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Terms of Service

Last updated: January 1, 2024

1. General

1.1 Scope

These Terms of Service ("Terms") apply to all contracts concluded between HejTrader ("Provider", "we", or "us") and users of our services ("User" or "you") via the website www.hejtrader.com and/or our mobile application (together referred to as the "Platform").

1.2 Platform Operator

The platform is operated by:
HejTrader
Lars Macario
Klingenberg 11
25451 Quickborn
Germany

1.3 Contact

For questions and complaints, you can reach us at:
Email: support@hejtrader.com
Website: www.hejtrader.com

1.4 Changes to the Terms

We reserve the right to change these Terms at any time with at least four weeks' notice. Notification will be made by publishing the amended Terms on the Platform, stating the effective date. If you do not object within four weeks of publication, the amended Terms are deemed accepted. We will specifically inform you of your right to object and the consequences of silence in the change announcement.

2. Description of Services

2.1 Scope of Services

The Provider offers [detailed description of services and features] on the Platform. The exact scope of services is determined by the respective product description on the Platform and/or the services individually agreed with the User.

2.2 Availability

The Provider strives to make the Platform available 24/7. However, uninterrupted availability is not guaranteed. Maintenance, security, capacity reasons, technical circumstances, or events beyond the Provider's control may lead to temporary disruptions or suspension of services.

2.3 Changes to Services

The Provider reserves the right to change the services offered on the Platform or to offer different services, unless this is unreasonable for the User.

3. Registration and User Account

3.1 Registration

Certain features of the Platform require registration and creation of a user account. The requested data must be provided completely and correctly. For legal entities, registration may only be carried out by an authorized natural person, who must be named.

3.2 Assurances upon Registration

3.3 Access Data

You are obliged to keep your access data (especially your password) secret and protect it from third-party access. Notify the Provider immediately if there are indications that your account has been misused by third parties.

3.4 Responsibility for the User Account

You are responsible for all activities carried out under your user account. If you are not at fault for the misuse of your account (e.g., no breach of due diligence obligations), you may be released from liability.

4. Terms of Use

4.1 General User Obligations

You agree to use the Platform only in accordance with these Terms, applicable laws, and in a manner that does not infringe the rights of third parties.

4.2 Prohibited Actions

4.3 Account Suspension

The Provider reserves the right to temporarily or permanently suspend user accounts in case of suspected misuse, unlawful activities, or violation of these Terms, especially if violations continue or recur after a warning.

5. Conclusion of Contract and Payment Terms

5.1 Offer and Acceptance

The presentation of our services on the Platform does not constitute a legally binding offer, but an invitation to submit an offer. The contract is concluded when you submit a binding offer (e.g., by clicking a button such as "Buy", "Order with obligation to pay", "Book with obligation to pay") and the Provider accepts this offer by sending an order confirmation by email or by providing the service.

5.2 Prices

All prices stated on the Platform include the applicable statutory VAT.

5.3 Payment Methods and Billing

Available payment methods are shown during the order process. Billing is carried out [insert billing modalities, e.g., upon conclusion of contract, monthly, annually].

5.4 Default of Payment

In case of default, statutory interest and reminder fees may be charged. You may prove that no or less damage has occurred.

5.5 Set-off and Right of Retention

You may only set off claims that are legally established or undisputed. A right of retention may only be exercised if the counterclaim is based on the same contractual relationship.

6. Term and Termination

6.1 Term

Unless otherwise agreed, the contract begins upon conclusion and runs for an indefinite period.

6.2 Ordinary Termination

Unless otherwise agreed, either party may terminate the contract with [insert notice period, e.g., two weeks] to the end of a calendar month. Termination must be in text form (e.g., by email or via the contact form on the Platform).

6.3 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if a party breaches essential obligations under these Terms and fails to remedy the breach despite a warning and reasonable deadline, or if insolvency proceedings are opened or rejected for lack of assets.

6.4 Consequences of Termination

After termination, the user account will be deactivated. The Provider is entitled to irretrievably delete all data stored in connection with the user account, unless statutory retention obligations exist.

7. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal when concluding a distance contract. The exceptions to the right of withdrawal are set out in section 7.2.

7.1 Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (HejTrader, Lars Macario, Klingenberg 11, 25451 Quickborn, Germany, support@hejtrader.com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

7.2 Exceptions to the Right of Withdrawal

The right of withdrawal expires prematurely for contracts for the supply of digital content not supplied on a tangible medium if the entrepreneur has begun performance of the contract with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal.

8. Warranty and Liability

8.1 Warranty

Statutory warranty provisions apply.

8.2 Limitation of Liability

The Provider is liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider, its legal representatives, or agents, as well as for damages caused by intentional or grossly negligent breaches of duty. For damages caused by slight negligence, the Provider is only liable for breach of an essential contractual obligation and only for the foreseeable, typical damage. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. The above limitations do not apply to claims under the Product Liability Act or in the case of fraudulently concealed defects or assumed guarantees.

8.3 Force Majeure

The Provider is not liable for delayed or omitted performance of its obligations if this is due to circumstances beyond its reasonable control, such as natural disasters, pandemics, terrorist attacks, war, riots, strikes, or official orders.

9. Data Protection

The collection, processing, and use of users' personal data is carried out in accordance with our Privacy Policy, which can be viewed at /privacy and is part of these Terms.

10. Intellectual Property

10.1 Copyright and Industrial Property Rights

All content on the Platform, especially texts, images, graphics, logos, icons, audio and video files, and their design, are protected by German copyright law and other protective laws. They may not be copied or used for commercial purposes without the express permission of the Provider.

10.2 Trademarks

All trademarks and logos displayed on the Platform are the property of their respective owners and may not be used without prior written consent.

10.3 User Content

If the User uploads or creates their own content on the Platform, they grant the Provider a simple, unlimited, transferable right of use to the extent necessary for the operation of the Platform. The User guarantees that they have all necessary rights to the content provided.

11. Final Provisions

11.1 Applicable Law

These Terms and the contractual relationship between the Provider and the User are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Jurisdiction

If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the Provider's registered office. This also applies if the User has no general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another statutory place of jurisdiction remains unaffected.

11.3 Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory provision.

11.4 Contract Language

The contract language is German.

11.5 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To
HejTrader
Lars Macario
Klingenberg 11
25451 Quickborn
Germany
support@hejtrader.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for notification on paper):
Date:
(*) Delete as appropriate.