General Terms and Conditions
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting of rights of use for digital contents
- Duration and termination of subscription contracts
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain
- specifications of the customer
- Redemption of promotional vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Christoph Böing, trading as "ForexDax" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated.
1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
1.5 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, is produced in digital form and is made available by the Seller under the granting of certain rights of use regulated in more detail in these GTC.
1.6 The subject matter of the contract may be - depending on the Seller's product description - both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to supply the customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.
1.7 Components of the Seller's range presented may - depending on the Seller's product description - be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter "Telecommunications Contract") with a third party provider (hereinafter "Service Provider"). In this case, the existence of the contract with the seller depends on the conclusion of a telecommunication contract with the service provider and on the fact that the telecommunication contract is not revoked by the customer. The telecommunications contract shall be governed by the relevant statutory provisions and, where applicable, by any contractual terms and conditions of the respective service provider that deviate from these. The seller acts only as an intermediary for such contracts.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.
2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German and partly the English language are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
3.4 If a customer purchases digital content online, such as software, audio books or e-books, he/she is generally entitled to a 14-day right of withdrawal. The goods are not delivered after the 14-day right of withdrawal, but immediately after receipt of payment. Therefore, the customer generally waives his right of withdrawal. He must confirm this at the time of purchase. The waiver of the right of withdrawal looks as follows:
"I/We agree and expressly request that you commence the performance of the commissioned service before the end of the withdrawal period. I am aware that I lose my right of withdrawal upon complete fulfilment of the contract by you."
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown, as the seller is a small entrepreneur within the meaning of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.6 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.7 If the direct debit payment method via Stripe is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from the customer's bank account after issuing a SEPA Direct Debit Mandate, but not before the expiry of the Pre-Notification period on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method in the event of a negative credit check.
4.8 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital content shall be provided to the customer exclusively in electronic form as follows:
5.5 Vouchers are given to the customer as follows:
- by e-mail
6) Granting of rights of use for digital contents
6.1 Unless otherwise stated in the DeepL description in the Seller's online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of time and place, to use the content provided for private and business purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual licence to the third party.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
7) Duration and termination of subscription contracts
7.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in the Seller's online shop. The subscription contract may be terminated at any time during the minimum term at the end of the minimum term and at any time after the end of the minimum term with a notice period of 14 days.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Cancellations must be made in writing or in text form (e.g. by e-mail).
8) Retention of title
If the seller makes advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9.3 The Seller shall not be liable for defects in the performance of the telecommunication contract, for which the respective service provider is exclusively responsible. In this respect, the relevant statutory provisions and any contractual terms and conditions of the respective service provider deviating from these shall apply.
10) Special conditions for the processing of goods according to certain
10.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller is also obliged to process the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the rights of use required for this purpose. The customer alone shall be responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
10.2 The customer shall indemnify the seller against claims of third parties which the latter may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. In this context, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
11) specifications of the customer
11.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3 Promotion vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Several promotional vouchers can also be redeemed for one order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
11.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
12) Redemption of promotional vouchers
12.1 Gift vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the Gift Voucher.
12.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
12.4 Multiple gift vouchers can also be redeemed for one order.
12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
12.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
12.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the gift voucher in the Seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
13) Applicable law
13.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.