Terms of Service
I. General information
All deliveries and services of the company Forex-Navigator (hereinafter referred to as “Fx-Nav”) are exclusively based on these general conditions of sale and delivery. They shall also apply to all future business relations; This also applies if they are not expressly agreed again. These general terms and conditions apply to consumers, companies, legal entities of public law or public special funds within the meaning of § 310 para. 1 sentence 1 BGB (hereinafter referred to as “customers”). The use of deviating general terms and conditions of the customer is expressly rejected. Declarations by Fx-Nav, in connection with contracts contained in doubt no assumption of a guarantee.
II. Conclusion of contract
Offers are free. Obvious errors, writing and calculation errors remain reserved and do not bind Fx-Nav. Fx-Nav assumes no procurement risk. Fx-Nav is entitled to rescind the contract insofar as it does not receive the delivery item despite the previous conclusion of a corresponding purchase contract; The responsibility of Forex-Nav for intent or negligence shall remain in accordance with the regulation section “IX. Liability “(see below). Forex-Nav will promptly inform the customer of the timely availability of the delivery item and, if he wishes to resign, immediately exercise the right of withdrawal. Forex-Nav will immediately reimburse the customer for the corresponding consideration. The order of the customer is verbal, e.g. (Internet, T-Online, AOL, Compuserve, MSN, .NET) or via any other communication services, by telephone, fax or e-mail. The customer bears the risk of transmission, in particular for a vague, incomplete or otherwise incorrect transmission of information on the order. The order of the customer is binding for him with sending to Fx-Nav, whereby the electronic access is sufficient. Fx-Nav accepts this order by confirming the order. It is only with the receipt of these at the customer that Fx-Nav assumes the delivery obligation on the part of Fx-Nav, subject to the regulation under II. The order confirmation can be replaced by delivery of the goods. Orders for deliveries that have been ordered by Fx-Nav from suppliers and which are not listed in the catalogs and price lists of Fx-Nav can not be canceled. Customers with the exception of consumers are excluded from § 312 e para. 1 sentence 1 no. 1 to 3 and sentence 2 of the German Civil Code (BGB).
III. Prices and terms of payment
The list prices at the time of the order are valid for all deliveries and services. With the appearance of a new price list, all previous lists lose their validity. The prices are inclusive of the statutory value added tax (VAT). Part deliveries and partial services may be invoiced separately. The prices are due immediately and without any deduction with receipt of the invoice at the customer. Payment shall only be deemed to have occurred if the claim amount has been credited to Fx-Nav’s bank account. The same applies to the redemption of checks. Fx-Nav points out that the customer is in arrears even without a reminder in the case of non-payment of invoice amounts due no later than 14 days after receipt of the invoice. If the customer is in default, Fx-Nav is entitled to interest of 5 percentage points, for customers who are not consumers, 8 percentage points above the respective base rate p.a. to demand. The right to assert a higher damage remains reserved to Fx-Nav. The customer shall bear all the costs of recovery and court and enforcement costs. The customer can only assert the set-off with counter-claims, even from complaints, if the counter-claim is legally established or undisputed. In the event of the existence of defects, the customer is not entitled to a right of retention insofar as this is not proportionate to the defects and the probable costs of supplementary performance (in particular a defect clearance). Fx-Nav reserves the right to withdraw from the contract if the customer has provided false information about his creditworthiness or if Fx-Nav becomes aware of other circumstances which call into question the objective creditworthiness of the customer and endanger the payment claim of Fx-Nav. This includes, in particular, an execution attempt against the customer, the submission of the statutory insurance against the assets, the non-payment of a customer’s check by a bank or the non-processing / reversal of a debit note by the customer’s bank. If Fx-Nav continues to comply with the contract, it is entitled to demand advance payment, bank guarantee or security. In addition, Fx-Nav has the right to exclude and / or retain the customers who are in default for the duration of the aforementioned reasons of rescission, even if corresponding supply contracts have been concluded. All payments are, in principle, charged against the oldest debt, irrespective of any other provisions by the customer. If costs of recovery and interest have already been incurred, payments are initially charged against costs, then on interest and lastly on the main claim. Fx-Nav is entitled to assign its claims.
Delivery and service dates, which have not been expressly agreed as binding, are exclusively non-binding. Binding delivery and service deadlines are observed as far as possible. In the event that Fx-Nav fails to comply with an explicitly agreed deadline, Fx-Nav shall be liable in cases of intent and gross negligence in accordance with the statutory provisions. In other cases of the delay of the delivery, the liability of Fx-Nav for the damages shall be limited to 5% instead of the service and 10% of the value of the delivery instead of the service. Further claims of the customer are excluded – even after expiry of a Fx-Nav about set time limit to the performance – excluded. The above limitation does not apply to liability for injury to life, body or health. The customer shall grant Fx-Nav a reasonable period of grace for the delivery – starting from the day of receipt of the written in-default setting (reminder) at Fx-Nav or in the case of the calendar-specific deadline. After expiry of this grace period, the customer is entitled to withdraw from the contract. If the performance is impossible, the customer is entitled to demand damages in accordance with statutory provisions. However, the customer ‘s claim for damages shall be limited to 10% of the value of the part of the delivery, which can not be used due to impossibility, in addition to or instead of the service and replacement of futile expenses. Any further claims of the customer due to impossibility of delivery are excluded. This limitation does not apply in cases of intent, gross negligence or injury to life, body or health. The customer’s right to rescind the contract remains unaffected. In the case of a breach of duty which does not exist in a defect of the purchase object or the work, which is not responsible for FX-Nav, the withdrawal right of the customer is excluded. Fx-Nav is entitled to partial deliveries and partial services at any time, as far as this is reasonable for the customer.
V. Transfer of risk, transport and dispatch
Transport and dispatch are uninsured at the risk of the customer, in particular the customer bears the risk of damage or loss of computer systems of any kind, data and data media during transport or dispatch as well as the risk of the accidental loss of data and data media. At the explicit request of the customer, a separate transport insurance can be concluded. The cost of insurance is borne by the customer. If the shipment is delayed on request or due to fault of the customer, Fx-Nav stores the goods at the expense and risk of the customer. In this case the display of the readiness for shipment is the same as the dispatch.
VI. Proprietary rights reserved
Fx-Nav reserves the right to ownership of the contractual goods until receipt of all payments from the business relationship with the customer (reserved goods). Until the transfer of ownership, the customer is obligated to handle the reserved goods with care. Damage and loss of the reserved goods as well as insolvency of the customer or his owner agent as well as change of ownership shall be immediately reported to Fx-Nav. The customer shall immediately notify Fx-Nav of all third-party access, in particular of enforcement measures, about the existence of a global assignment as well as other impairments of its ownership of the reserved goods. The customer shall replace Fx-Nav with all damages and costs resulting from an infringement of this obligation and through necessary intervention measures against access by third parties. Insofar as Fx-Nav raises a complaint pursuant to § 771 ZPO, the customer is obligated to release Fx-Nav from all judicial and extra-judicial costs, which Fx-Nav can not impose on the third-party garnishment. If the customer fails to meet his payment obligations despite a reminder from Fx-Nav, Fx-Nav may demand the surrender of the reserved goods still in its possession. The customer pays the arising transport costs. The withdrawal of the reserved goods by Fx-Nav is always a withdrawal from the contract. Fx-Nav is entitled to use the reserved goods for its exploitation, whereby the resulting proceeds shall be attributed to the claims of Fx-Nav. Reasonable costs of realization can be included in the calculation.
VII. Retention of title for resellers / non-users
Fx-Nav reserves the right to ownership of the contractual goods until receipt of all payments from the business relationship with the customer (reserved goods). This also applies if the purchase price is paid for certain goods delivered by the customer. In the case of current invoices, the reserved property shall be considered as collateral for the balances receivable. If the customer fails to meet his payment obligations despite a reminder from Fx-Nav, Fx-Nav may demand the publication of the reserved goods still in its possession, as far as this is possible in the individual case in accordance with the further clauses under “VIII.” The customer pays the arising transport costs. The withdrawal of the reserved goods by Fx-Nav is always a withdrawal from the contract. Fx-Nav is entitled to use the reserved goods for its exploitation, whereby the resulting proceeds shall be attributed to the claims of Fx-Nav. Reasonable costs of realization can be included in the calculation. The customer may sell the reserved goods only in regular business transactions and only if his customer has not excluded the assignment of the claim from the resale; The customer assigns to Fx-Nav all claims and additional claims (including value-added tax) arising from the resale to third parties, irrespective of whether the reserved goods have been resold without or after further processing. If the resale of the reserved goods, irrespective of the condition, together with the sale of objects on which third-party rights exist and / or in the context of the provision of services by a third party, this pre-assignment shall be limited to the amount of Fx-Nav Customers for the reserved goods. The customer is entitled to collect these claims after their assignment. This permission can be revoked at any time by Fx-Nav. The authority of Fx-Nav to collect these claims itself remains unaffected. However, Fx-Nav undertakes not to collect these receivables as long as the customer duly meets his payment obligations and does not default on payment. In this case, Fx-Nav may demand that the customer designate the assigned claims and their debtors and provide all the information necessary for collection, hand over the related documents and notify the debtors (third parties) of the assignment. Handling and processing of Fx-Nav delivered conditional goods always takes place on behalf of Fx-Nav, without Fx-Nav liabilities arising from this. If the reserved goods supplied by Fx-Nav are mixed or combined with other objects, the customer hereby assigns his property or co-ownership rights to the mixed stock or the new item to Fx-Nav and retains this with commercial care for Fx-Nav on. The customer shall not be allowed to transfer ownership or to pledge the reserved goods. The customer shall immediately notify Fx-Nav of all third-party access, in particular of enforcement measures, about the existence of a global assignment as well as other impairments of its ownership of the reserved goods. The customer shall replace Fx-Nav with all damages and costs resulting from an infringement of this obligation and through necessary intervention measures against access by third parties. Insofar as Fx-Nav raises a complaint pursuant to § 771 ZPO, the customer is obligated to release Fx-Nav from all judicial and extra-judicial costs, which Fx-Nav can not impose on the third-party garnishment. If the value of the fuse exceeds the value of Fx-Nav’s claims by more than 20%, Fx-Nav commits to release the exceeding collateral at the customer’s request. Until the transfer of ownership, the customer is obligated to handle the reserved goods with care. Damage and loss of the reserved goods, as well as the insolvency of the customer or his owner agent as well as the change of ownership, must be immediately reported to hiservic.es.
The guarantee shall be made in accordance with the statutory provisions, unless otherwise stipulated in the following. The customer has to examine the received contractual goods from delivery by Fx-Nav for completeness, transport damage, obvious defects, condition and their characteristics. Obvious material defects and deficiencies are to be reported by the customer in writing to Fx-Nav within two weeks from delivery of the contractual object. Obviously, a defect, when it is so open to the eye, that it strikes us without particular attention. The deficiencies are as detailed as the customer is able to describe. If the customer fails the written complaint of a defect, Fx-Nav is not obliged to pay damages. If the customer is not a consumer in the sense of the German Civil Code, he is obliged to investigate the received contractual goods immediately after delivery by Fx-Nav in accordance with § 377 HGB (German Commercial Code) and to file a complaint against Fx-Nav. The complaint of obvious defects is timely if it is received within five working days from delivery of the contractual goods at Fx-Nav; The complaint of concealed defects is timely, if it enters within five working days from their discovery with Fx-Nav. Claims for defects do not exist in the event of a minor deviation from the agreed upon condition or in case of insignificant impairment of usability. In the event that Fx-Nav is responsible for a defect in Fx-Nav which has been notified to Fx-Nav in due time, Fx-Nav is only obliged to pay damages instead of performance only if the customer grants Fx-Nav twice the opportunity to rectify the defect Has. The customer shall grant Fx-Nav a reasonable period for supplementary performance for each defect. For claims for damages, the provisions of section “IX. Liability “. The right of the customer to assert further claims for damages shall remain unaffected and shall also be carried out according to the provisions of section “IX. Liability “. The subsequent performance can be carried out after the choice of the customer by removing the defect or delivery of a new product. Fx-Nav is entitled to refuse the type of supplementary performance selected by the customer if it is only associated with disproportionate costs or expenses. During the supplementary performance the reduction of the price performance (reduction) or the withdrawal from the contract are excluded. If a supplementary performance fails or Fx-Nav has refused the supplementary performance as a whole, the customer may, at his discretion, demand a reduction or withdraw from the contract. After the unsuccessful second attempt, a subsequent improvement is deemed to have failed. If the customer is not a consumer within the meaning of the German Civil Code, Fx-Nav shall under no circumstances be obliged to supply or make new deliveries within the scope of supplementary performance. If the supplementary performance fails, the customer has the right to reduce or, at his choice, withdraw from the contract. Fx-Nav shall not be responsible for defects in the delivery which they receive from third parties and which are forwarded unchanged to the customer; The responsibility for intent or negligence shall remain in accordance with the clause “IX. Liability “. Outside of consumer goods purchases and works contracts, all warranty claims for contracts relating to new items shall become statute-barred within one year from the legal commencement of the limitation period, unless the intent or malicious concealment of a defect by Fx-Nav exists. Outside of consumer goods purchases, all rights of warranties are excluded for contracts for second-hand goods.
Fx-Nav is liable for deliberate or grossly negligent damages according to the legal regulations. Fx-Nav is also liable in the event of negligent breach of duty, as far as claims from injury to life, body or health are concerned. If the customer is not a consumer in the meaning of the German Civil Code, Fx-Nav shall only be liable in the event of gross negligence only for the type of contract foreseeable, foreseeable, if none of the above exceptional cases exist. Fx-Nav is only liable for negligence if a substantial contractual obligation (so-called cardinal obligation) has been violated. In this case, the liability of Fx-Nav is limited to the contractual, foreseeable damage. Liability under the Product Liability Act, due to fraudulence, due to a guarantee or other mandatory liability regulations shall remain unaffected except for the liability under the Product Liability Act for pure work in the event that the customer is not a consumer as defined by the German Civil Code. The customer’s right of recourse against Fx-Nav in accordance with § 478 BGB (recourse of the entrepreneur) shall only exist insofar as the customer has not made any agreements with his customer that go beyond the statutory claims for defects.
X. Withdrawal right
If the customer is entitled to a right of rescission, he can only withdraw from the contract within the scope of the statutory provisions if Fx-Nav is responsible for the breach of duty. In the case of breaches of duty within a reasonable period of time, the customer shall, upon request by Fx-Nav, declare whether he is withdrawing from the contract due to the breach of the contract or insists on the delivery. In the case of deficiencies, however, the statutory provisions remain.
XI. Involvement of the customer and performance
The following co-operation obligations apply to service, maintenance, service, repair, installation and other work and service contracts not covered by the rules of consumer purchase law. The customer undertakes to provide Fx-Nav with the information necessary for the processing and performance of its contracts. The customer will be provided with the necessary data carriers, additional software and other necessary equipment and information for the error diagnosis and correction at his expense. If the achievement of a service contract for service contracts is pending on facts and circumstances that are outside the sphere of itservic.es, it is expressly pointed out that the customer owes the remuneration for the service itself and not for the intended success. This is the case, for example, when the non-feasibility of an order is due to the nature of the customer’s systems, their system configurations or hidden sources of error. Therefore, Fx-Nav can only promise an action, but not guarantee a performance success. In such cases, this excludes a further performance obligation from Fx-Nav. The customer is obligated and assured that data, which are available on data processing devices and / or data carriers provided according to the contract or provided, are secured against loss.
XII. Final provisions
Amendments, additions or subsidiary agreements deviating from these terms and conditions require written form. The same applies to the waiver of this requirement for written form. Should individual provisions of these terms be invalid, this shall not affect the validity of the remaining provisions. Due to internal rules of confidentiality, Fx-Nav will not provide any information on the procedures, methods and tools used, unless it is legally required to provide information or, for other reasons, it is necessary to provide information about authorities or to protect legal claims against courts. Place of performance and exclusive jurisdiction for deliveries and payments as well as all disputes arising between the parties shall be Berlin insofar as the customer is entrepreneur i.S.d. § 14 German Civil Code (BGB), merchant, legal person of public law or public law special fund. Only the right of the Federal Republic of Germany to the exclusion of the UN purchase law applies.
The protection of your personal data in the collection, processing and use on the occasion of your purchase of one or more articles is an important concern for us. Your data is protected in accordance with legal regulations. Below you will find information about which data are collected and how they are used:
1. Purchase one or more items in the download shop:
When you buy one or more items through this download shop, we automatically receive your e-mail address. This data is required to deliver the purchased items. You will also receive an e-mail with the data as well as additional information about the system when purchasing an article.
2. Use and dissemination of personal data
As far as we have received your personal data via our website, we will only use these to answer your queries, to deal with contracts concluded with you and for technical administration. Your personal data will not be passed on to third parties or transmitted in any other way. The deletion of the stored personal data takes place if you revoke your consent for storage, if your knowledge is no longer necessary for the fulfillment of the purpose pursued with the storage or if its storage is prohibited for other legal reasons.
This website also connects your telegram messenger online to provide MT4 trading information. You agree that we connect your messenger online and release us from liability. We are only liable in gross negligence with your data. Liability is also limited to direct damage not caused by subsequent actions.
3. Right of access
On written request, we will be happy to provide you with information about your personal data.
We strive to store your personal data by taking all technical and organizational possibilities so that it is not accessible to third parties. When communicating via e-mail, the complete data security can not be guaranteed by us, so we recommend the confidentiality of the information by mail.
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