General Business Terms
1 FIELD OF APPLICATION, CONCEPT DEFINITIONS
(1) Exclusively the following general business terms apply for the business relationship between the internet shop provider Metalgo Global Invest (“provider” in the following) and the customer (“customer” in the following). These apply in the framing that was applicable at the time of their drafting. Deviating conditions from the purchaser will not be recognized unless the provider agrees to their applicability explicitly in writing.
(2) The customer is the consumer insofar as the purpose of the requested deliveries and services cannot be calculated to his/her commercial or independent business activities. The company is, on the other hand, every natural or legal person or legally able partnership that trades in conclusion of the contract by performing their commercial or independent business activities.
2 SIGNING OF THE CONTRACT
(1) The customer gives over a claim to buy the ordered goods by activating an order. With this claim, the customer accepts the preexisting contractual stipulations.
(2) A purchase contract arises first if the provider explicitly confirms the signing of the contract via email or sending the bill, however, this is done upon receipt of the wares at the latest.
3 AVAILABILITY OF WARES
If the products chosen by the customer are not available at the time of the order, the provider will notify the customer. This also applies when the product is permanently not deliverable. In this case, there is no contract.
4 PRICES AND SHIPPING COSTS
(1) All prices that are shown on the provider's website are provided in Euros. They include the respectively applicable sales tax/VAT. Diversions in price due to programing assignments or particular customer wishes are possible with respective agreement.
(2) Postal and shipping costs for shipping inside of Germany are not incurred. The provider calculates a generally €10.00 charge for postal and shipping costs for shipping outside of Germany. You do not pay additional charges for cash on parcel delivery inside of Germany. Cash on parcel deliveries are not possible outside of Germany.
5 PAYMENT STIPULATIONS, PAYMENT DATE
(1) Generally, all wares (especially trading systems and signals) must be paid in advance. The delivery of wares is also available by cash on parcel delivery. We only deliver outside of Germany with advance payment. The billing amount is due directly following receipt of the confirmation of the task and should be paid by the customer in advance or by cash on parcel delivery before the sending of the wares. Payment via transfer to the provider's account is possible. Please ask about this with the contact form.
(2) Payment counts as successful only when the provider can access the payment.
6 DELIVERY, DELIVERY PERIOD
(1) As long as nothing else has been arranged, a delivery occurs from the provider's storage to the delivery address given by the customer.
(2) The delivery of the wares occurs by post unless otherwise arranged.
(3) The delivery period for the programing of trading systems is generally not longer than 28 days. When the ordered product is available, (especially EAs and half-automatic trading systems), the delivery occurs generally inside of 48 hours after receipt of payment and transfer of the signed data. Claims about predicted delivery periods are unbinding if the customer has not individually receipt a written binding agreement.
(1) Claims on the part of the customer for compensation for damages are ruled out. From this, damage to life, body, health or essential contractual responsibilities (cardinal duty) are exempt, as well as liability for other damages that are based on deliberate or extremely negligent infringement of the provider’s responsibilities, those of his/her legal representative or accomplice. Essential contractual responsibilities are those that are necessary for the completion of the contractual goal.
(2) In infringement upon essential contractual responsibilities, the provider is only responsible for damages that are both typical for the contract and foreseeable and if these have been caused negligently, unless it is a liability claim from damage to the life, body or health of a customer.
(3) The restrictions of paragraphs 1 and 2 apply for the legal representative and accomplices of the provider when claims apply directly against these parties.
(4) The stipulations of the Product Liability Act remain unchanged.
8 RISK WARNING, RESPONSIBILITY ON THE PART OF THE CUSTOMER
(1) The provider notes that trading with foreign currency is connected with both opportunities and risks. The offered spectrum of services is purely for experienced investors and should be counted as speculative in risk classes. The possibility of profit is always in the face of a high risk of loss. One must always check if possible losses can be carried up to the amount of the invested capital.
(2) Trading results from the past are no indicator of further development
(3) Our trading system as well as signals emitted from the system are not recommendations for trading on the foreign exchange market and are not investment consultations. If the user opens a particular position because of a signal given from our trading system, s/he is responsible for this. The system should be tested on a demo version before live trading. Speculations on forex should be undertaken with great care.
(4) There exist incalculable risks, such as disruptions to internet access, to email sending or other software problems.
(5) Despite careful provision of all information, trading systems and signals, the provider is not liable for possible failure. This especially applies for results coming from trading signals.
(6) If information from this website or from our other sources and products was used to trade independently, you take responsibility for this.
9 THE CONSUMER’S RIGHT TO CANCEL
(2) Wares that are able to be sent must be sent to the company Metalgo Global Invest at the cost and danger of the provider; however, the customer is responsible for the regular costs of sending the ware back if the net purchase price is not higher than €40.00 or if the customer has not yet produced compensation payment or partial payment at the time of cancellation in the case of a higher price, unless the delivered ware does not correspond to the ordered ware.
(3) In the case of an effective cancellation, the provider reimburses the customer the already paid purchase price. If the customer cannot return the received service, or can only return it in poor condition, s/he must provide compensation, even when the damage arose from regular use. The reduction in value can correspond to the total purchase price. A reduction in value can be avoided by the customer in that s/he does not use the ware like an owner and avoids everything that could affect its value.
10 EXCLUSION OF PARTICULAR COUNTRIES
The website is not designed for distribution or use in such countries in which the content breaks any laws or regulations. If customers live in countries in which the offered services, investment forms or wares break any laws, regulations or stock market nuances, use is prohibited.
11 NOTE ON DATA
(1) The provider receives data from the customer in the context of drawing up a contract. S/he notes in this case the regulations of the German Federal Privacy Law. The provider can only gather inventory and use information without customer consent as long as this is necessary for the development of the contractual relationship and the implementation and calculation of telephone services.
(2) The provider will not use the customer’s data for the purposes of advertisement, market or opinion research without the consent of the customer.
12 FINAL STIPULATIONS
(1) The laws of the Federal Republic of Germany are applicable for contracts between providers and customers under the UN purchasing law.
(2) As long as the customer is a business person, a legal person of public law or publically legal special assets, the area of jurisdiction is the residence place of the provider for all conflicts from contractual relations between the customer and the provider.
(3) The contract remains binding in its other parts in the case that particular points are legally ineffective. Effective stipulations whose effects come closest to economic goal setting should be put in place of ineffective or unfeasible points.