1) Scope

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1.1 These General Terms and Conditions (hereinafter "GTC") of Penta Trading (hereinafter "Seller"), apply to all contracts for the delivery of goods or services, which a consumer (hereinafter "Customer") concludes with the Seller with regard to the goods or services presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

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1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly not commercial.

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1.3 The subject matter of the contract can – depending on the seller’s product description – be both the purchase of goods or services by way of a one-time delivery and the purchase of goods or services by way of a permanent delivery (hereinafter referred to as “subscription contract”). With the subscription contract, the seller undertakes to deliver the contractually owed goods or services to the customer for the duration of the agreed contract period in the contractually owed time intervals.

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1.4 This service is not aimed at natural or a legal person actin in exercise of their commercial or independent professional activity. If you wish to use our services for further professional use, please get in touch at: info(at)penta-trading.eu

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2) Conclusion of contract

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2.1 The contract begins when the customer subscribes to any of the products offered by the Seller and it is accepted by sending a confirmation e-mail. In principle, the Seller will accept the customer's offer.

However, the Seller reserves the right to accept it, in particular if the information provided by the Customer gives reason to suspect that Customer will not properly fulfill the contractual obligations, or if the Customer's behavior in breach of contract in the processing of another contract with the Seller shows that the Customer will not properly fulfill the contractual obligations, or if the Seller´s website contain typographical or printing errors, they have become the basis of the offer to the Customer.

 

2.2 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve to enable the customer to submit a binding offer.

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2.3 The customer can submit the offer via the online order form integrated in the Seller's online shop. ​

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2.4 The Seller can accept the customer's offer within seven days,
- by sending the customer a written order confirmation or an order confirmation in text form (e.g., e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the seventh day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.

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2.5 When submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

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2.6 Before submitting a binding order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

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2.7 Only the German language is available for the conclusion of the contract. Support is provided in English and Spanish.

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2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

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3) Right of Withdrawal

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Consumers have no right of withdrawal of the digital content from the Seller as it provides direct access to the information once subscribed (Directive 2011/83/EU). The consent to a waiver of the right of withdrawal goes together with the purchase and the consent via purchase confirmation. The customer cannot buy a membership without accepting the terms and conditions, data protection, disclaimer and right of withdrawal.

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4) Prices and terms of payment

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4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

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4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

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4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

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4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

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4.5 Our payment platform operates with Wix Payments (Wix.com, Inc). You can read its own Terms and Conditions here: https://www.wix.com/about/terms-of-payments

 

4.6 We do not collect nor have access to any of your payment information

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5) Due date and payment

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The purchase price/subscription fee/license fee is due immediately with the order. The calculation mode can differ from the subscription time/license time. The customer can pay by direct debit or Paypal or by invoice (companies with VAT ID, authorities, banks, insurance companies). The Seller is entitled to charge interest on arrears at a rate of 5 percentage points above the applicable base interest rate p.a. if the customer is in default of payment. The Seller is entitled to claim higher damage caused by delay if this can be proven to have occurred.

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6) Duration and termination of subscription contracts

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6.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time without observing a notice period.

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6.2 The right to extraordinary termination for important reasons remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.

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6.3 Cancellations must be made in writing or in text form (e.g. by email).

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6.4. Subscriptions can be cancelled any time. The full price of the running month will be charged and no partial refund will be made.

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6.5 The service provided by the Seller can be suspended at any time due to unforeseen events. Subscriptions from the customers will be stop.

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6.4. The Seller reserves the right to cancel a subscription upon suspicion of data leaking from the Customer to a third party. More details in section 8.

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7) Warranty and liability of the service

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7.1 The Seller provides its services, technologies and solutions to the best of its knowledge and belief and within the scope of its technical possibilities. A guarantee for the performance, topicality, correctness, completeness or quality of the information provided, as well as for error-free and uninterrupted usability of the services, systems, technologies or solutions is not assumed.

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7.2 All stock market information opens up the opportunity for high performance, but also involves a higher risk than long-term investment in standard stocks. Transactions involving leverage certificates, warrants or options are futures transactions and present a considerable risks up to total loss. Only those who according to Section 53 (2) Stock Exchange Act. who have read and understood the brochure "Basic information about stock exchange futures transactions" available from all banks and the form "Loss risks in stock exchange futures transactions" should participate in speculation with derivatives. The stock exchange services of the Seller do not fulfill this educational function. Anyone who trades based on the information provided by the Seller declares that they are sufficiently informed about the specific risks and functions of this type of investment, or that they have the required stock exchange futures trading capability. All information does not represent an invitation to buy or sell or any other advisory service. Liability for indirect and direct consequences of these suggestions is therefore excluded. A guarantee for the completeness and correctness of the content cannot be given. Profits achieved in the past are no guarantee for the future. Under no circumstances should clients make investment decisions without reflection based on the information. The information provided by the Seller does not replace your own research or advice from your house bank or an investment advisor. The nature of investment decisions and related information means that they can also be wrong. The Seller accepts no liability for information provided by third parties. In individual cases, all information may correspond to that of other stock exchange information services.

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7.3 The Seller has links to other sites on the Internet on its homepage. The following applies to all these links: The Seller expressly declares that it has no influence whatsoever on the design and content of the linked pages. The Seller therefore distances itself from the content of all pages linked to Penta Trading website and expressly does not adopt this content as its own. This declaration applies to all links contained in the pages, whether displayed or hidden, and to all content of the pages to which these links lead.

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7.4 The Seller is not responsible for damages in property, personal injury or death.

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7.5 The Seller is not liable for damage caused by the use of advertising material. The advertising partners are solely responsible for the technical and content-related design of the advertising material.​

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8) Obligations of the Customer

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The customer is not entitled, without the prior written consent of the Seller, to pass on the information in whole or in part to third parties, to allow them to be used, to disseminate them in any other way or to publish them. Furthermore, the customer is obliged to use the stock exchange service information only for his own purposes. The access authorization (user name, password) to the stock exchange services is non-transferrable and must be protected against third-party access. In the event of infringement, the damage incurred will be claimed, but at least five times the cost of an annual subscription fee. We reserve the right to restrict future access of the offender Customer to our platform. In relation to the customer, all rights, in particular the copyright rights of use and exploitation as well as rights from trademarks and intellectual property, belong exclusively to the Seller or the otherwise entitled persons under the law.

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9) Delivery of physical goods

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Delivery is made by the Seller to the delivery address specified by the Customer, unless other agreements have been made between the Seller and the Customer. This can also be an e-mail address to which the data for license use (electronic retrieval of exchange services) was sent. As soon as the delivery or the transmission of the access data has left the Seller, the risk is transferred to the Customer, even in the case of partial deliveries. Insofar as the delivery date has not been expressly confirmed by the Seller, all information about the delivery period is non-binding. If a stock exchange service is discontinued during the subscription/license period, the Customer will receive a replacement service of the same or higher value or a refund. License usage data will be sent to the postal or email address provided by the Customer. The customer or third parties commissioned by the Customer (in particular hosting companies or web server operators) must create the technical and actual prerequisites for this. If the Customer does not meet the payment obligation after repeated payment requests, the Seller is entitled to stop delivery without prior notice. This right also applies to the immediate discontinuation of all other subscription services ordered by the Customer from the Seller. After the outstanding debts have been settled, delivery will be resumed and extended accordingly.

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10) Delivery and shipping conditions

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10.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

10.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

10.3 Collection by the customer is not possible for logistical reasons.

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11) Retention of title and expiration of customer claims

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If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

The customer only has the right to offset if his counterclaims have been recognized by the Seller or have been legally established. The Customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. Repayment claims of the Customer of any kind expire at the end of the year in which they arose.

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12) Liability for defects on delivered physical goods

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12.1 Warranty and liability of the Seller is based on the statutory provisions, unless otherwise regulated. The Seller is entitled to choose between remedying the defect of the delivered good or making a replacement delivery if there is a defect for which the Seller is responsible. The Customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price of the delivered good if the Seller is not willing or not able to remedy the defect/replacement or if this exceeds a reasonable period of time for reasons that the the Seller is responsible for, delays or otherwise fails to remedy the defect/replacement delivery. Further claims of the customer, regardless of the legal grounds, are excluded unless otherwise stated below. The Seller is not liable for damage that did not occur on the delivery item itself, in particular lost profits or other financial losses of the Customer such as damages to property or health. This also applies to the personal liability of employees, representatives and vicarious agents, insofar as the liability of the Seller is excluded or limited. If the cause of damage is based on intent or gross negligence, the above limitation of liability does not apply. This also applies in the event of impossibility or initial inability for which we are responsible. The obligation to compensate for personal injury or damage to property is limited to the damage that typically occurs if the Seller has negligently violated an essential contractual obligation. If no claims are asserted based on tort, this limitation period also applies to claims for compensation for consequential damages. In the event of force majeure, neither party is liable to the other party for any delay or failure of the delivered good as a result.

 

12.2 If the Customer acts as a consumer, the Customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

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13) Redemption of promotional vouchers

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13.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.

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13.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

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13.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

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13.4 Only one promotional voucher can be redeemed per order.

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13.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

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13.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

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13.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

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13.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

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13.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

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14) Governing Law

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The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

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15) Alternative dispute resolution

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15.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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15.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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16) Severability clause

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Should individual provisions of the contract be or become incomplete, wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. Instead, the parties undertake to agree on a replacement regulation which comes closest to the economic purpose intended with the invalid or incomplete regulation and is legally permissible. Changes or deviating regulations to this contract must be in writing, this also applies to the waiver of the written form itself.

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Last updated: 15.04.2023