Terms

General Terms and Conditions

1. Scope

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

Access to the offered indicators is exclusively for non-blocked TradingView users. Registration can be made on www.tradingview.com.

2. Contracting Party, Conclusion of contract

The sales contract comes off with Tradingindikatoren, owner Johann Reimer, Tennisweg 22, 33659 Bielefeld, Germany.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.

In order to process the conclusion of the contract, all necessary information is partly automated by e-mail. Therefore, the customer must ensure the up-to-dateness, smooth reception and functionality of his e-mail inbox.

The products on our nxt2017.com platform are digital content that is not delivered on a physical medium.

The access to the ordered products takes place within 24 hours after a successful receipt of money in our bank account or PayPal account is recorded.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Terms of Delivery

The delivery takes place in the sense that the buyer enters the username of TradingView during the ordering process. The TradingView user will then have access to the digital product within 24 hours of the receipt of the money.

We do not deliver physical goods. This also applies to data devices in any form.

5. Payment

The following payment methods are available to you in our shop:

Credit card
When you place your order, you provide your credit card details and the credit card company performs an authorization check. Once you have been legitimised as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.

The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the order process.

PayPal Plus
As part of the PaymentPal Plus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the PaymentPal payment method, in order to pay the invoice amount, you must be registered there or register and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further information during the ordering process.

If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be made immediately after confirmation of the payment order and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and will charge your card. You will receive further information during the ordering process.

If you have chosen the Direct Debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account charge (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be debited. You will receive further information during the ordering process.

6. Right of withdrawal

You are entitled to the statutory right of revocation as described in the revocation instructions.

fundamental objection may take place at any time. Indicators that have already been paid for are refunded and access is offered until the end of the service. Termination may be made at any time with a period of 3 days to the end of the to follow. A service period is valid from the order date until the same day in the next month.

near an initial order may be subject to a trial period, depending on the offer. The Duration of performance takes place immediately after the trial period.

7. Retention of title

The goods remain our property until full payment has been made.

In addition, the following applies to entrepreneurs: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Warranty and Warranties

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
When purchasing used goods by consumers, the following applies: if the defect occurs after one year after delivery of the goods, the claims for defects are excluded. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place without any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
To contractors, only our own information and the product descriptions of the manufacturer, which have been included in the contract, shall be deemed to be an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall first provide contractors with warranty at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of the deadline do not apply to claims due to damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• to the extent that the scope of the Product Liability Act has been opened.
Information on any additional warranties and their exact terms can be found in the product and on special information pages in the online shop.

9. Liability

We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, if agreed, or
• to the extent that the scope of the Product Liability Act has been opened.
In the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents are limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In addition, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) that can be found here.

We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of the General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an appropriate provision which comes as close as possible to what the parties (buyer and seller) intended according to their purpose. The same applies to the filling of any gaps in the General Terms and Conditions.

We are a company based in the EU and participate in the EU special regulation. For an annual turnover with a threshold value of EUR 10,000, we make use of the law of national tax calculations from Germany. Thus it is permitted as a German small entrepreneur in the sense of § 19 Abs. 1 value added tax law (UStG) to calculate all European countries no value added tax.

More information can be found on the EU’s official website: https://ec.europa.eu/taxation_customs/business/vat/digital-single-market-modernising-vat-cross-border-ecommerce_en

GtC creates legal copywriter with the Trusted Shops in cooperation with Wilde Beuger Solmecke Rechtsanwälte.