(1) The business relationship between the operator of the platform www.cryptoprofitscout.com, Daniel Donaczi, Durlacher Straße 3b, 10715 Berlin, Germany, VAT identification no.: DE 274056941 (hereinafter “Provider”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Supplier expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
(1) The Customer's contractual partner is CopeCart GmbH, Ufnaustraße 10, 10553 Berlin (hereinafter: “CopeCart”). The Customer shall not acquire any direct rights of use from CopeCart, but CopeCart shall only transfer to the Customer the right to demand the transfer of the corresponding right of use from the Provider without separate remuneration. The product shall be transferred by the Provider. The Provider shall only become a contractual partner with regard to the specific use of the product.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(3) The contract shall be concluded in English.
(1) Following the order confirmation, the customer immediately receives access to the provider's member area. For this purpose, the customer creates a user account. In order to be able to use the provider's products, the customer requires Internet access and an Internet-enabled end device. As part of the membership, the customer receives access to video coaching to the extent corresponding to his selected subscription and to a telegram group in which the provider provides trading signals in real time.
(2) Membership runs automatically until it is terminated. The customer must provide a current, valid and accepted payment method, which can be updated at any time. The Customer shall be informed by CopeCart about the details of his membership and his purchase history.
(3) If the product selected by the Customer is not available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(1) Following the order confirmation, the customer immediately receives access to the provider's member area. For this purpose, the customer creates a user account. In order to be able to use the provider's products, the customer requires Internet access and an Internet-enabled end device. As part of the membership, the customer receives access to video coaching to the extent corresponding to his selected subscription and to a telegram group in which the provider provides trading signals in real time.
(2) Membership runs automatically until it is terminated. The customer must provide a current, valid and accepted payment method, which can be updated at any time. The Customer shall be informed by CopeCart about the details of his membership and his purchase history.
(3) If the product selected by the Customer is not available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(1) The Provider offers its products with a monthly, quarterly, semi-annual and annual term. The Customer may terminate its membership with the Provider no later than 14 days before the end of the agreed term. After expiry of this period, the Customer must give notice of termination to its contractual partner CopeCart by the last day of the agreed term at the latest; in this case, the Customer shall not be bound by the notice period set out in sentence 1.
(2) If notice of termination is given neither to the Provider nor to CopeCart in due time in accordance with para. 1 at the end of the agreed term, the membership shall remain in force and shall be extended by one month each month from this point in time if the Customer does not terminate in due time. In the case of the annual and half-yearly terms, the term shall be extended by half in this case. The Provider shall be entitled to assert claims against the Customer arising from an extended term without delay or to instruct CopeCart to collect the claim.
(3) Upon termination within the selected term, the right to use the product shall lapse at the end of the term. In the event of a new order after termination, the current purchase price shall apply. If the term is extended, the purchase price of the initial order shall apply.
(4) To the extent permitted by law, the Provider may, in addition to its right to terminate for good cause, terminate the Customer's membership by giving thirty days' written notice.
(1) Some of the provider's products are software-as-a-service products (“SaaS products”). SaaS products are products that provide the temporary right to use software via the Internet or by means of an app. The warranty for material defects shall be governed by the statutory provisions.
(2) The provider points out that it only owes the defect-free provision of the booked package for the agreed provision period. The provider expressly does not guarantee or warrant that the customer will make a financial profit by using the provider's products. The scope and timing of the investment is the sole responsibility of the customer. The provider is only responsible for sending buy or sell signals via the Telegram messaging service, according to which the customer can act accordingly. Express reference is made to the relevant disclaimer.
(3) An additional guarantee only exists for the products delivered by the provider if this was expressly stated in the order confirmation for the respective article.
The provider makes updates to its products in order to improve their user-friendliness, compatibility, functionality and interoperability. It reserves the right to make changes to its products in accordance with the statutory provisions. Changes and updates will be communicated to the customer and are covered by their respective membership.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The provider shall not be liable for losses of the financial resources used by the customer for trading.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
(1) Subject to payment of the remuneration owed and due, the customer shall receive the contractually agreed, non-transferable, non-exclusive right to use the provider's content for private or other personal use for the duration of the agreed term.
(2) The customer is expressly prohibited from sharing the trading signals of the provider's trading algorithms with third parties free of charge or for a fee, neither by passing them on privately nor by publishing them on social media channels or other means suitable for disseminating information.
(3) Commercial resale of the trading signals is prohibited for private and commercial users in any form whatsoever. In particular, commercial users are prohibited from creating funds with client money.
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. A consumer within the meaning of Section 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).
Cancellation 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 on which the supplier has provided the product.
To exercise your right of withdrawal, you must
Daniel Donaczi
Durlacher Straße 3B
10715 Berlin
(https://cryptoprofitscout.com)
E-Mail: daniel {at} cryptoprofitscout.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your 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 without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(3) The provider provides the following information about the model withdrawal form in accordance with the statutory provisions:
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us).
- To: Daniel Donaczi, Durlacher Straße 3b, 10715 Berlin
E-mail: daniel {at} danieldonaczi.com
- I/we (*) hereby revoke 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 the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) delete as appropriate
(4) The right of withdrawal for consumer contracts for digital content expires in accordance with Section 356 (5) BGB if the customer agrees that the provider begins with the execution of the contract before the expiry of the withdrawal period and if the customer has confirmed his knowledge that he loses his right of withdrawal by his consent with the beginning of the execution.
(1) The dissemination of the following content and behavior is prohibited on all of the provider's social media platforms:
Insults, hate speech, discrimination
Pornographic content
Depictions of violence
Advertising for commercial purposes
spam
Disruption of the group order
(2) In the event of one or more violations pursuant to para. 1, the provider is entitled, at its own discretion, to exclude the customer from participation on the social media platforms, in particular from the Telegram group. The same applies to violations of the group rules or netiquette. Netiquette serves to maintain social communication behavior on the Internet and means in particular the respectful and appropriate communicative interaction of the participating persons with each other.
(3) The exclusion cannot be contested.
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Status of the GTC: 30.10.2023
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