customer accepts this offer.
4 CONTRACT OBJECTIVE
(1) The subject matter of the contract are the goods and services specified by the customer within the scope of the order and stated in the order and / or order confirmation at the final prices stated in the online shop. Errors and errors are reserved there, especially in regards to the availability of goods.
(2) Illustrations on the website may reflect the products only inaccurately; Images are for illustrative purposes only and may differ from the product. Technical information and specifications of services are as precise as possible, but may vary. The properties described here are not defects of the products supplied by the seller.
(3) If no copies of the product selected by him are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller abstains from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
5 REGULATION OF THE RIGHT OF USE
The buyer is only entitled to use the product himself. Onward sale, redistribution, transfer or sub-licensing is not permitted.
6 PRICES, TAXES, DELIVERY, PAYMENT
(1) The price at which a purchase contract for an article comes about, follows from § 4.
(2) All final prices include the statutory value added tax.
(3) The price of an article is understood including shipping and packaging costs.
(4) Payment is via “direct debit”, PayPal, bank transfer, credit card or advance payment.
(5) If the buyer defaults on a payment, he is obliged to pay the statutory default interest amounting to 5 percentage points above the base rate.
A reminder fee of at least € 5 will be charged for each reminder sent to the buyer after the default has occurred, unless the buyer can prove a lower damage.
(6) If a given “direct debit” can not be executed and the seller incurs costs, these must be reimbursed by the buyer.
(1) If, in individual cases, an individual agreement has been made in such a way that the payment is made contrary to § 3 on account, then the purchase price payment is due within one week of the invoice.
(2) In the context of the payment processing via the means of payment mentioned in § 3 the customer receives an invoice in text form.
(1) The goods will be sent to the delivery address specified by the customer or in case of electronic means, by e-mail address. In the latter case, a download link is provided with an email, with which the software can be obtained.
(2) Delivery is from the warehouse of seller.
(3) Seller indicates the availability of the individual goods in direct connection with the item description. In the absence of an expressly deviating agreement, the seller will ship goods in stock to the warehouse within one week of the conclusion of the contract.
9 PARTIAL SHIPMENTS
(1) Seller is entitled to make partial deliveries, as far as this does not unduly disadvantage the customer and is reasonable for him according to the circumstances of the individual case.
(2) Additional costs resulting from partial deliveries are not charged to the customer.
10 SELF SUPPLY RESERVATION
(1) Seller reserves the right to dissolve from the obligation to fulfill a purchase contract, if goods are to be delivered by a supplier to him and this delivery is completely or partially omitted.
(2) This shall only apply if the seller is responsible for the circumstance of non-delivery. This is particularly the case if the seller has concluded a so-called congruent hedging transaction with his supplier.
(3) If the supplier delivers only part of the goods ordered by the seller, then different buyers of these goods will be satisfied in the order of the orders received by the seller. If customers are therefore not supplied, paragraph 1 applies.
(4) Seller immediately notifies the customer of the circumstance of non-delivery. If the seller loses his obligation to perform, the customer is released from his obligation to pay the purchase price as well as the packaging and shipping costs. Alternatively, the customer may choose in this case that the seller assigns his claims against his supplier as well as the information required to assert these claims. If a customer chooses this latter variant, he is, as it were, obligated to accept the seller’s obligations from the congruent hedging transaction with the supplier.
11 TRANSFER OF RISK
(1) With the delivery of the sold item, the risk of accidental loss and accidental deterioration passes to the customer.
(2) If sellers send the goods sold to them at the request of a customer who is an entrepreneur, the risk shall pass to this customer as soon as the seller forwards the goods to the freight forwarder, the carrier or the person otherwise responsible for carrying out the shipment or institution has delivered.
12 COST OF RETURN IN CASE OF EXERCISE OF THE RIGHT OF WITHDRAWAL
If the customer exercises his right of withdrawal, he has to bear the regular costs of the return, if the delivered goods correspond to those ordered and if the price of the returned item does not exceed 40.00 Euros or if the customer, at a higher price of the thing, has not yet made the full payment or contractually agreed partial payment at the time of the revocation. Otherwise, the return is free.
The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB.
Towards entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
14 CLASSROOM SEMINARS
(1) Number of participants in seminars
The number of participants is bounded above. If the upper limit is exceeded, the participant is offered an alternative date. The number of participants down is also bounded below. If the minimum number of participants is undershot, the seller is entitled to cancel the event. The minimum number of participants can be found in the respective information of the event.
The seller, however, reserves the right to conduct the event even if the number of participants is lower. In case of cancellation, the seller has to reimburse the participant for the fees already paid, further claims of the participants are hereby excluded.
(2) Conducting seminars
The events will be advertised as planned.
However, the seller reserves the right to change the program. This refers in particular to the venue as well as dates and speakers, but also to contents. In the case of illness of the referee or force majeure, an adequate replacement can be provided by the seller, the seminar location can be relocated or a replacement appointment can be made. Claims of the participants for the above reasons are hereby excluded, this means that the seller also cannot accept liability for booking costs or travel expenses incurred by the buyer in case of cancellation of the seminar by the seller.
(3) Withdrawal / cancellation of seminars
In the case of presence seminars, cancellation fees are incurred in the event of cancellation / cancellation, as these cannot be re-booked at short notice.
In case of cancellation of a booked seminar 30% cancellation fee will be charged 10 weeks before the start of the seminar, 50% cancellation fee 6 weeks before the start of the seminar and 100% cancellation fee 2 weeks before the start of the seminar.
However, a substitute person can be asked at any time, a transfer is free here.
In applying the knowledge acquired through the seminar no liability can be asserted against the seller.
The seller is not liable for the loss, damage or destruction of the participant’s belongings in connection with the execution of the seminar, unless this is due to intentional or grossly negligent conduct of the seller. The seller is not liable for damages caused by force majeure, riots, war and natural events and other, for which he is not responsible for incidents (e.g. strike, lockout, traffic disruption, disposal in and foreign state agencies) or not culpably caused technical faults, such as the computer system.
15 RETENTION OF TITLE
(1) The seller retains ownership of the delivered goods until full payment of the purchase price.
(2) The customer is obliged to handle the goods with care until the transfer of ownership.
(3) The customer shall carry out inspection and maintenance work until then at his own expense, insofar as this is not unreasonably disadvantaged and reasonable for him.
(4) The customer shall notify sellers without delay if the goods are seized or otherwise exposed to third parties, if they have been damaged or destroyed, if they change hands or if the customer changes his place of residence.
(5) In the case of a successful third-party objection action in accordance with § 771 ZPO against the garnishment of the goods, the customer has to bear the related extra-judicial and judicial costs incurred by the seller, if they could not be obtained from the third party who had illegally seized.
(6) If the customer is an entrepreneur, in deviation from paragraph 1 the title shall not be transferred to him until all claims of the seller against the customer from the joint business relationship of the latter have been met. This also applies with regard to claims arising from the business relationship between the seller and the entrepreneurial customer, which were not yet incurred or due upon conclusion of the contract for the respective goods subject to retention of title, whereby the condition for the acquisition of ownership occurs, if all receivables for the first time the common business relationship has been fulfilled by the customer.
(7) If the customer is an entrepreneur, he is entitled to resell the reserved goods. The entrepreneurial customer assigns already now the resale claims against third parties to the seller in the amount of the purchase price of the goods subject to retention together with incurred packaging and shipping costs and any value added tax. This also applies in the event that the goods were resold after processing.
(8) In the case of processing or transformation of the goods to produce a new movable thing by the customer who is an entrepreneur, this is done for the seller. The entitlement of the entrepreneurial client in this case continues with the new, movable thing created by processing or transformation. The seller acquires co-ownership of the new movable thing in proportion of the objective value of the goods to the other objects processed in the new movable thing.
(9) In the case of mixing or connecting the goods by the customer who is an entrepreneur, paragraph 8 shall apply accordingly.
(10) If the reserved goods are connected to a property by a customer who is an entrepreneur in such a way that it becomes an integral part of the property, the entrepreneurial customer assigns the claims arising from this to the seller who accepts this assignment.
The customer is only allowed to offset because of undisputed or legally established claims.
17 RIGHT OF RETENTION
The customer is only authorized to exercise a right of retention, insofar as this is based on the same contractual relationship.
18 LIABILITY FOR MATERIAL AND LEGAL DEFECTS
(1) The warranty for defects shall lapse for new goods within two years, for used goods within one year
(2) If the customer is an entrepreneur, the warranty rights for new goods expire within one year. For used things, the warranty against entrepreneurs is excluded.
(3) If warranty claims are asserted by an entrepreneur, then in the case of a subsequent performance request, the seller may choose between rectification and subsequent delivery, without prejudice to the fact that the customer can reduce the purchase price or withdraw from the contract if the subsequent performance fails.
(4) The warranty limitations of paragraphs 1 to 3 shall not apply if the seller has fraudulently concealed a defect or provided a guarantee for the quality of the goods.
(5) The warranty is not limited to a building or thing that has been used for a building in accordance with its normal use and has caused its defectiveness.
(6) The warranty is not limited to claims for damages based on intentional or negligent injury to life, limb or health by the seller or his vicarious agents. The warranty is not further limited in the case of intentional or grossly negligent fault of the seller or his vicarious agents.
(1) Outside the warranty seller is liable as follows:
(2) The seller is liable for damages that are caused intentionally or through gross negligence. He is also liable for slightly negligent breach of essential contractual obligations (mutual obligations of a contract) as well as cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance the contractor may rely on regularly). The seller is not liable for the slightly negligent violation of duties other than those listed above.
(3) The seller is liable for damages resulting from injury to life, limb or health if he has caused it deliberately or negligently.
(4) Liability under the Product Liability Act remains unaffected.
(5) Liability shall remain unlimited if the seller has fraudulently concealed a defect in goods or provided a guarantee for the quality of a good.
(6) Insofar as the liability for damages is excluded or limited, this applies as it were to the personal liability of employees, representatives and vicarious agents of the seller.
20 DATA PROTECTION
(1) By concluding a contract with the seller, the customer agrees that his personal data transmitted by him are collected, processed and used by the seller. In particular, the following power of attorney applies to the transfer of data: The customer allows the seller to exchange the data below with account-managing partner companies such as brokerage houses, banks, savings banks and partners.
(2) As soon as the customer submits personal data to the seller for the execution of the contract, he agrees to the collection and storage of the following data:
- Contact details (names, addresses, accessibility via remote communication means
- Financial information (account details, credit card information, etc.)
- Shipping, billing and other information, for the purchase or shipment of goods
(3) The purpose of the collection of personal data is the execution of the concluded contract. The seller uses the personal data in particular for the provision of its contractual services and to ensure a smooth payment by the customer.
(4) Personal data of the customer may be disclosed to third parties for
- Provision of contractual services
- Fulfillment of legal requirements
- Defense against legal claims by third parties own legal defense
- Execution of bill collection by third parties
To comply with a request for information from law enforcement or other authorities or third parties in connection with a preliminary investigation or on suspicion of a criminal offense, an illegal act or other acts which may give rise to legal liability for the seller or the customer. The following personal data may be disclosed by the seller: current and previous account name(s), name, city, state, telephone number, e-mail address, fraud complaints and other personal data, as far as relevant
(5) When visiting the website of the seller, the following data will be stored anonymously for organizational reasons:
- URL of the pages visited
- used browser and operating system used
- Date and time of the visit
- used search engine
- names of downloaded files
- your IP address
These data are evaluated by the seller exclusively for statistical purposes and to optimize its Internet offer.
(6) When visiting the website of the seller information can be stored in the form of so-called cookies on the computer of visitors and / or customers. These are small files that are sent from an Internet server to the computer and stored there. Most cookies are so-called session cookies, which are automatically deleted after the website visit. Cookies permanently stored on the computer are used to save settings made once on the website.
Except for the internet protocol address, the seller does not save cookies.
Storing cookies on the computer can be prevented by setting the “Do not accept cookies” setting in the Internet browser used. How this works in detail can be found in the user manual for the browser used. If cookies are not accepted, this may result in a restriction of the scope of use of the website.
(7) The customer is entitled to withdraw his granted consent for the future at any time. In this case the seller is obliged to immediately delete the personal data of the customer. In the case of ongoing contract processing, the deletion takes place immediately after the end of the contract.
The cancellation has to be sent to:
Thorsten Helbig, sole proprietor under the trade name forexPRO – Systeme, An der Michaeliskirche 27, 34346 Hann. Münden or
Room D, 7/F Hollywood Centre, 77-91 Queen’s Road West, Sheung Wan, Hong Kong
(8) Upon request the seller shall provide the customer with information about the personal data stored on it, including those relating to the source of such data, the recipient or the categories of recipients to whom data are transmitted and the purpose of the storage.
The request for information should be sent to:
Thorsten Helbig, sole proprietor under the trade name forexPRO – Systeme, An der Michaeliskirche 27, 34346 Hann. Münden
21 OPPOSITION TO TERMS AND CONDITIONS OF CUSTOMERS
General terms and conditions of customers are contradicted.
22 GOVERNING LAW
(1) The law of the Federal Republic of Germany shall apply, excluding UN sales law.
(2) In relation to customers who are consumers, this applies only to the extent that this does not deprive them of protection by mandatory provisions of the law of the state in which the consumer has his habitual residence.
23 FINAL REGULATIONS
(1) The contract language is exclusively German.
(2) Jurisdiction is the seat of the seller, if the customer is a merchant, legal entity under public law or public special assets.
(3) The same applies in the event that the customer, after conclusion of the contract, relocates his domicile or habitual residence from the Federal Republic of Germany or his domicile or habitual residence at the time of filing a complaint is not known.
(4) In all other cases the place of fulfillment and place of jurisdiction, as far as permissible, is Hann. Münden.
(5) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.