|General Terms and Conditions for the utilisation of the Contents of the Platform as well as of the Member Area of Niclashummel.com
|Niclas Hummel Trading, Harriet-Straub Str. 33, 79100 Freiburg, Germany,
– hereinafter referred to as the “Provider”
|and you as our client
– hereinafter referred to as the “Client”
Article 1 – Scope of application, definitions
|(1) The business relationship between the Provider and the Client shall be governed exclusively by the following General Terms and Conditions in their valid version at the time of use or order. Any deviating general terms and conditions of the Client are not recognized unless the Provider expressly agrees to their validity in writing.|
|(2) The product offer in our member area is directed to consumers and entrepreneur alike, however, only to end customers. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person, who enters into the contract for a purpose, which neither can be ascribed to their commercial nor to their self-employed occupation (section 13 of the German Civil Code (BGB) and (ii) an entrepreneur is a natural or a legal entity or a partnership with legal capacity, which respectively who is acting in performing their commercial or self-employed occupation at the time of the conclusion of the contract (section 14 subsection 1 German Civil Code (BGB)).|
(3) The contracts with the Client shall only be concluded in English.
|Article 2 – Subject matter of the contract / conclusion of the contract|
|(1) The offers in the member area shall be non-binding.|
|(2) The Client can choose from the Provider’s range of products, in particular from the online video courses on futures, options and stock trading dealings, the access to a member update area not open to the public. As a matter of principal, the Products are divided into different packages with different scope of services and in some cases they offer access to the Niclas Hummel Trading Member area with its own access credentials. The subject matter of the contract shall only be the provision of general information and the offering of video courses relating to futures, options and stock trade dealings as a general learning tool.|
(3) In the order form and via the button “Pay Now”, the Client shall submit a binding request to purchase the product. The client is automatically accepting the “Terms and Conditions” as declared on https://niclashummel.com/terms-and-conditions and has thereby included them into their request. The automatic acknowledgement of receipt documents shall only state that the Client’s order has been received by the Provider and it shall not be an acceptance of the request. The contract shall only be concluded upon submission of the Provider’s declaration of acceptance, which is sent with a separate e-mail (confirmation of order).
(4) Information, statements or other declarations, which are provided in any kind and nature via this website including the suggestions and info graphics on the Risk Simulator (https://niclashummel.com/risk-simulator) , shall at no point be a concrete investment recommendation and shall not be the subject matter of the contract. Success shall expressly not be owed.
|(5) In deviation thereof, in the event of a payment with a credit card or with Paypal, the purchase agreement shall be concluded as follows:
Credit card: When choosing the credit card payment method, the customer is prompted to enter their credit card number, validity and verification number. When clicking on “Register” the data is checked for validity and the Client is transferred to the “Succes Page" in case of verification. After the order is confirmed with the button “Pay now”, the Client will be transferred to the website of the company’s bank, if necessary, as far as the Client is registered for the 3D-Secure procedure / Verified by Visa / MasterCard SecureCode. By clicking on the button “Pay now”, the purchase agreement will be concluded.
Paypal: As far as the Client chooses the payment option Paypal, after the completion of the ordering process with the button “Pay now”, the Client will be directly transferred to Paypal. The Client will have to log into Paypal with their user name and password and they confirm the payment by clicking on the button “Pay Now”. By clicking on this button, the purchase agreement will be concluded.
(5): Insofar as products are offered via an external platform (i.e. Gumroad) the sale takes place via this external platform and to the contractual conditions specified therein. In this case, the Provider is not a contractual partner to the Client and insofar assumes no liability and warranty.
Article 3 – Prices and Delivery
|(1) The prices indicated for entering the member area do neither include the statutory value added taxnor any shipping costs. Value added tax shall be borne by the Client as far as applicable under the relevant tax regulations. As far as any customs duties or other levies should incur, they shall be paid by the Client.|
|(2) The payment of the purchase price shall be due immediately after the conclusion of the contract.|
|(3) As far as nothing else has been agreed explicitly, we will only deliver against payment in advance in the payment mechanism indicated in the member area, in each case against invoice.|
|(4) After the receipt of the payment, the Client will receive the access data for the online platform sent to them to the e-mail address indicated by the Client and by this, the Client will get the product ordered by them.|
Article 4 – Warranty / Liability
|(1) Any liability shall expressly be disclaimed for risks from investment transactions or other dispositions, which the Client makes on the basis of an information or a market analysis. Any and all information is provided on a general basis without obligation and without a concrete recommendation for action.|
|(2) Apart from that the Provider shall be liable according to the applicable stipulations regarding the liability for defects, in particular according to the sections 434 et seq. German Civil Code (BGB), as far as nothing deviating has been agreed. Vis-a-vis entrepreneurs the warranty period for goods supplied by the Provider shall be 12 months.|
|(3) For damages or the reimbursement of wasted expenses – regardless of the legal ground – the provider shall be liable as follows:
(a) In the event of intent and gross negligence, the Provider shall be liable without limitation. In the event of ordinary negligence, the Provider shall only be liable for losses resulting from the violation of an essential contractual duty. An essential contractual duty is an obligation, whose meeting makes the proper execution of the contract possible in the first place and on the observance of which the Client is always relying and may rely; in this event, however, the Provider’s liability shall be limited to the compensation of the loss typical and foreseeable for the contract.
(b) The exemption and limitations of any liability resulting from the stipulation stated above shall not apply as far as the Provider has maliciously concealed a defect or assumed a warranty for the quality of the goods, for damages arising from injury to life, body and health as well as in the event of a liability according to the German Product Liability Act (Produkthaftungsgesetz).
(c) As far as the Provider’s liability is excluded or limited, this shall also apply to the personal liability of the legal representatives and vicarious agents of the Provider.
|(4) Towards entrepreneurs only, the following shall apply: immediately after its receipt, the Client has to examine the product carefully. The product supplied shall be deemed as approved, if the Provider is not notified of a defect (i) in the case of obvious defects within five working days from the delivery or (ii) otherwise within five working days from the detection of the defect.|
Article 5 – Intellectual property rights and copyright
|(1) The Client is granted the non-exclusive right to use the product provided within the framework of this contract. The Client shall not get a right going above and beyond, in particular they shall not be entitled to re-distribute the products or to use them commercially.|
|(2) The Client shall not be entitled to make copies of the products.|
Article 6 – Privacy
|The Provider may process and store the data relating to the respective purchase agreements as far as this is required for the performance and handling of the purchase agreement and as long as the Provider is obliged to store theses data on account of statutory provisions.|
|Article 7 – Notification of right of withdrawal|
|(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Provider subsequently informs in accordance with the statutory provisions. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
Notification of right of withdrawal / right of withdrawal
You have the right to withdraw from this agreement within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, took the first consignment of goods into your/their possession.
In order to exercise your right of withdrawal you must inform us, Niclas Hummel Trading, Harriet-Straub Str. 33, 79100 Freiburg, Germany [phone, e-mail] of your decision to withdraw from this agreement by means of a clear statement (e.g. by mailed letter or e-mail). You may use the attached withdrawal form, although this is not required.
The withdrawal period has been observed so long as you dispatch the notification of your exercise of the right of withdrawal prior to the end of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this agreement, we are obliged to reimburse all payments which we have received from you, including delivery costs (excluding any additional costs resulting from your opting for a type of delivery other than the cheaper standard delivery offered), immediately and at the latest within fourteen days from the date on which we received your notification of withdrawal from this agreement. For this repayment we will use the same method of payment which you used for the original transaction, unless something different is explicitly agreed with you; in no case will you incur any fees as a result of this repayment. We may refuse this repayment until we receive the returned goods or until you have provided evidence that you have returned the goods, whichever of these occurs first.
All goods you have received must be returned or delivered to us immediately, and in any case at the latest within fourteen days from the date on which you inform us of the withdrawal from this agreement. This period shall be observed so long as you dispatch the goods prior to the end of the period of fourteen days.
You are responsible for the direct costs of the return of the goods.
Your are only responsible for any loss of value of the goods if such loss of value is the result of handling not required to determine the suitability, characteristics and function of the goods.
|(2) (a) The right of withdrawal does not apply to contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(b) The right of withdrawal expires in the case of a contract for the delivery of digital content being not on a physical medium, if the Provider has started to execute the contract after the consumer
1. expressly agrees that the Provider will commence execution of the contract before the expiry of the withdrawal period, and
2. has confirmed his knowledge of losing his right of withdrawal by agreeing to do so when the contract is executed.
|(3) The Provider herewith informs according to the legal regulation about the sample withdrawal form as follows:
Template withdrawal form:
(If you wish to withdraw from the agreement, please complete this form and return it to us.)
Niclas Hummel Trading
Harriet-Straub Str. 33
I/We (*) hereby withdraw from the agreement which I/we (*) concluded for the purchase of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s):
– Adress of the consumer(s):
– Signature of the consumer(s): (only for notification on paper)
(*) delete as appropriate
|Article 8 – Miscellaneous|
|(1) The law of the Federal Republic of Germany shall exclusively apply to any contracts made hereunder between the Provider and the Client, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions in particular of the state, in which the Client as a consumer have their regular abode, shall remain unaffected.|
|As far as the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes resulting from contractual relationships between the Client and the Provider shall be the Provider’s place of business.|
|(3) Settlement of disputes: The EU Commission has established an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. Further information can be retrieved with the following link: http://ec.europa.eu/consumers/odr. We are neither prepared nor obliged to a participation in dispute settlement proceedings in front of a consumer arbitration board.|