General Terms and Conditions of Dr. Geke & Analysts

 

1) Scope

1.1 These Terms and Conditions (hereinafter “GTC”) of Dr. Geke & Analysts (hereafter referred to as “Sellers”) apply to all contracts for the supply of content (i.e. investment recommendations) and goods that a consumer or contractor (hereinafter “Customer”) enters with the Seller for example via the Sellers online plattform
“Traderama ” (www.traderama.com or www.traderama.de).  Traderama is an internet plattform for the marketing of investment recommendations. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 For contracts for the supply of services (e.g. investment recommendations), these terms and conditions apply accordingly, unless anything is expressly regulated.

1.3 For contracts for the delivery of vouchers (e.g. discount vouchers), these terms and conditions apply accordingly, unless anything is expressly regulated.

1.4 For contracts for the delivery of tickets (e.g. for paid webinars), these terms and conditions apply accordingly, unless anything is expressly regulated. These GTC only regulate the sale of tickets for certain events, which are described in detail in the description of the seller and not the execution of these events. For the execution of the events only the legal provisions in the relationship between the customer and the organizer as well as any deviating conditions of the organizer are valid. If the seller is not at the same as the organizer, he is not liable for the proper execution of the event, for which only the respective organizer is responsible.

1.5 Consumers for the purposes of these GTC shall be any natural person who concludes a legal transaction for purposes which are largely attributable neither to their commercial or independent professional activity. A self-employed person or company in the sense of these GTC is a natural or legal person or a legally capable partnership which acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

1.6 Services (for example, investment recommendations) in the sense of these terms and conditions are all free and paid content not on a physical data medium and provided by the seller under granting of certain rights of use regulated in more detail in these terms and conditions.

1.7 The subject of the contract could be –  depending on the seller’s service description – both the purchase of services or goods by one-off delivery or the purchase of services or goods by means of a permanent delivery (‘ subscription agreement ‘). In the case of the subscription agreement, the seller undertakes to deliver of contractually owed goods or services to the customer for the duration of the agreed contract period in the contractually owed time intervals.

 

2) Conclusion of the contract

If the customer acts as a self-employed person or company, then he/she is excluded from self-ordering via the online order form and have to contact the seller either by email, phone or by contact form for an order or individual offer. The contact options can be found on the seller’s homepage.

If the customer acts as a consumer, the following applies:

2.1 The product descriptions contained in the seller’s website do not constitute binding offers on the part of the seller, but serve to provide a binding offer by the customer. An online order on the seller’s online shop is only allowed to consumers. Companies or self-employed persons contact the seller directly via email or telephone to start the ordering process.

2.2 The customer may submit the offer via the online order form integrated into the seller’s website. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer gives a legally binding contract offer in relation to those goods or services contained in the shopping basket. Furthermore, the customer may also make the offer by telephone or e-mail to the seller.

2.3 The seller may accept the customer’s offer within five days

  1. by sending to 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 at the customer is authoritative, or
  2. by providing the customer with the goods/services ordered, where access to the goods/services is relevant to the customer, or
  3. by asking the customer to pay for the order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The time limit for acceptance of the offer commences on the day following the dispatch of the offer by the customer and ends with the expiration of the fifth day following the dispatch 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.

2.4 In the case of the payment method “PayPal Express” (if available), payment processing is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (‘ PayPal ‘), using the PayPal Terms of Use, available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or-if the customer does not have a PayPal account – apply the terms of payments without PayPal account, can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as his payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking on the button that closes the order process. In this case, the seller is already declaring the acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking on the button that closes the order process.

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) Right of withdrawal

3.1 Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby consumers are any natural person who concludes a legal transaction for purposes which is not attributable to their commercial or professional activities:

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3.2.1. Cancellation
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Withdrawal:
You have the right to revoke this agreement within fourteen days without giving any reasons.
In the case of contracts for the supply of goods, the withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has or has taken possession of the last product.
Notwithstanding this, in the case of a contract for the regular delivery of goods over a specified period of time, the withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, owns or has taken the first product.
In the case of contracts for the supply of data not on a physical medium, such as investment recommendations, the revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must contact us (Dr. Geke & Analysts, Am Anker 4, 40668 Meerbusch, Germany, phone.: + 49 2150 9669890, E-mail: Info@traderama.com) by means of a clear declaration (e.g. a letter or e-mail sent by eail) about your decision to revoke this agreement. You can use the enclosed sample withdrawal form, but this is not mandatory.
In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Consequences of revocation
If you revoke this agreement we will pay back any received payments, including the delivery expenses (with the exception of additional cost as an outcome of choosing another way for delivery instead of the favorable standard delivery offered by us), immediately and not later than fourteen days after your notice of revocation reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this redemption.
In the case of contracts for the supply of goods, we may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the date on which you inform us of the withdrawal of this contract. The time limit is respected if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling of them which is not necessary for the examination of the nature, properties and functioning of the goods.

Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not apply to consumers who are not members of the European Union at the time of conclusion of the contract and whose sole place of residence and address of delivery are outside the European Union at the time of the conclusion of the contract.

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3.2.2. Withdrawal form
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If you wish to revoke the contract, please fill out this form and send it back.

To:
Dr. Geke & Analysts
Am Anker 4
40668
Germany
E-mail: info@traderama.com

Hereby i/we revoke (*) the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________/received at (*) __________________
________________________________________________________
Name of the consumer (s)
________________________________________________________
Address of the consumer (s)
________________________________________________________
Signature of the consumer (s) (on paper only)
_________________________
Date

(*) Delete Incorrect

3.3 The right of withdrawal shall not apply to consumers who are not members of the European Union at the time of conclusion of the contract and whose sole place of residence and address of delivery are outside the European Union at the time of 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 which include the statutory VAT. 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
When paying by means of a payment method offered by PayPal (if offered by the seller), the payment is processed via the payment service PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua /useragreement-full or – if the customer does not have a PayPal account – under the conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
When paying by means of a payment method offered by Stripe (credit card, if offered by the seller), payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Center, Harcourt Road, Dublin 2, Ireland under the applicable Stripe Terms of Use at https://stripe.com/en/terms

 

5) Terms of delivery

5.1 Content of services (investment recommendations) is left to the client only in electronic form as follows:
-by E-mail or online membership area

5.2 Vouchers will be left to the customer as follows:
-by E-mail

5.3 Tickets will be left to the customer as follows:
-by E-mail

6) Enranging rights of use on the contents of services (investment recommendations)

6.1 If nothing else emerges from the description of the content in the seller’s online shop, the seller grants the customer the non-exclusive, localised and indefinite right to the content handed over exclusively to the customer. To use your own private purposes.

6.2 The disclosure of the content to third parties or the creation of copies to third parties outside the scope of these Terms and Conditions is not permitted unless the seller has consented to a transfer of the relevant service to the third party.

6.3 The granting of rights shall only take effect if the customer has completed the contractually owed remuneration. The seller can allow the use of the relevant services in accordance with the contract even before that date. A transition of the rights does not take place by such a provisional permit.

6.4 Without prejudice to other legal regulations, the seller is entitled, in the following situations, to partially completely or completely restrict the use of the contents of the services to the customers or to block paid content of the services. This applies in particular:

  1. In case of incorrect registration details,
  2. A case of misuse to these terms and conditions by the customer is present or
  3. In case of changing information by the customer, so that the conditions for the purchase of paid content are not or no longer available.

Fees already paid will not be returned to the customer in these cases.

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7) Duration of contract and termination of contract

7.1 Subscription contracts are closed indefinitely, but at least for the period of time apparent from the respective product description in the seller’s website. Subscription contracts are extended by another period with the same term at the end of the term if the subscription contract is not terminated with a notice period of 30 days at the end of the term. Termination may be made at any time during the term of the subscription contract. Tickets (e.g. test tickets or one-time tickets) have a fixed contract duration limited to the agreed term and run automatically without the need for a termination.

7.2 The right to extraordinary termination for important reasons remains unaffected. An important reason is when the terminating part, taking into account all circumstances of the case and weighing the mutual interests, the continuation of the contractual relationship until the agreed termination or until the expiry of a may not be expected to be reasonable.

7.3 Notices of termination have to be made in writing or in text form (e.g. by e-mail).

7.4 Should a product of the seller be explicitly connected with a free trial period before the start of the subscription or ticket phase, it shall be deemed to be used only once by a customer. In a test phase, the customer can cancel at any time within the trial period. Should not be terminated, the agreed subscription or ticket phase will automatically start. If the product is terminated and is later ordered again, the free trial period expires.

 

8) Retention of Title

8.1 The seller reserves the right to ownership of the delivered goods until the purchase price owed is paid in full.

 

9) Provision of services / Content of services

9.1 The contents of the services are sent by us by e-mail and are for private and personal use only.

9.2 Special to investment recommendations, trading signals informatoin will only be sent by email if a trading signal for the corresponding trading day has been calculated in a trading package for a security.

9.3 A trading signal within an investment recommendation shall consist of the name of the security, the International Securities Identification Number (isin) or the security code (wkn), the type and a price information.

9.4 The seller shall be entitled at any time and without prior notice to change, restrict or, in total, to adjust its services free of charge. Customers who purchase paid content will be compensated proportionately for any pre-paid fees. Any further claims by customers are expressly excluded.

9.5 If the provision of services should not be possible for reasons which are not to be represented by the seller, the customer cannot claim compensation claims against the Seller.

9.6 The provision of paid content is interrupted for preannounced holiday periods. This applies to a maximum period of 6 weeks a year. The prices for these contents already take into account the corresponding timeouts. This means that there are no corresponding rebates for payments already made for this period.

10) Disclaimer/Warranty

10.1 The seller expressly does not carry out investment advice.

10.2 All free and paid content provided and published by the seller (e.g. investment recommendations) is for informational purposes only and in no way an incitement to buy, hold or sell securities, derivatives or other financial products.

10.3 In principle, each user always acts at their own responsibility and at their own risk when making an investment decision and in the use of the purchase item (e.g. investment recommendations). The seller excludes any liability for material or non-material losses or damages caused by the use of the provided contents of the services (e.g. investment recommendations).

10.4 Risk Note: The seller hereby expressly points out that trading in securities and derivatives is subject to significant price fluctuations and the associated risks can lead to significant losses up to the total loss.

10.5 The seller expressly points out that the content provided by the services does not replace competent, personal advice from recognised experts.

10.6 The investment strategies developed by the seller were statistically evaluated by backtesting. Statistics are shown, which also show indicators based on the back tests. We explicitly point out that past performance or statistical performance cannot be used to close future performance.

10.7 The warranty or guarantee of future performance or profits from the use of the sellers services (e.g. investment recommendations) by the client is excluded by the seller.

10.8 The content provided by the seller (e.g. investment recommendations) has been carefully reviewed. If external sources are used for the presentation of the contents, these were checked by the seller and rated as trustworthy and reliable. however, no guarantee can be given for the topicality, correctness or completeness of all the content Provided.

10.9 The descriptions, explanations as well as representations to the 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. If the purchased item is defective, the provisions of the legal liability for defects shall apply.

10.10 The customer is asked to inform the seller of any defects. If the customer does not comply with this, this does not affect his legal or contractual claims for defects.

10.11 The data sources of the price data on which the respective investment recommendations are based are attached to each investment recommendation. The seller excludes any liability and warranty for order executions based on the content provided (e.g. investment recommendations) to the client.

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11) Redemption of promotional vouchers

11.1 Vouchers which are issued free of charge by the seller in the context of promotions with a certain validity period and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be used in the Seller’s online shop and only be redeemed in the specified time period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the coupon promotion if there is a corresponding restriction on the contents of the promotional coupon.

11.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.

11.5 Only one promotional coupon can be redeemed per order.

11.6 The value of the purchase must be at least equal to the amount of the promotional voucher. Any residual balance will not be refunded by the seller.

11.7 If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

11.8 The balance of an action voucher will not be paid in cash nor paid interest on it

11.9 The promotional voucher will not be refunded if the customer returns all or part of the goods paid with the promotional coupon within the scope of his legal right of withdrawal.

11.10 The promotional voucher is transferable. The seller may provide with a discarding effect to the respective owner who redeems the promotional voucher in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to do business or the lack of representation rights of the respective owner.

 

12) Redemption of gift certificate

12.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift certificate”) can only be redeemed in the Seller’s online shop, unless otherwise provided in the voucher.

12.2 Gift certificates and balances of gift certificates are redeemable until the end of the third year after the year of the purchase of the gift certificate. Remaining credit will be credited to the customer up to the expiration date.

12.3 Gift certificates can only be redeemed before the order process is completed. Subsequent settlement is not possible.

12.4 Only one gift voucher can be redeemed per order.

12.5 Gift Certificates 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 certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

12.7 The balance of a gift certificate will not be paid in cash or interest.

12.8 The gift certificate is transferable. The seller may provide with a discarding effect to the respective owner who redeems the gift certificate in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to do business or the lack of representation rights of the respective owner.

 

13) Applicable law

13.1 All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

13.2 Furthermore, this choice of law does not apply to consumers who are not members of the European Union at the time of the conclusion of the contract and whose sole place of residence and address of delivery at the time of the the conclusion of the contract outside the European Union.

 

14) Alternative Dispute Resolution

14.1 The European 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

14.2 The seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration.

Meerbusch, March 2019
Dr. Geke & Analysts