Allgemeine Geschäftsbedingungen der DowHow Trading UG
§ Scope of application
(1) These General Terms and Conditions (hereinafter: GTCs) apply to all legal transactions between us, namely,
DowHow Trading UG (limited liability),
Europaring 4,
94315 Straubing
CEO: Markus Gabel
Register Court: District Court Straubing
Register Number: HRB 12487
(hereinafter: Seller) and you (hereinafter: Customer). The GTCs apply regardless of whether you are a consumer, entrepreneur, or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation, and our acceptance statement.
(3) For contracts for the provision of digital content, these GTCs apply correspondingly, unless otherwise stipulated. Digital content within the meaning of these GTCs are data that are created and provided in digital form.
(4) For contracts for the provision of license keys, these GTCs apply correspondingly, unless otherwise stipulated. In this case, the seller owes the provision of a license key for the use of the digital content or digital services (hereinafter “digital products”) described by him, as well as the granting of the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property in the digital product. The respective product description of the seller is decisive for the condition of the digital product.
(5) Consumer according to § 13 BGB (German Civil Code) is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
(6) Entrepreneur according to § 14 BGB (German Civil Code) is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(7) The sale of all products is processed via the online platform www.elopage.com of elopage GmbH.
elopage GmbH
Kurfürstendamm 208,
10719 Berlin
Therefore, the GTCs of elopage GmbH apply to the use of the online platform www.elopage.com as well as to the initiation and conclusion of the contract for all legal transactions between elopage GmbH and the customer who uses the offers of elopage.
(8) The version of the GTCs valid at the time of the conclusion of the contract is decisive.
(9) We do not accept differing conditions of the customer. This also applies if we do not expressly oppose their inclusion.
§ 2 Contract conclusion
(1) The presentation and promotion of products on our website www.dowhow-trading.com do not constitute a binding offer to conclude a sales contract, but serve for the submission of a binding offer by the customer.
(2) An order is made through the selection of the respective product on www.dowhow-trading.com, following these steps:
(a) Choose a product via the different tabs of the menu navigation. This takes you to the subpage of the selected product.
(b) Each offered product is presented on its own subpage, which contains all information, content, and the purchase price.
(c) If you want to proceed to the payment page, click on “Sign up now” or “More information”.
(d) This takes you to the payment page of elopage. The entire ordering process is handled via the online platform www.elopage.com of elopage GmbH.
elopage GmbH
Kurfürstendamm 208,
10719 Berlin
Here, you enter the personal data necessary for the execution of the sales process. Finally, choose your desired payment method.
(3) The payment methods available to you are credit card, SEPA, instant transfer, or payment via PayPal.
(a) When choosing one of the payment methods offered by PayPal, the payment processing is done by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal), under the application of the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal selectable in the online ordering process, the seller already declares the acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.
(b) When choosing the payment method credit card via Visa/Mastercard, the invoice amount is due immediately upon conclusion of the contract. The payment processing is carried out via the respective credit institute.
(c) When choosing the payment method “SOFORT”, the payment processing is done by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter SOFORT). To be able to pay the invoice amount via SOFORT, the customer must have an online banking account enabled for participation in SOFORT, identify themselves appropriately during the payment process, and confirm the payment instruction to SOFORT. The payment transaction is carried out immediately thereafter by SOFORT and the customer’s bank account is debited. More information about the payment method SOFORT can be found online at https://www.klarna.com/sofort/.
(4) Before completing the order, the customer expressly agrees by selecting the checkbox that the seller begins execution of the contract before the expiration of the withdrawal period. As a result, the customer loses their right of withdrawal before the expiration of the withdrawal period.
(5) By clicking on “Buy now”, a binding offer to conclude a sales contract is submitted.
(6) After successful completion of the ordering process, the customer receives an order confirmation with an overview of the purchase details and all necessary documents of the respective product. The contract is only concluded when the customer has received a declaration of acceptance in the form of an order confirmation by email.
(7) The order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails 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 third parties commissioned by the seller for order processing can be delivered.
§ 3 Right of Withdrawal
(1) Consumers are generally entitled to a right of withdrawal according to statutory provisions.
(2) If you, as a consumer, exercise your right of withdrawal according to clause 1, you must bear the regular costs of the reversal.
(3) Otherwise, the right of withdrawal is subject to the regulations detailed in the following:
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reasons.
The withdrawal period is fourteen days from the day you, or a third party nominated by you who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (insert the name of the business owner, address, and, if available, telephone number, fax number, and email address) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax, or email). You can use the provided model withdrawal form, but it is not obligatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website [insert website address]. If you use this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. via email).
To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you cancel this contract, we must repay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can 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.
You must return or hand over the goods to us or to [here, if applicable, the name and address of the person authorized by you to accept the goods must be inserted] immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for checking the condition, properties, and functionality of the goods.
- End of Cancellation Policy -
(3) This right of withdrawal expires upon the delivery of digital content according to § 356 V No. 2 BGB, if
(a) the consumer has expressly agreed that the entrepreneur starts with the performance of the contract before the end of the withdrawal period,
(b) the consumer has confirmed his knowledge that his right of withdrawal expires with the beginning of the performance of the contract according to subparagraph a, and
(c) the entrepreneur has provided the consumer with a confirmation according to § 312f BGB.
(3) The explicit agreement is made according to the form explained in § 3 III, whereby the customer agrees to the following declaration:
“I expressly agree that the execution of the contract will begin before the end of the withdrawal period. I am aware that my right of withdrawal will expire once the execution begins.”
Withdrawal Form
If you want to cancel the contract, please fill out this form and send it back.
To:
DowHow Trading UG (haftungsbeschränkt)
Europaring 4, 94315 Straubing, Deutschland
info@dowhow-trading.com
I/we () hereby revoke 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 for notification on paper) Date
___________
(*) Delete as applicable
§ 4 Prices, Payment Terms and Offsetting
(1) Unless otherwise indicated in the seller’s product description, the stated prices are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be separately stated in the respective product description.
(2) The payment options (credit card, SEPA, instant transfer, or PayPal) are listed for the customer on the elopage payment page and can vary depending on the product.
(3) An invoice is automatically generated by elopage through the payment system after the order is completed. This can generally be accessed via a link in the order confirmation in the form of a PDF document. The invoice amount is due immediately upon receipt of the order confirmation.
(4) Access to the respective products is granted directly after purchase completion without prior payment receipt. When purchasing an Expert Advisor or an Indicator, the software license key for the associated software must be individually generated. The transmission may therefore take 24 hours or longer.
(5) If the customer is in default, we are entitled to withhold the service or delivery until all due claims have been settled. If the customer does not make a payment on a reminder from the seller after the due date, the customer is in default due to the reminder.
(a) As a result of the default, the buyer has to pay the legally determined amount of default interest.
(b) If the buyer is a businessman, a flat-rate reminder fee of 40.00 EUR will be due.
(6) The default interest is eight percent above the respective valid base rate.
(7) For installment payments, the first installment is due on the first day of the following month. By early full payment of the purchase price, the installment payment agreement expires before the end of the payment term.
(8) As a result of a return of the SEPA direct debit, chargeback fees and default interest at the legally prescribed rate will be incurred, which are to be borne exclusively by the buyer.
(9) If the buyer does not make payment despite a due claim after unsuccessful reminder, the claim will be handed over to a debt collection agency.
(10) If the customer does not make a payment on a reminder from the seller when an installment payment agreement has been made, the seller is entitled to terminate the installment payment agreement and demand the total amount.
(11) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert defects or counterclaims from the same sales contract.
(12) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same sales contract.
§ 5 Granting of Rights
(1) When purchasing an Indicator, the customer receives a simple, unlimited in time right to use the contract software to the extent granted in this contract upon full payment of the fee according to the respective license agreement.
(2) Access to the “Trading with Logic” course is granted as follows:
(a) After completing the order process, the customer receives an email that contains a link for initial registration. The customer must create a freely selectable password via this access link to access the protected area.
(b) With these access data (username, password), the customer is granted a permanent right to use the course. This data must be kept secret and protected from unauthorized third-party access.
(c) Access can be temporarily or permanently blocked in the event of violations of these GTC and/or applicable law.
(3) By purchasing the “Live Trading Community” membership, the customer is granted the right to use the DowHow Live Trading Room for one year. This includes participation in weekly webinars, access to the Trading Room, and use of the DowHow App.
(a) To participate in the weekly webinars, the customer must enter the access data sent as part of the order confirmation via the “Zoom” meeting software. After each webinar, a link to the webinar recording will be provided in the Trading Room.
(b) The Trading Room is located on the “tradersyard.com” platform. Previous registration via the link in the order confirmation is required for its use.
(c) The customer will receive a separate email with installation instructions for using the DowHow App.
§ 6 Warranty
(1) The seller guarantees the agreed condition and that the customer can use the contract software without violating third-party rights. The warranty for material defects does not apply to defects that result from the use of the contract software in a hardware and software environment that does not meet the intended use or for changes and modifications that the customer has made to the software without being authorized to do so by law, this contract, or due to a prior written consent of the seller.
(2) The customer must immediately check the contract software for obvious defects after receipt and immediately notify the seller if they exist, otherwise a warranty for these defects is excluded. The same applies if such a defect appears later; § 377 Commercial Code (Handelsgesetzbuch – HGB) applies.
(3) In the event of a material defect, the seller is initially entitled to subsequent performance, i.e. at his own discretion to remedy the defect (“rectification”) or replacement delivery. In the context of the replacement delivery, the customer may possibly take over a new version of the software, unless this leads to unreasonable impairments. In the case of legal defects, the seller will, at his own discretion, provide the customer with a legally flawless possibility to use the contract software or change it so that no more third-party rights are violated.
(4) The seller meets his obligation to rectify by providing updates equipped with an automatic installation routine for download on his homepage and offering the customer telephone or written support to solve any installation problems that may arise.
(5) The customer’s right to reduce the purchase price or withdraw from the contract at his discretion in the event of the rectification or replacement delivery failing twice remains unaffected. There is no right of withdrawal in the case of insignificant defects. If the customer asserts claims for damages or replacement of futile expenses, the seller is liable according to § 6.
(6) With the exception of claims for damages, warranty claims due to material defects expire in one year. The limitation period begins in the case of sale on a data carrier with the delivery of the contract software, in the case of sale by downloading from the Internet after notification and activation of the access data for the download area. For claims for damages and claims for reimbursement of futile expenses, § 6 applies.
§ 7 Liability
(1) The seller is liable without limitation
– in case of intent or gross negligence,
– for injury to life, body or health,
– according to the provisions of the Product Liability Act, as well as
– within the scope of a guarantee assumed by the seller.
(2) In the case of a minor negligent breach of a duty that is essential for achieving the contractual purpose (cardinal duty), the seller’s liability is limited to the amount of damage that is foreseeable and typical for the type of business in question.
(3) There is no further liability on the part of the seller.
(4) The above limitation of liability also applies to the personal liability of the seller’s employees, representatives, and corporate bodies.
§ 8 Security measures, audit right
(1) The customer will secure the contract software and, if applicable, the access data for online access from unauthorized third-party access by suitable measures. In particular, all copies of the contract software and the access data are to be kept in a protected place.
(2) The customer will enable the seller at his request to check the proper use of the contract software, in particular whether the customer is using the program qualitatively and quantitatively within the framework of the licenses he has acquired. To this end, the customer will provide the seller with information, grant insight into relevant documents and records, and allow an audit of the hardware and software environment used by the seller or an auditing company named by the seller and acceptable to the buyer. The seller may carry out the audit in the customer’s premises during his regular business hours or have it carried out by third parties obliged to maintain secrecy. The seller will ensure that the customer’s business operations are disturbed as little as possible by his on-site activities. If the audit reveals an excess of the acquired license number by more than 5% (five percent) or any other non-contractual use, the buyer bears the costs of the audit, otherwise, the seller bears the costs. All other rights are reserved.
§ 9 Confidentiality
(1) “Confidential Information” refers to all information and documents of a party that are marked as confidential or are considered confidential due to circumstances, in particular information about the respective party’s products, including object codes, documentation and other materials, operational processes, business relationships, and know-how.
(2) The parties commit to strictly and unconditionally maintain the secrecy of the other party’s confidential information and protect it through appropriate technical and organizational precautions.
(3) Exempt from the confidentiality obligation in paragraph 2 are such confidential information,
a) that were demonstrably known to the recipient at the conclusion of the contract or thereafter become known from a third party, without violating a confidentiality agreement, legal regulations or official orders;
b) that are publicly known at the conclusion of the contract or thereafter are made publicly known, provided this is not based on a violation of this contract;
c) that must be disclosed due to legal obligations or by order of a court or authority. As far as permissible and possible, the recipient obliged to disclose will inform the other party in advance and give them the opportunity to take action against the disclosure.
(4) The parties will only grant access to confidential information to those advisors who are subject to professional secrecy or who have previously been imposed obligations corresponding to the confidentiality obligations of this contract. Furthermore, the parties will only disclose the confidential information to those employees who need to know this for the execution of this contract, and oblige these employees to maintain confidentiality to the extent legally permissible even after their departure.
(5) Any culpable violation of these regulations entails a contractual penalty of 500 EUR. Further claims of the injured party remain unaffected.
§ 10 Copyrights
We hold copyrights on all images, films, and texts published in our catalog. The use of these images, films, and texts is not permitted without our express consent.
§ 11 Data processing for order processing
(1) If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we process the contact data you provide when ordering (name, address, email address) to inform you personally about upcoming updates within the legally prescribed period using a suitable communication method (e.g., post or email), as part of our legal information obligations according to Art. 6 Para. 1 lit. c GDPR. Your contact data is strictly used for communications about updates we owe and is only processed by us to the extent necessary for each information.
(2) As far as necessary for the handling of the contract for delivery and payment purposes, the personal data we collect according to Art. 6 Para. 1 lit. b GDPR will be passed on to the commissioned transport company and the commissioned credit institution.
(3) To process your order, we also work with the following service provider, who fully or partially supports us in the execution of closed contracts. The following personal data is transmitted to these service providers.
– Email address
– First and last name
– Address data
The order processing is handled by the provider “elopage”, who also uses the specified data for order processing. The data protection declaration can be viewed at the following address: https://elopage.com/privacy
§ 12 Other Provisions
(1) The customer may only transfer claims against the seller to third parties with the seller’s written consent.
(2) The customer may only offset with undisputed or legally established claims.
(3) Changes and additions to this contract require written form. This also applies to the change or cancellation of this clause. Electronic documents in text form do not fulfill the written form requirement.
(4) The customer’s general terms and conditions do not apply.
(5) This contract is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
(6) The place of performance is the place where the debtor had his residence at the time the obligation arose.
(7) If you are a merchant and have your seat in Germany at the time of ordering, the exclusive place of jurisdiction is the seller’s seat,
Europaring 4 – 94315 Straubing. Otherwise, the applicable legal provisions apply to local and international jurisdiction.
(8) If individual provisions of this contract are ineffective, this does not affect the validity of the remaining provisions. The contracting parties will endeavor to find an effective provision to replace the ineffective one, which most closely approximates the economic intent of the ineffective provision.
Please note that this is a translation of legal text and there may be nuances that are lost in translation. For an official translation, please consult a legal translation service or legal professional specializing in German to English translation.
Terms and Conditions effective as of: August 5, 2023
