General Terms and Conditions (GTC) of Neumann Capital AG (hereinafter referred to as NC AG) vis-à-vis Consumers in accordance with Section 13 of the German Civil Code (BGB)

 

§ 1 Scope of Application

The following General Terms and Conditions (GTC) shall apply exclusively to the business relationship between NC AG and the respective Customer in the version valid at the time of the order. Any deviating terms and conditions of the Customer shall require the express written consent of NC AG in order to be effective. This shall also apply if NC AG does not expressly object to the inclusion of the Customer's deviating terms and conditions.

 

§ 2 Content and subject matter of the contract with the respective Client, no investment advice.

(1) NC AG operates an Internet site for online-based training courses (trader coaching) in the area of exchange-regulated asset accumulation (shares, bonds, derivatives, funds, foreign exchange trading, etc.) and other publications in this context. The offered services / products etc. with the respective service description results directly from the published offers of NC AG.

 

(2) NC AG does not provide any banking transactions requiring a license within the meaning of Section 1 (1) of the German Banking Act (KWG) or financial services within the meaning of Section 1 (1a) of the German Banking Act (KWG). In this context, orders for the purchase, sale and exchange of various financial investment products or for their modification are generally not accepted by NC AG.

(3) NC AG does not owe any particular success beyond the provision of the respective services / products booked by the Customer. The services offered / information published etc. on the Website are not based on an individual examination of the personal circumstances of the respective Customer. The services / products etc. offered by NC AG are of an informational nature only, which support the Customer in his independent investment decision and inform the Customer about the material circumstances of the respective investment.

 

(4) In connection with the provision of the respective services / products etc. booked by the Customer, NC AG shall be entitled to a right to determine performance pursuant to Section 315 BGB.

 

(5) NC AG reserves the right to supplement and otherwise change the range of services and products at any time at its own discretion. Communication with the respective Customer shall generally take place electronically. NC AG shall provide the respective documents to the respective Customer by e-mail. In this context, the respective Customer generally agrees to electronic transmission / communication.

 

(6) The necessary technical requirements for the receipt / use of the respective services / products etc. are the responsibility of the respective Customer and are generally not owed by NC AG. NC AG expressly points out that the respective Customer shall convince itself of its technically required prerequisites prior to ordering the respective services / products etc..  

 

(7) Any reproduction (making copies, photos, videos or saving them on a hard drive, etc.) and commercial use of all purchased documents, services, products and other publications made available on our Internet site is generally only permitted with the written consent of NC AG. In the event of a violation of this indispensable requirement, NC AG reserves the right to claim damages in accordance with the German Civil Code (BGB) and expressly points out that this violation by the respective Customer may also have civil and criminal consequences.

 

§ 3 Conclusion of Contract

With the transmitted order of the respective Customer for services / products etc. of NC AG, which was placed under www.neumann-capital.com, the respective Customer receives an e-mail confirming the receipt of the order by NC AG.

The order of the respective Customer constitutes an offer to NC AG to conclude a contract. NC AG shall accept this offer promptly after verification.                

NC AG is not obligated to accept a contract.

 

§ 4 Prices and payment due date

(1) The purchase price for the respective services/products etc. offered by NC AG is currently shown on the Website at www.neumann-capital.com in the detailed description at the time of the order.

(2) All prices shown are gross prices including the statutory value added tax and also include the shipping costs.

(3) After conclusion (occurs with contract acceptance by NC AG) of the respective contract and issuance of the invoice, the invoice amount shall be due and may be paid by bank transfer, credit card or Paypal.

(4) Before the respective invoice amount has not been received in full by NC AG, there shall be no legal claim to the booked services / products etc. of NC AG.

 

§ 5 Obligations of the Customer

All required data must be truthfully and completely provided to NC AG by the respective Customer when ordering / booking the respective offered services / products etc. of NC AG.

 

§ 6 Revocation Periods

(1) The statutory revocation period for the respective Customer shall commence after NC AG has delivered acceptance of the contract by e-mail and may be made without giving reasons within the statutory period of 14 days.

(2) The revocation may be made in writing by e-mail, by fax or by mail and shall be addressed to:

 

Neumann Capital AG 

Altenhöferallee 15

D-60438 Frankfurt a.M.

Fax: +49 (0)69 95776098

E-Mail: info@neumann-capital.com

 

(3) The timeliness of the revocation shall be determined by the date of receipt of the revocation letter by NC AG. If the respective Customer exercises its statutory right of revocation in due time, it shall no longer be bound by its declaration of intent to conclude the contract with NC AG. An already established access to the respective booked services / products etc. shall be deactivated immediately.

 

§ 7 Disclaimer and risk information

(1) NC AG assumes no liability for published strategies and other trading suggestions. As a matter of principle, this published information does not constitute an invitation to buy or sell financial products of any classification (e.g. shares, bonds, funds, foreign exchange trading, derivatives, etc.). In this context, liability for direct and indirect consequences of all published content is generally excluded. NC AG obtains various information from trustworthy sources. However, no guarantee can be given with regard to the quality and truthfulness of this information. Readers who make investment decisions on the basis of this published information and enter into transactions in this context generally do so entirely at their own risk. NC AG does not assume any liability in this regard.

 

Important note: Only consumers who have read and understood the brochure "Basic Information on Financial Futures" available at banks and savings banks in accordance with Section 37d of the German Securities Trading Act (WpHG) and have read and signed the form "Important Information on the Risks of Loss in Financial Futures Transactions" are entitled to participate in trading in warrants and other financial futures transactions. Even under the aforementioned condition, the respective customer / reader basically acts at his own risk and peril.

 

(2) NC AG shall not be liable in principle for damage caused, for example, by force majeure, riots, war and natural events or by other occurrences for which it is not responsible (e.g. strike, lockout, traffic disruption, orders by public authorities in Germany or abroad, etc.). The basic exclusion of liability also refers to technical disruptions that are not culpably caused. In this context, intentional attacks on IT and EDP systems by "third parties", e.g. hackers or computer viruses, are also considered as force majeure. Appropriate protective measures are always taken in this context.

 

§ 8 Data security and data protection

(1) Personal data of the Customer may be collected, stored and processed by NC AG to the extent permitted by law. The Customer has the right to be informed at any time about the type and scope of its stored personal data and to demand the immediate deletion of its data, in compliance with the statutory provisions.

(2) NC AG is entitled to forward personal data in particular to vicarious agents.

(3) When forwarding personal data to NC AG, the respective Customer assures to comply with the current provisions of the German Data Protection Regulation (DS-GVO) and the German Federal Data Protection Act (BDSG) as a matter of principle.

 

§ 9 Website

(1) The information and services / products etc. published on the Internet pages of NC AG are accessible to both customers and non-customers. However, this information and services / products etc. published by NC AG are generally not directed at persons in countries that prohibit the presentation or access of the content posted therein. This applies in particular to U.S. persons, as defined in Regulation S of the Securities and Exchange Commission implementing the U.S. Securities Act of 1933, as well as Internet users in Japan, Northern Ireland, Great Britain and Canada.

 

(2) Important notice: Each user of the NC AG website is responsible for informing himself/herself about any restrictions before accessing the website and for complying with these legal requirements.

 

(3) As a general rule, all accessible information on the Internet pages of NC AG do not represent any specific recommendations to buy, hold or sell a financial product, etc.

 

(4) The information published on the Internet pages of NC AG does not replace any required legal or tax advice or any other required advice.

 

(5) For all investment decisions, which a

a customer makes for himself on the capital market, he should inform himself in depth about the opportunities and risks of his intended investment before concluding it.

 

(6) Important note: Positive past performance is no guarantee of future success. Losses can generally not be excluded in the future despite positive past results.

 

(7) NC AG assumes no liability for the content of external links. The respective operators are solely responsible for the content of the linked pages. In this context, liability for the respective content of such websites is excluded to the extent permitted by law.

 

§ 10 Copyright

In accordance with the legislation, NC AG owns the copyright for various publications, services / products, etc. on its Internet pages. Any duplication, processing, distribution or other use (in whole or in part) of such material beyond the scope of the copyright law shall require the prior written consent of NC AG.

 

§ 11 Cookies

In order to enable customers / readers to access the NC AG website more quickly and individually, NC AG uses so-called cookies. It is of course possible to block the storage of cookies on computers by making the appropriate settings in the browser.

 

§ 12 Changes to the GTC and products of NC AG

NC AG continuously adjusts the publications, services / products etc. offered on its Internet pages. For this reason, it is recommended that you inform yourself at regular intervals about the currently valid contractual bases, publications, services / products, etc.

 

 

§ 13 Applicable Law and Place of Jurisdiction, Severability Clause

(1) The General Terms and Conditions (GTC) of NC AG as defined and agreed herein shall be governed exclusively by the laws of the Federal Republic of Germany. The place of jurisdiction shall be the registered office of NC AG in accordance with the following summonable address.

 

Neumann Capital AG 

Altenhöferallee 15

D-60438 Frankfurt a.M.

 

(2) If individual provisions / agreements of the General Terms and Conditions (GTC) are or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on a new provision that is equivalent for both sides.

 

Frankfurt am Main, January 02, 2021

© Copyright 2021 Neumann Capital AG - Reproduction prohibited