General Terms and Conditions for the utilisation of the Contents of the Platform as well as of the Online Shop of forexsmartmoney.com 
between
Quantum Trade Solutions GmbH, Jahnstraße 43, 63075 Offenbach am Main, Germany, registered with the commercial register of the Local Court (Amtsgericht) in Offenbach am Main under number HRB 48296, represented by the managing directors Rolf Schlotmann and Moritz Czubatinski, each having the sole right of representation, VAT-ID No. DE299024904– 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 online shop 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)).
 
Article 2 – Subject matter of the contract / conclusion of the contract
(1)  The offers in the online shop shall be non-binding.
(2)  The Client can choose from the Provider’s range of products, in particular from the online video courses on foreign-exchange dealings, the access to an information forum not open to the public, as well as PDFs (in the following mentioned as the “Product”). 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 forexsmartmoney.com platform 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 the foreign-exchange dealings as a general learning tool. Information, statements or other declarations, which are provided in any kind and nature via the platform, 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.
(3)  In the order form and via the button “Order with payment obligation”, the Client shall submit a binding request to purchase the product. Before placing the order, the Client is able to change or review the data at any time. However, the request can only be submitted and transmitted if the Client has accepted these terms and conditions by clicking on the “Accept Terms and Conditions” button 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)  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 “Next” the data is checked for validity and the Client is transferred to the “Order overview” in case of verification. After the order is confirmed with the button “Order with Payment Obligation”, 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 “Order with Payment Obligation”, the purchase agreement will be concluded.To facilitate subscription payments, we use “Chargify” from Chargify LLC. Chargify is not the payment processort. Chargify builds the link between the customer and the payment processer (Stripe). You can view their pricavy policy here: https://www.chargify.com/privacy-policy/Before a new subscription period is started, an email reminder is sent out to the customer with the option to cancel the subscription. A customer can cancel his subscription plan and not be charged in the following subscription period.Paypal: As far as the Client chooses the payment option Paypal, after the completion of the ordering process with the button “Order with Payment Obligation”, 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. Digistore24, Gumroad, Kajabi) 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 in the online shop 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 online shop, in each case against invoice.
(4)  After the receipt of the payment, the Client will receive data access sent to them to the e-mail address indicated by the Client and by this, the Client will get the product ordered by them.
 
(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)  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.
(3)  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)  60-day money-back guarantee. The withdrawal from your account will be done by Digistore24
 
 
 
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.