I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (BM Trading GmbH) via the website bmtrading.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) By placing the respective digital content on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After clicking the button "Checkout" or "Continue to Order" (or similar name) and entering your personal data as well as the payment terms, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment provider. If you are redirected to the respective instant payment system, please make the appropriate selections and enter your data there. Finally, the order details will be displayed as an order overview either on the website of the instant payment provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview, make changes (also using the "back" function of your internet browser), or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "place order with costs", "pay" / "pay now" or similar), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the preparation of an offer are non-binding. We will send you a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out by email, partly automated. You must therefore ensure that the email address you provided to us is correct, that the receipt of emails is technically ensured, and especially that it is not blocked by spam filters.

§ 3 License for Digital Content

(1) The digital content offered is protected by copyright. You receive a usage license from the respective licensor for each digital content item purchased from us. The type and scope of the usage license are specified in the license terms stated in the respective offer.

§ 4 Special Agreements Regarding Payment Methods Offered
(1) SEPA Direct Debit
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit will be collected within 3–5 days after conclusion of the contract.
The deadline for the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a chargeback due to your fault, you must bear the applicable bank fee.

(2) Credit Check
If we provide advance services, e.g., when paying by invoice or direct debit, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, Germany, to protect our legitimate interests for the purpose of a credit check based on mathematical-statistical procedures. We reserve the right to deny payment by invoice or direct debit based on the result of the credit check.

(3) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:

Instant bank transfer ("Pay Now")
Further information about Klarna and the Klarna terms of use for Germany can be found at:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user
and https://www.klarna.com/de/

§ 5 Right of Retention

You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

§ 6 Warranty

(1) Statutory liability for defects applies.

(2) If a feature of the digital content deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it by us before submitting the contractual declaration, and the deviation was expressly and separately agreed between the contracting parties.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the product description of the manufacturer are deemed agreed upon as the quality of the digital content, not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion either by rectification or replacement. If the remedy fails, you may, at your option, demand a reduction or withdraw from the contract. The correction of defects is deemed to have failed after the second unsuccessful attempt unless the nature of the item, the defect, or other circumstances indicate otherwise.

c) The warranty period is one year from the delivery of the digital content. The reduction of the limitation period does not apply:

to damages culpably caused by us from injury to life, body, or health and for other damages caused intentionally or by gross negligence;

if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;

to items that have been used for a building in accordance with their normal use and have caused its defectiveness;

in the case of statutory recourse claims that you have against us in connection with defect rights.

§ 7 Choice of Law, Place of Fulfillment, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services from the existing business relationships as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

BM Trading GmbH
Josefstraße 9
33161 Hövelhof
Germany
Phone: +49 5257 924298
Email: info@bmtrading.de

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion itself, and the correction options are carried out in accordance with the section “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. The full contract text is not stored by us. Before sending the order, the contract data can be printed or electronically saved using the browser's print function. After the order has been received by us, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.

4. Key Features of the Goods or Services

The key features of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. No shipping costs are incurred.

5.3. Any costs incurred for the transfer of money (e.g., transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Provision

6.1. The conditions for provision, the provision date, and any existing provision restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7. Statutory Liability for Defects

The liability for defects is governed by the “Warranty” section in our General Terms and Conditions (Part I).

These terms and customer information have been created by the lawyers of Händlerbund specialized in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information is available at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last update: 22.10.2024

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Trading in derivative products such as futures, options, CFDs, Forex and certificates involves a considerable risk. These products are not suitable for every investor. Investors could potentially lose all or more of the original investment. If anything, only money that equals personal risk capital and can be lost without jeopardizing financial security or lifestyle should be used. Partially or fully automated trading programs can only be used to support the trader. Past performance is not an indication of future results. Total risk disclosure.