§ 1 Scope & Defense Clause
1. for the business relationship between Trading-Garden
Stifterst.15/2 in 4722 Peuerbach, Austria, represented by Frank Gärtner (hereinafter referred to as Trading-Garden or provider) and the customer (hereinafter referred to as user or customer), the following General Terms and Conditions of Business shall apply in the version available on the website of www.trading-garden.com. The customer may download this text onto his computer, print it out and store it.
2. any deviating General Terms and Conditions of Business of the Customer are rejected, unless Trading-Garden has agreed to their validity in writing.
3. the terms and conditions also apply to the use of the Trading-Garden applications.
4. by accessing the website www.trading-garden.com and its pages (hereinafter referred to as the website), the customer confirms that he has read these terms and conditions.
5) Trading-Garden reserves the right to change or renew these General Terms and Conditions at any time with future effect, without any obligation to notify the user. On the Internet pages the current version of the General Terms and Conditions is available from the time of their validity. The customer will be notified of changes to the General Terms and Conditions of Business at least four weeks before they come into force by email to his email address or by post. If such changes are not objected to within one month of delivery, they shall be deemed accepted. If the changes are to the disadvantage of the customer, the customer may terminate the contractual relationship without notice within one month of receipt of the notification of change.
6. the information published on this website does not constitute a recommendation, invitation or request to buy or sell investment instruments or to engage in any other transactions.
§ 2 Conclusion of the contract and scope of services
§ 2 Conclusion of the contract and scope of services
1) These General Terms and Conditions of Business govern the conclusion of the contract and the contractual relationship between the Provider and the Customer, who has his registered office in Austria.
2. the offers of the provider are non-binding and subject to change without notice, as long as they are not expressly agreed as binding or contain a specific acceptance period. The acceptance of orders or contracts is usually made by the provider within 14 days after receipt.
3. the services to be provided are described in the contract. Subject of the offered services are, among other things, the temporary provision of trading systems for stock exchange trading. For the details of the respective offer, reference is made to the respective product and service description.
§ 3 Conditions of provision
1. the presentation on the website does not constitute a binding request to conclude a contract Rather, it is a non-binding invitation to submit an offer.
2. installation, configuration and other setup services, as well as ongoing support are not owed, unless this is expressly agreed by contract. Trading-Garden warrants the maintenance of the contractually agreed quality during the term of the agreement. Furthermore, Trading-Garden warrants that no rights of third parties are opposed to a use in accordance with the agreement.
§ 4 Obligations of the customer
1. the customer is granted the contractual services within the framework of the general terms and conditions and the concluded contract.
2. the customer is not entitled to duplicate, change or decompile the contents of the licensed hand system.
3 The user is not entitled to make the licensed hand system and documents available to third parties. In particular, he is not permitted to sell, lend, rent or otherwise sublicense the licensed management system or to reproduce it publicly or make it accessible. The user undertakes to protect the licensed Handessystem and other documents from access by unauthorised third parties.
6. if the user violates the granted rights of use, his right of use expires with immediate effect and automatically reverts to Trading-Garden. In this case Trading-Garden is entitled to block the licensed hand system and to terminate the agreement with immediate effect.
§ 5 Remuneration, payment modalities
1. all prices are final prices The payment is made via a PayPal subscription and is automatically renewed after one year. The customer can cancel his subscription at any time in his PayPal account, so that the subscription is not renewed after the respective subscription period has expired. However, no refunds are offered for unused periods of the cancellation year.
§ 6 Cancellation policy
Right of withdrawal
If the customer is a consumer, he has the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise the right of revocation, you must inform the provider Trading-Garden, Stifterstr. 15/2 in 4722 Peuerbach, Austria, represented by Frank Gärtner, e-mail: frank(at)trading-garden.com by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will we charge you any fees in respect of this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
Sample Cancellation Form
(If you want to cancel the contract, please fill out this form and send it back).
– Trading-Garden, Stifterstr. 15/2 in 4722 Peuerbach, Austria, represented by Frank Gärtner, e-mail: frank(at)trading-garden.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: ________________________________________
– Ordered on (*)/received on (*): ________________________________________
– Name of the consumer(s): __________________________________________
– Address of the consumer(s): ________________________________________
– Signature of the consumer(s) (only in the case of communication on paper) ______________
– Date: _________________________________
(*) Delete as applicable.
End of the cancellation policy
The above right of revocation does not apply if the legal transaction can be attributed to your commercial or professional activity or if the service was created exclusively for the customer.
§ 7 Notice of risk
Liability for information
1. Trading-Garden does not assume any liability for provided trading suggestions. These do not in any way constitute a call for individual or general replication, even implicitly. Trading suggestions or other information do not constitute an invitation to buy or sell securities or derivative financial products. Any liability for direct or indirect consequences of the published contents is therefore excluded.
2. Trading-Garden obtains information from sources that it considers trustworthy. A guarantee regarding the quality and truthfulness of this information cannot be given.
3. readers as well as customers, who make investment decisions or carry out transactions based on the published contents, act entirely at their own risk and peril. Trading-Garden assumes no liability for the information provided. In particular, Trading-Garden points out the particularly high risks involved in transactions with derivatives and derivative financial instruments. Trading with derivatives is a financial futures transaction. The considerable opportunities are countered by corresponding risks, which can result not only in a total loss of the capital invested, but also in losses exceeding this amount. For this reason, this type of transaction requires in-depth knowledge of these financial products, the securities markets, securities trading techniques and strategies. Automatic trading involves a higher level of risk, as the number and size of orders are determined automatically. The customer must carefully consider the broker and the Internet connection to the broker when selecting the broker.
§ 8 Exclusion of liability
1. the customer’s claims for damages are excluded, unless something else arises from the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises claims for damages against them.
2. the compensation of pure financial losses is limited by the general principles of good faith, such as in cases of disproportionality between the amount of the order value and the amount of damage. Any further liability, for whatever legal reasons, is excluded.
3) The provider is not liable for damages that have occurred for the following reasons, but which are not due to the provider’s fault: Natural wear and tear, improperly performed interventions or repair work on the part of the customer or third parties, unsuitable or improper use, incorrect operation, incorrect or negligent handling, improper maintenance, use of unsuitable equipment / replacement materials or similar.
4. excluded from the exclusion of liability are claims for damages of the provider due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. Likewise this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
§ 9 Warranty and liability for defects
1 It is pointed out that it is not possible to exclude errors in software under all application conditions according to the state of the art. The software has the agreed quality, is suitable for the contractually presupposed and usual use and has the quality usual for software of this type, but as usual it is not error-free. A functional impairment of the software resulting from hardware defects, environmental conditions, operating errors or similar is not a defect.
2. in the case of breach of fundamental contractual obligations, the provider is liable in the case of simple negligence only for the foreseeable damage typical for the contract, unless the defect was fraudulently concealed, a guarantee was given for the quality of the service or the customer’s claims are based on injury to life, body or health.
3. statements and explanations concerning the services of Trading-Garden are exclusively to be understood as description of the quality and not as guarantee or assurance of a characteristic. Statements regarding the object of performance only constitute guarantees or assurances in the legal sense if they are made in writing and are expressly and literally marked as “guarantee” or “assurance”.
4) A material defect is deemed to exist if the services of Trading-Garden do not have the contractual quality and thus the suitability for the contractual use is cancelled or reduced. An insignificant limitation of the suitability remains out of consideration. The customer must notify Trading-Garden immediately of any defects, malfunctions or damages that occur.
5. Trading-Garden shall remedy defects within a reasonable period of time after receipt of a written and comprehensible description of the defect by the customer.
6. for the products or services provided to the customer, the liability of the provider for defects is limited to subsequent performance – at the choice of the provider by free repair or replacement delivery – and in case of failure of the latter and by the withdrawal from the contract declared by the customer, to repayment of the purchase price. To carry out all seemingly necessary repairs and replacement deliveries, the customer has to give the necessary time and opportunity after consultation; otherwise the provider is released from liability for the consequences. The Provider may refuse to remedy the defect as long as the Customer has not yet paid the remuneration owed in full.
7) The provider expressly accepts no liability for defects in the purchased goods or services in the event of unsuitable or improper use, incorrect assembly or incorrect commissioning by the customer, natural wear and tear, incorrect or negligent handling, improper maintenance and unsuitable operating materials.
8. the customer’s right to terminate the contract due to failure to grant use shall only exist if the defect is not remedied within a reasonable period of time or is to be regarded as having failed.
9. obvious defects must be reported in writing no later than 14 days after completion of the service. In commercial business transactions, it is necessary that the commercial customer has properly fulfilled his inspection and complaint obligations as defined in §§ 377, 378 HGB.
To the extent permitted by law, no warranty is given for software and data. Programming errors (bugs) in the software are excluded from the warranty. We are only liable for further claims and rights in cases of intent and gross negligence. Otherwise liability is excluded. Unless otherwise regulated above, the warranty is based on the statutory provisions.
11 The warranty does not cover defects caused by external influences or by non-compliance with the terms of use. The warranty shall not apply if the customer modifies the software himself or has it modified by third parties without the consent of the provider. If an alleged defect cannot be assigned to one of our warranty obligations after appropriate investigation, we are entitled to charge the usual hourly rate for the work performed and reimbursement of expenses. The same applies to the handling of a warranty case of the provider for the customer towards the manufacturer. In this case, the Provider is entitled to charge a flat rate or the usual hourly rate for the work performed.
12) The return and exchange of software is excluded.
§ 10 Internet page and links to other Internet pages
1. the information and offers on the websites of Trading-Garden are directed to customers as well as to non-customers with permanent residence in Austria or Germany. However, the offers which the customer finds on the websites of Trading-Garden are expressly not directed to persons in countries which prohibit the provision or the access to the contents posted therein. Each user is responsible for informing himself about any restrictions before calling up the websites and to comply with them.
2. as far as Trading-Garden provides stock exchange or economic information, quotes, indices, prices, news, market data as well as other general market information on its websites, these only serve as information and to support the independent investment decision of the customer and non-customers. The aforementioned information does not represent any concrete recommendation to buy, hold or sell a financial product and does not establish any individual advisory or information relationship. It does not constitute legal, tax or other advice and cannot replace such advice.
3. before the client makes investment decisions, he should have carefully informed himself about the opportunities and risks of the investment. A positive performance of a financial product in the past can in no way be taken as an indication of future income.
4. as far as we refer or link from our internet offer to the internet pages of third parties, we cannot assume any guarantee or liability for the correctness or completeness of the contents and the data security of these websites. Since we have no influence on the compliance with data protection regulations by third parties, you should check the respective data protection declarations offered separately.
§ 11 Copyright law
1. Trading-Garden is the owner of all industrial property rights, in particular trademark rights, copyrights and ancillary copyrights, on its Internet pages and on the documents sent within the framework of the agreement. These works including all of its parts are protected by copyright. Any use beyond the limits of copyright law without the express prior consent of Trading-Garden is inadmissible and punishable by law. This applies in particular to duplications, translations and the input into any electronic media as well as the associated representation to third parties.
2. any duplication and further distribution of documents as a whole or in parts requires the written permission of Trading-Garden.
3. the linking to one of the internet pages of Trading-Garden requires the express written consent.
4. no element of the website grants any license or right of use of images, registered trademarks, logos or other rights. Downloading or copying the website or its elements does not transfer or create any rights with regard to the elements on the website.
Non-binding character
5. the articles and texts published on the websites of Trading-Garden are for information purposes only and the opinions contained therein are for personal use only. None of the information on the Trading-Garden websites constitutes a decision-making aid for economic, legal, tax or other consulting questions, nor should investment or other decisions be made solely on the basis of this information. There is no obligation or responsibility on the part of Trading-Garden to update or correct the information or expressions of opinion. Information and expressions of opinion may be withdrawn at any time without prior notice.
§ 12 Cookies
1. Trading-Garden partly uses so-called cookies in order to enable the customer to access more individual and faster. The customer can set his browser to inform him about the placement of cookies or to suppress the use of cookies.
2. Trading-Garden points out that the activities of the customers of this website are registered and analyzed for security, marketing and system monitoring purposes, among others.
§ 13 Changes of the offer
The range of services offered by Trading-Garden is continuously adapted, optimised and modified. The same applies to the content of the internet pages. For this reason, it is recommended that you inform yourself regularly about the currently valid conditions, notes and prices.
§ 14 Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual relationship will be in German. The law of the Republic of Austria shall apply exclusively. For consumers, this shall only apply to the extent that it does not restrict any statutory provisions of the state in which the customer has his place of residence or habitual abode. (Optional) The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
§ 15 Data protection
In connection with the initiation, conclusion, handling and reversal of a contract on the basis of these General Terms and Conditions, data is collected, stored and processed by the provider. This happens within the scope of the legal regulations. The privacy policy can be viewed here (link) or on the website www.trading-garden.com.
§ 16 Online dispute resolution
Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which the customer can find at http://ec.europa.eu/consumers/odr/
§ 17 Severability Clause
Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract shall not be affected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effect comes as close as possible to the original purpose which the parties to the contract had pursued with the ineffective or unenforceable provision.
§ 18 Status of the AGB
Peuerbach, August 31st 2020
