Standard Terms and Conditions (STCs)

between

Börsenmedien AG, represented by the Management Board Bernd Förtsch (Chairman), Am Eulenhof 14, 95326 Kulmbach, registered in the Commercial Register of AG Bayreuth HRB 2954, email: abo@boersenmedien.de, tel: 09221/9051110, Fax: 09221/90514000

- hereinafter referred to as the "Provider" -

and

the Customer referred to in Section 3

- hereinafter referred to as the "Customer" -

1 Scope of application and basis of the contract

  1. These Standards Terms and Conditions (hereinafter referred to as "STCs") of the Provider shall apply to all business relations between the Provider and the particular customer for all services rendered by the Provider in the version valid at the time of conclusion of the contract.
  2. The Provider generally does not recognise the Customer’s terms and conditions which contradict or deviate from these STCs. Exceptions only apply with the Provider’s express written approval. These STCs shall also apply if the Provider renders services to the Customer with knowledge of terms and conditions that conflict with or deviate from these STCs.

2 Services

The Provider sells the products of Börsenmedien AG on its Internet platform. These include both print editions and digital products. The particular product description provides details and offer combinations.

3 Customer

  1. A Customer or Customers as defined in these STCs can mean both consumers and entrepreneurs (businesspersons).
  2. According to Section 13 German Civil Code (Bürgerliches Gesetzbuch, or BGB), a consumer means every natural person who enters into a legal transaction for a purpose that is predominantly outside his or her trade, business or profession.
  3. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or her trade, business or profession, Section 14(1) BGB (German Civil Code)
  4. The services of the Provider may only be used by customers who are not minors and who have an unlimited capacity to contract. For a legal person or partnership with the capacity to contract, these services may only be ordered by a person with unlimited capacity to contract, who are not minors, and thus are entitled to represent it
  5. The Provider addresses their offer exclusively to customers in the countries of the European Economic Area and in Switzerland. In particular, the offer is not addressed to customers who are normally resident or who have their registered offices in Japan, Canada, the United Kingdom or the United States of America.

4 General provisions on orders

  1. The representation of the product on the internet platform is not a binding declaration of intent on the part of the Provider.
  2. The Customer submits a binding offer by pressing the “Buy Now” which sends their order in the last step of the ordering process. Immediately after the order is sent, the Customer will receive a notification, which confirms the receipt of the offer, but at this stage is not yet a declaration of acceptance by the Provider. A contract is concluded when the Provider confirms the offer of the Customer via separate email. It is the responsibility of the Customer to regularly check his email inbox including the Spam folder. The Provider may refuse acceptance at any time, and without giving reasons, any time before the binding declaration of acceptance has been sent. There is no entitlement to the conclusion of a contract
  3. During the ordering process, the Customer chooses the services it wants in accordance with Section 2 of these STCs and provides their or their particulars an intended means of payment from the options given in Section 8(3) of these STCs. Before pressing the "Buy now" button, the Customer will be asked to check the data they have provided a second time. If the Customer makes an erroneous input or provides incomplete information, the data will be displayed again before being sent. The Customer has the right to cancel the ordering process at any time before pressing the "Buy now" button without giving reasons.
  4. Ordering is only possible if the Customer expressly accepts these STCs as well as the Provider’s Data protection regulations according to Section 11 of these STCs.
  5. In the event of delivery disruptions due to force majeure, including strikes and lockouts, the duties of performance of both the Customer and the Provider shall be suspended for the duration of the delivery disruption.
  6. Subscriptions are resumed with the next available issue or next available date, unless a later date was indicated when the order was placed. Detailed information on the subscription and cancellation periods is included in the description of the respective product. Unless otherwise stated in the product description, the subscription shall be automatically renewed for a period of one year unless the Customer cancels the subscription in text form or by email to the Provider six (6) weeks before the end of the subscription period in question. Termination for a compelling reason remains unaffected. It should be specifically noted that the Customer can prevent the automatic renewal of the contract by means of timely termination.
  7. If the place of performance is in Austria or Switzerland, the Provider undertakes to inform the Customer separately and in good time before the end of the notice period about the option to terminate. Since the notice period already starts running upon the conclusion of the contract and ends six (6) weeks before the end of the particular subscription period, the Customer will be given notice eight (8) weeks before the end of the subscription period. As a result, the Customer shall have at least two (2) weeks to submit a notice of termination.
  8. The Customer shall notify the Provider of any changes affecting the performance of services under this contractual relationship, in particular billing, postal address and email address, at least ten (10) working days before the desired date of change.

5 Orders of print editions

  1. In the case of delivery of printed matter, the risk of accidental loss and accidental deterioration of the goods sold shall, in the case of a remote sale pass to the Customer upon the delivery of the goods to the Customer or to a person designated by him.
  2. The ordered goods remain the property of the Provider until full payment has been received.
  3. As part of the Provider's vacation service, the Customer may arrange for temporary redirection, rerouting to a third party, or interruption of delivery if the Customer notifies the Provider of the requested temporary change at least five (5) business days prior to the publication of the first issue for which the temporary change is requested. Within Germany, this service is provided at no additional cost; overseas, local postage and shipping charges apply.

6 Orders of digital products

  1. The Provider makes the digital products available. The Customer will be sent notification of this by email. It is the responsibility of the Customer to regularly check their email inbox including the Spam folder. The digital products are made available irrespective of this customer notification. the Customer will still be able to access the products in their customer account even if they have not acknowledged the notification of the availability of the product.
  2. By being given access to the products, the Customer is granted the right to use these products for personal informational purposes and copy the products to the drive of their computer. Downloading and temporary storage for private purposes is permitted. The Customer is only entitled to print out the document for their own information purposes. The Customer may use retrieved text exclusively for their own use. The entitlement set out in Section 6(2) shall not be transferable and shall apply only if copyright notices and reproductions of trade marks and names in the copies remain unchanged.
  3. The rights of use of digital products are only revocable until full payment.
  4. Unlimited access to the data cannot be guaranteed. We recommend that the Customer save the ordered digital products locally on their end devices. The Provider will keep the ordered digital products and access to them free of interruption as much as possible. No warranty is assumed for the availability at all times. In particular, interruptions in service due to scheduled maintenance work, system updates or technical faults that are beyond the control of the Provider are possible.
  5. It is the responsibility of the Customer to ensure that they are able to establish an uninterrupted access over the Internet to external servers from their terminal device, that they are able to store the data that is sent, and that specific display software is available to them in accordance with the instructions in the respective product description for obtaining the individual services of the Provider.

7 Copyright

  1. In their relationship with the Customer, the Provider is exclusively entitled, in particular to the rights of use and rights of exploitation of the text contained in the products of the Provider which are subject to copyright.
  2. Any use of the Provider's products beyond the rights of use that were granted, in particular by publishing the products on the Internet, or the unauthorised duplication, modification, reprinting, distribution or making them available to others, is not permitted. There are no limitations on permitted use under the Copyright Act.
  3. Insofar as the Customer is an entrepreneur (businessperson) within the meaning of Section 3(3) of these STCs, in particular if they perform unauthorised acts of exploitation in accordance with Section 7(2) of these STCs in return for payment, it undertakes to pay the Provider for each case of culpable infringement of Section 7(2) of these STCs- to the exclusion of the continuation connection - a reasonable contractual penalty to be determined by the Provider at its discretion and, in cases of dispute, to be examined by the competent court.
  4. Claims for damages over and beyond the contractual penalty as per Section 7 (3) of these STCs as a result of the violation of Section 7(2) of these STCs shall remain unaffected. Nonetheless, the contractual penalty shall be set off against any such claim for damages.

8 Prices, due date and payment

  1. The price stated in the product description at the time of the conclusion of the contract shall apply. All prices quoted are inclusive of VAT, at the current statutory rate. The Customer shall bear all additional taxes and customs duties. The delivery of print editions is free of shipping costs within Germany, for deliveries abroad a country-specific postage and shipping fee is charged.
  2. The Customer is obliged to pay in advance for the agreed term from the conclusion of the contract.
  3. The Customer can choose to pay by invoice, credit card, direct debit, PayPal or Amazon Payments.
  4. When paying by invoice, the Customer will receive an invoice by email to their specified email address immediately after it becomes due for payment. The Customer must settle this invoice within the payment period specified therein. If the Customer is in payment arrears, the Provider shall be entitled to charge interest on the default in the amount of five (5) percentage points above the applicable European Central Bank p.a. base rate. Where it can be proven that the Provider has incurred higher damages due to the delay, the Provider is entitled to claim these damages.
  5. When making payments by credit card or direct debit, the credit card will be charged / the Customer's account debited at the time the payment becomes due.
  6. When making payments via PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply. The Customer can access the terms of use for payment from an existing PayPal account here https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. The provisions for payments without the Customer using a PayPal account can be found under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
  7. When making payments via Amazon Payments, payment is processed using the payment service provider Amazon Payments Europe S.C.A., 38 Avenue J. F. Kennedy, L-1855 Luxembourg. To use this method of payment, the Customer must have an Amazon account. The terms of use of Amazon Payments Europe apply. the Customer can view these here https://pay.amazon.de/help/201751590.
  8. If the service is made up of subscriptions, the Provider is entitled to increase the price at their discretion after the expiry of the minimum contractual period of the subscription where this increase is based on a general price increase (in particular taking into account the retail price where the products are also sold as individual issues) or its costs. The Provider shall inform the Customer about the increase within a reasonable period of time and shall expressly give them the opportunity to object and to terminate the contract without notice. In the event of an objection, the Provider will be entitled to terminate the subscription for a compelling reason. The new prices shall apply from the effective date of the increase. That said, any prices already paid in advance are guaranteed for the period of the advance payment and will not be increased.
  9. Terminating the contract or exercising a right of withdrawal do not entitle the Customer to have amounts paid by way of direct debit charged back by the bank. The Customer is required to provide compensation for the loss caused by bank charges and administrative expenses of a chargeback in the amount of the actually incurred fees. The Customer shall bear the burden of proof that a lower loss or no loss was incurred.

9 Warranty and liability

  1. The Provider is liable for material defects in accordance with the statutory provisions.
  2. The Provider is liable for intent and gross negligence as well as for losses arising from injury to life, body or health for damages or reimbursement of futile expenditure in accordance with statutory provisions.
  3. When breaching a condition, the Provider is liable for slight/simple negligence. A condition is a contractual term without which proper performance of the contract would not be possible in the first place, on whose compliance the Customer regularly relies or is entitled to rely. However, insofar as the breach of a condition was only slightly negligent and did not result in injury to life, body or health, claims for damages shall be limited in amount to the loss that is typical and foreseeable.
  4. The Provider shall be liable without limitation to the extent of any warranty assumed by them.
  5. The Provider does not assume any further liability.
  6. The Provider is not liable for damages that may result from high-risk investments in stocks, options/futures and foreign exchange transactions. In particular, it is the Customer’s responsibility to verify, before placing a securities order, whether the security to be traded actually has the assumed characteristics in terms of price, underlying value, and characteristics.

10 Right of withdrawal

If the Customer is a consumer within the meaning of Section 3(2) of these STCs, they shall be entitled to a right of withdrawal in accordance with the instructions set out in the Annex.

11 Data protection

The Provider’s current privacy policy can be found under the link (German) https://www.boersenmedien.de/datenschutz.html. The Provider expressly draws the readers’ attention to the fact that the Internet does not allow for absolute data security despite all technical precautions that are made. The Provider is not liable for the actions of third parties.

12 Risks

The Provider points out that investments in securities, money market instruments, derivatives and/or other financial instruments are generally risky. A total loss of the capital invested cannot be ruled out. In the case of special forms of trading (e.g. CFDs, futures, spot market), in extreme cases there may be an obligation to make additional payments, so that the losses may exceed the capital invested. No reliable statements about the future performance of the presented financial instruments can be derived from past performance. The information provided by the Provider is in no way a substitute for professional advice specifically tailored to the personal and financial circumstances of the Customer.

13 Final provisions

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if the Customer's habitual residence is in the Federal Republic of Germany or in a state which is not a member of the European Union. If the Customer habitually resides in another member state of the European Union, mandatory provisions of the state in which the Customer has their habitual residence shall remain unaffected.
  2. The Provider is entitled to change these STCs at any time with ex nunc effect. The Provider shall inform the Customer in good time in writing, by email or in any other suitable manner of any changes or amendments to the STCs and shall give the Customer the opportunity to verify the STCs. Changes and adjustments shall be deemed to be approved and binding for the existing contractual relationship if the Customer does not object to them by email, fax or in writing to the Provider. The Provider must receive the objection of the Customer within six (6) weeks of the receipt of the information. The Customer will be specifically informed of this legal consequence in the information on the changes and adjustments. If the Customer objects in due time, the Provider has the right to terminate the contract without notice. Where the Customer does not object to the changes and adjustments, they shall enter into effect from the end of the period specified in clause 4 of this provision.
  3. These STCs are provided exclusively in German.
  4. The Provider does not store the text of the contract, which would be accessible to the Customer after the conclusion of the contract.
  5. Should individual provisions of the STCs be or become invalid in whole or in part, or should an unforeseen legal loophole arise, the validity of the remaining provisions or parts of these provisions shall remain unaffected. The invalid or missing provision shall be replaced by the respective legal regulations.
  6. The Customer is not allowed to assign claims to which they are entitled from the business relationship with the Provider.
  7. Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution in Consumer Matters) created an online platform for the out-of-court settlement of consumer disputes. This online platform can be found at http://ec.europa/consumer/odr/. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before consumer arbitration boards.
  8. Insofar as an agreement on the place of jurisdiction is legally permissible, the place of jurisdiction for all present and future claims and disputes between the Provider and the Customer arising from or in connection with this agreement shall be Kulmbach, Germany.

INSTRUCTIONS ON WITHDRAWAL

1. Printed matter

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us at Börsenmedien AG, Am Eulenhof 14, 95326 Kulmbach, email: abo@boersenmedien.de, Tel: 09221/9051110, Fax: 09221/90514000, of your decision to withdraw from this contract by an unequivocal statement in text form (e.g. a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We expressly point out that the Customer must bear any costs for returning the goods.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the period of fourteen (14) days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

2. Digital products

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the date of conclusion of the contract.

To exercise the right of withdrawal, you must inform us at Börsenmedien AG, Am Eulenhof 14, 95326 Kulmbach, email: abo@boersenmedien.de, Tel: 09221/9051110, Fax: 09221/90514000, of your decision to withdraw from this contract by an unequivocal statement in text form (e.g. a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Premature lapse

Your Right of withdrawal shall lapse prematurely pursuant to Section 356 (5) BGB in the case of a contract for the delivery of digital content not on a physical data carrier if the entrepreneur has commenced performance of the contract after you have expressly consented to the entrepreneur commencing performance of the contract prior to the expiry of the revocation period and you have confirmed your knowledge of the fact that you lose your right of withdrawal through your consent upon commencement of performance of the contract.

3. Special arrangements for Austria and Switzerland

In the case of orders where the place of performance is in Austria or Switzerland, there is no text form requirement for the withdrawal to be effective. The withdrawal can also be done orally.