General Terms and Conditions

General Terms and Conditions for Digital Products by LumoSpectra

for various digital products (e.g., trading indicators, tools), offered by:

LumoSpectra, c/o Maria Jose Devooght, Eichenweg 4, 53518 Adenau, Germany

– hereinafter referred to as “Provider” –

and the customers referred to in § 2 of the contract

– hereinafter referred to as “Customer” –

The following shall apply:

§ 1 Scope, Definitions

(1) The Provider sells physical or digital goods (particularly trading indicators such as the “Institutional Order Finder Pro”) or other digital products via its website (or an integrated checkout). The Provider presents these items in the form of product pages or descriptions online.

(2) The following General Terms and Conditions (GTC) apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. Deviating terms and conditions of the Customer will not be recognized unless the Provider expressly agrees in writing.

(3) The Customer is deemed to be a consumer if the purpose of the ordered deliveries and services cannot predominantly be attributed to his or her commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or legally responsible partnership that enters into a contract with the Provider in the exercise of its commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The presentation of the products does not constitute a legally binding offer but an invitation to submit an offer.

(2) The Customer may select products from the Provider’s assortment via the respective product page and place them in the digital shopping cart (or buy directly). By clicking a button such as “Buy Now,” the Customer makes a binding offer to conclude a purchase contract. By clicking this button, the Customer acknowledges these GTC as well as any additional contractual terms.

(3) After sending the order, the Customer receives an automated order confirmation by email, which merely confirms receipt of the purchase offer but does not constitute acceptance. A purchase contract is only concluded through an explicit declaration of acceptance (e.g. email) or by providing access to the digital product (e.g. download link, license key).

(4) The contract language is German or English, as indicated on the product page.

§ 3 Delivery, Availability of Goods

(1) For digital products (e.g., trading indicators), “delivery” typically means providing a download link, license key, or online access. If physical goods are offered, the respective delivery times are indicated on the product page.

(2) Digital products are generally available to the Customer immediately after successful payment. Any deviations (e.g., custom-coded indicators) are noted in the product description.

(3) For physical products, the Provider does not assume any procurement risk. If the Provider is not supplied in time by its own supplier and it is not at fault, the Provider may withdraw from the contract. Any payments already made will be refunded.

(4) A shipping address is only required for physical products; digital goods are provided electronically.

§ 4 Retention of Title

Until full payment is received, the delivered goods or the usage rights to digital products remain the property of the Provider.

§ 5 Prices and Shipping Costs

(1) All listed prices are total prices (including any applicable VAT), unless otherwise stated.

(2) Shipping costs apply only if physical goods are involved. For digital products, there are no shipping costs.

(3) If the Customer is a consumer, the Provider bears the shipping risk for physical goods. In the event of a return after a withdrawal, the Customer bears the direct return costs, unless otherwise agreed.

§ 6 Terms of Payment

(1) Payment is typically processed via Stripe. Stripe may offer the Customer various payment methods such as credit card, Apple Pay, Google Pay, or bank transfer.

(2) The purchase price is due at the time of the contract’s conclusion. If a payment fails or is reversed (e.g., chargeback), the Provider may refuse delivery or access to digital products until payment has been successfully made.

§ 7 Warranty Rights & Warranties

(1) Statutory warranty rights apply unless otherwise expressly agreed.

(2) For entrepreneurs, claims for defects become time-barred one year after delivery or provision of the digital product.

(3) The above limitation does not apply to liability for damages based on injury to life, body, or health, or if there is fraudulent intent, or in cases of intentional or grossly negligent breach of duty by the Provider.

(4) If third parties (e.g., software component developers) grant separate warranties, any claims must be directed exclusively to those third parties.

§ 8 Liability

(1) The Provider is fully liable for damages resulting from intentional or grossly negligent conduct by the Provider, its legal representatives, or agents, as well as for injury to life, body, or health.

(2) In cases of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations) and limited to the typical, foreseeable damage at the time of contracting.

(3) Liability under the Product Liability Act remains unaffected.

§ 9 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. Consumers can use this platform to settle disputes arising from online purchases out of court.

The Provider is neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.

§ 10 Final Provisions

(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory legal regulations of the state in which the consumer has their 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 exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Provider is the Provider’s registered office.

(3) Should any individual provision of these GTC be invalid, the remainder of the contract remains valid. The invalid provision is replaced by statutory regulation.

Instructions on Withdrawal and Withdrawal Form

a. Right of Withdrawal

(1) Consumers generally have a 14-day right of withdrawal (cooling-off period) for distance (online) contracts. For physical goods, this period starts when the consumer—or a third party other than the carrier and indicated by the consumer—takes possession of the goods. For digital products, the withdrawal period typically begins upon conclusion of the contract.

(2) For digital content not supplied on a tangible medium (e.g., an immediate download), the right of withdrawal may expire prematurely if you have expressly consented to the start of performance before the withdrawal period ends, and have acknowledged that you lose your right of withdrawal by doing so.

(3) Entrepreneurs (B2B) generally have no statutory right of withdrawal.

b. Effects of Withdrawal

(1) If you withdraw from this contract, we shall reimburse all payments received from you, including shipping costs (if any), without undue delay and in any event no later than 14 days from the day on which we receive your notification of withdrawal. Unless otherwise agreed, we will use the same payment method you used for the original transaction.

(2) For physical goods, we may withhold reimbursement until we have received the goods back or you have provided evidence of having sent them back, whichever is earlier. You must return the goods without undue delay, and in any event no later than 14 days from the day you inform us of the withdrawal.

(3) If the product is digital content that has already been accessed or downloaded, and you agreed to immediate access, you typically lose your right of withdrawal upon the first access.

Model Withdrawal Form

(If you wish to withdraw from the contract under the conditions outlined above, please complete and return this form.)

— To:
LumoSpectra
c/o Maria Jose Devooght
Eichenweg 4
53518 Adenau, Germany
Email: [email protected]
Phone: +49 (0)2691 / 9318388

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods/digital products:

______________________________________________________________

Ordered on (*) / received on (*):

______________________________________________________________

Name of consumer(s):

______________________________________________________________

Address of consumer(s):

______________________________________________________________

Signature of consumer(s) (only if printed/mailed):

______________________________________________________________

Date:

(*) Cross out if not applicable.