Terms & Conditions of Dr. Geke & Analysts
1.1 These Terms and Conditions (hereinafter “T&C”) of Dr. Geke & Analysts (hereafter referred to as “Sellers”) apply to all contracts for the supply of digital content (trading signals) and goods that a consumer or contractor (hereinafter “Customer”) has with the Seller with respect to the Seller’s on its online portal. ” Traderama ” (www.traderama.com or www.traderama.de) presented digital content and goods. Traderama is an internet presence for the marketing of financial market analyzes. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content (such as trading signals), these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 For contracts for the delivery of vouchers (for example, discount vouchers), these T&C apply accordingly, unless otherwise stipulated otherwise.
1.4 For contracts for the delivery of tickets (for example, for paid webinars), these terms and conditions apply accordingly, unless otherwise stipulated otherwise. These terms and conditions govern only the sale of tickets for certain, in the item description of the seller specified events and not the execution of these events. For the execution of the events, only the statutory provisions in the relationship between the customer and the organizer and, if applicable, deviating conditions of the organizer apply. Unless the seller is also the organizer, he is not liable for the proper performance of the event, for which only the respective organizer is responsible.
1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. Companies within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.6 Digital content (for example, trading signals) in the sense of these terms and conditions are all data not on a physical data medium, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in more detail in these terms and conditions.
1.7 Subject of the contract may be – depending on the product description of the seller – both the purchase of goods by means of a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of the subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
2) Conclusion of contract
If the customer acts as a company, then this is excluded from the order via the online order form. Companies contact the seller either by email, by phone or by contact form regarding an order or an individual quotation. The contact possibilities can be found on the homepage of the seller.
If the customer acts as a consumer:
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer. The order in the online shop of the seller is only allowed to consumers. Companies contact the Seller directly by email or phone.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by telephone or e-mail to the seller.
2.3 The seller can accept the offer of the customer within five days,
by providing the customer with 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 is decisive, or
by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
by asking the customer for payment after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed 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 online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). However, the contract text can not be retrieved by the customer after sending his order via the seller’s website.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect 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. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the end of the order process.
2.7 The contract is concluded in German and English.
2.8 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.1 Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
3.2.1 Cancellation Terms
Right of cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts for the delivery of goods, the period of revocation shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
By way of derogation, in the case of a contract for the regular supply of goods for a fixed period of time, the withdrawal period shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the first good or Has.
For contracts for the delivery of non-physical data, which are produced and provided in digital form (digital content), the revocation period is fourteen days from the date of the contract.
In order to exercise your right of withdrawal, you must inform us (Dr. Geke & Analysts, Am Anker 4, 40668 Meerbusch, Germany, Tel .: +49 2150 9669890, E-Mail: firstname.lastname@example.org) by means of a clear statement (eg a letter or e-mail sent by post) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
For contracts for delivery of goods, we may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exclusion or premature termination of the right of cancellation
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
The right of withdrawal expires prematurely in contracts for the supply of digital content, if we have started to execute the contract, after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge of that You lose your right of withdrawal by agreeing to begin the execution of the contract.
3.2.2 Cancellation Form
If you want to cancel the contract, please fill out this form and send it back.
Dr. Geke & Analysts
Am Anker 4
I / we (*) hereby cancel the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate
3.3 The right of cancellation does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory value added tax.
Subscription contracts with monthly fixed payments are generally payable in the monthly interval from the start of the contract period. Subscription contracts, which are settled according to consumption, are billed periodically. Consumption is billed based on the method specified in the product description of the product. Individual contracts (for example, test tickets) are generally payable at the beginning of the contract period.
4.2 The payment option(s) will be communicated to the customer in the online shop of the seller.
If advance payment is agreed by bank transfer (if offered by the seller), the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date
5) Terms of delivery
5.1 Digital content is provided to the customer exclusively in electronic form as follows:
– by email
5.2 Vouchers will be given to the customer as follows:
– by email
5.3 Tickets are provided to the customer as follows:
– by email
6) Grant of rights of use for digital content
6.1 Unless the content description in the Seller’s online shop reveals otherwise, the Seller grants the Customer the non-exclusive, locally and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 Any transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights shall not take effect until the customer has fully paid the contractually owed remuneration. The seller may permit the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
6.4 Without prejudice to other statutory provisions, the seller is entitled to partially or completely restrict the use of the digital content to the customers in the following situations or to block paid content. This applies in particular:
with wrong information at the registration
in the case of changing details by the customer, so that the conditions for the purchase of paid content are not or no longer exist
there is a case of misuse of these terms and conditions by the customer.
Already paid fees will not be refunded to the customer in these cases.
7) Contract duration and contract termination
7.1 Subscription contracts are concluded for an indefinite period, but at least for the term shown in the respective product description in the seller’s online shop. Subscription Contracts will be extended for another period of the same term after expiry of the term if the Subscription Contract is not terminated with a notice period of 30 days to the end of the term. The termination can be submitted at any time during the term of the subscription contract. Test tickets have a contract duration limited to the agreed test period and expire automatically without the need for termination.
7.2 The right to extraordinary termination for cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
7.3 Terminations must be made in writing or in text form (eg by e-mail).
7.4 If a product of the seller contains a free or fee-based test phase before the start of the actual contract with the corresponding subscription period or ticket period, it is true that this may only be used once by a customer. In a test phase, the customer can cancel at any time within the test period. Should not be canceled, the defined contract starts automatically after the test period. Should the contract be cancelled and later ordered again, the test phase is expired. The conditions of the test phase can be seen on the order page.
8) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
9) Service / Service Content
9.1 You will receive the digital content (“Trading Signals”) by email and are for personal and personal use only.
9.2 Trading signals will only be sent by email if a trade signal has been calculated in a trading package for a security for the relevant Dealing Day.
9.3 A trading signal consists of the name of the security, the International Securities Identification Number (ISIN) or Wertpapierkennnummer (WKN), the order type and price information.
9.4 The seller is entitled at any time and without prior notice to change the free and paid digital content, to restrict or to cease all services. Customers who receive paid content will be compensated pro rata for any prepaid fees. Further claims by customers are expressly excluded.
9.5 If the provision of services is not possible for reasons for which the seller is not responsible, the customer can not assert any claims for damages against the seller.
9.6 The provision of paid content is suspended for pre-announced vacation periods. This is the maximum for a period of 6 weeks per year. The prices for these contents already take appropriate time off. This will eliminate the corresponding reimbursements for payments already made for this period.
10) Disclaimer / Warranty
10.1 The seller expressly does not provide investment advice.
10.2 All free and paid digital content (such as trading signals) provided and published by the Seller is for informational purposes only and is in no way a incitement or request to buy, hold or sell securities, derivatives or other financial products.
10.3 Each user always takes responsibility for his investment decisions and the use of the purchased goods ( trading signals) at his own responsibility and own risk. The seller excludes liability for material or non-material loss or damage resulting from the use of the provided digital content (trading signals).
10.4 Risk Warning: The user is hereby expressly advised that the trading of securities and derivatives is sometimes subject to significant price fluctuations and the associated risks, which can lead to significant losses or even total loss.
10.5 The seller expressly points out that the digital content provided does not replace the competent, personal advice provided by recognized experts.
10.6 The trading packages were statistically evaluated by backtesting. The backtesting information can be found in the descriptions of the trading packages on the homepage. Furthermore, statistics are shown, which also show indicators based on the backtests. We expressly point out that past performance or statistical performance is not indicative of future performance.
10.7 The warranty or guarantee for future performance or profits from the use of the purchased item or the use of the digital content (trading signals) by the customer is excluded by the seller.
10.8 The digital content provided by the Seller has been carefully checked. Should external sources be used for the presentation of the content, these were checked by the seller and assessed as trustworthy and reliable. However, there can be no guarantee for the topicality, correctness or completeness of all digital content provided.
10.9 The descriptions, explanations as well as representations to the digital content serve exclusively the description of the condition and not as guarantee or assurance of a property. If the purchased item has a shortcoming, the provisions of the statutory liability for shortcomings shall apply.
10.10 The customer is requested to inform the seller in case of shortcomings. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
10.11 The seller calculates the price levels for the trading signals of a specific security based on the price data of the security traded at the exchange specified in the recommendations. When executing the order, a distinction can occur between the trading signals specified by the seller and the executions at the customer. Either there may be a difference in the order execution price levels until the customer gets the order excecuted while the algorithm evaluates them as not executed and vice versa. This is particularly the case if the use of the recommendations by the client is implemented with derivatives on the relevant security (for example CFDs, leverage products, etc.) or other exchange or methods are used for the purchase of the securities. It is not excluded, however, that even if the trading exchange specified in the recommendation and the direct purchase of the security are used, a distinction can be made in the order execution between the buyer and the algorithm of the seller. The seller hereby excludes any liability and warranty for deviating order execution between the trade recommendations given by the seller and the order execution at the customer.
11) Redemption of action vouchers
11.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”) can only be redeemed in the vendor’s online shop and for the specified period.
11.2 Action vouchers can only be redeemed by consumers.
11.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.5 Only one action coupon can be redeemed per order.
11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
11.8 The balance of an action voucher is neither paid in cash nor interest.
11.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of his statutory right of withdrawal.
11.10 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
12) Redemption of gift vouchers
12.1 If offered by the seller, vouchers that can be purchased via the online shop of the seller (hereinafter “gift vouchers”), can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
12.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of purchase of the voucher. Remaining credits will be credited to the customer until the expiry date.
12.3 Gift vouchers can only be redeemed prior to completing the order process. Subsequent offsetting is not possible.
12.4 Only one gift vouchers can be redeemed per order.
12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to settle the difference.
12.7 The credit of a Gift vouchers will not be paid in cash or interest.
12.8 The Gift vouchers is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
13) Applicable law
13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that 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, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile 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 point of contact for the out-of-court resolution 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 settlement procedure before a consumer arbitration board.
Meerbusch, June 2018
Dr. Geke & Analysts