Terms and Conditions - Forex

RISK NOTICE

Before you start trading on the financial markets, you should consider that trading in currencies, futures, stocks and other investment products is market-based and always involves a significant degree of risk. As a result of various financial fluctuations, you can not only significantly increase your capital, but also completely lose it.

Trading derivative instruments involves a high risk to your capital, and you should only engage funds that you can afford to lose. Trading derivative instruments may not be suitable for all investors, so make sure you fully understand the associated risks and seek independent advice if necessary.

Software, elements of trading ideas, trading systems, trading signals, and other information from the portal https://forex-softprogramming.com are intended for educational purposes only, and the risk and responsibility for any financial outcome lie solely with the client.

Terms and conditions of use of the online store and service

§ 1
Preliminary provisions

The online store available at the internet address https://forex-softprogramming.com is operated by Forex-SoftProgramming Piotr Storożenko, based in Olsztyn, ul. Morwowa 27, postal code 10-337.
This Terms and Conditions are aimed at Consumers using the Store and define the rules for using the online Store, as well as the rules and procedures for concluding Distance Sales Agreements with the Customer through the Store.

§ 2
Definitions

Consumer — a natural person entering into a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller — Forex-SoftProgramming Piotr Storożenko, based in Olsztyn, ul. Morwowa 27, postal code 10-337, NIP 7390515849, REGON 510439267.
Client — any entity making purchases through the Store.
Store — an online store operated by the Seller at the internet address www.forex-softprogramming.com.
Distance contract — a contract concluded with the Client as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of concluding the contract.
Regulations — these store regulations.
Order — a declaration of intent made by the Customer using the Order Form and directly aimed at concluding a Product Sales Agreement with the Seller.
Order form — an interactive form available in the Store that allows placing an Order, in particular by selecting a Product and specifying the terms of the Sales Agreement, including the method of payment.
Product — an item, service, or subscription available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement — a sales agreement of a Product concluded or to be concluded between the Client and the Seller through the Online Store. The Sales Agreement also includes — with regard to the characteristics of the Product — a service agreement and a work contract.
License – a permission from the Seller granted to the Consumer to use a specific Product under certain conditions. The main features of a license: Consumer, Product, Duration of use, Number of Activations.
Trial license, type of license. Allows the Consumer to use the Product in a limited form. It can only be activated if the Consumer has not previously had a license for the given Product. Restrictions: usage time – 14 days, 1 activation. The trial license is free of charge.
Environment: a computer with a terminal (Metatrader4 or Metatrader5) running on it, in which the Product will be used.
Activation – an action that the Consumer should perform with the license before starting to use the Product. It requires the environment specified in point 13. The number of possible activations is limited and always indicated in the product description. The license for the Product cannot be activated if a license for this Product has already been activated in the chosen environment. The requirement for activation does not apply to the “License Service”. More information about activation, including how to properly perform it, can be found in the “Technical Support” section.
Registration – creating an account in the database. To create an account, an email address and password are required. Registration is free and necessary for activating and using the product.
Database – a collection of registered Consumer data with information about the Products they have purchased, enabling the provision of the services they have subscribed to.

§ 3
Contact with the Store

Seller’s address: www.forex-softprogramming.com
Seller’s e-mail address: notifications@forex-softprogramming.com

§ 4
Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a) an end device with Internet access and a web browser,
b) an active email account,
c) cookies enabled,
d) FlashPlayer installed.

§ 5
General information

The Seller, to the fullest extent permitted by law, is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
Browsing the Store’s range does not require Registration.
Prices listed in the Store are in Polish zloty and are gross prices.
Prices listed in the Store are in USD and are gross prices.
Some products that can be found on the download pages require a subscription to the Cluster Delta service. This information is always included in the product description. Costs associated with using the Cluster Delta service are not included in the final amount to be paid and should be paid separately on the Cluster Delta website.
The Customer is informed of the final amount to be paid for the Product on the Store’s Pages during the placing of the Order, including at the moment of expressing the intention to be bound by the Sales Agreement.

§ 6
Rules for Placing an Order

To place an order, you must:

Enter the email address of the user registered in the database, to which Activation will be carried out
Choose the Product that is the subject of the order;
Choose the duration of product use.
Choose the number of activations (does not apply to the “License Service”).
Accept the terms and conditions of use. Click the “Pay with Stripe” button.
Choose one of the available payment methods and pay for the order

§ 7
Offered delivery and payment methods

The customer can use the following methods to deliver the ordered Product:
a) The customer downloads the product by clicking on the “Download” button located on the product description page
The customer can use the following payment methods:
a) all available payment methods in the Stripe system

§ 8
Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with § 6 of the Regulations and made the payment.
Upon receipt of payment, the Seller provides the Customer with the ability to use the product. The period of use is counted from the date of the first activation of the product by the customer or from the date of resuming use of the product in cases where there was an interruption in use.

§ 9
Right of withdrawal from the contract

The consumer may withdraw from the Sales Agreement within 14 days without giving any reason, provided that the “Trial License” option, which allows free use of the product for 14 days from the date of activation, was not used.
The consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the consumer to send the statement before the deadline expires.
The seller is not obliged to accept a return if the sale concerns digital content that is not stored on a tangible medium (art. 38 of the Act, the right of withdrawal from a contract concluded outside the business premises or at a distance does not apply to the consumer).
The statement may be sent electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website — the Seller’s contact details are specified in § 3. The statement can be submitted using the annex to the Act of 30 May 2014 on consumer rights, but this is not mandatory.
In the event that the Consumer submits a statement electronically, the Seller shall promptly send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the Consumer.
Effects of withdrawal from the Agreement: a) in the case of withdrawal from a Distance Agreement, the Agreement is considered not concluded, b) in the case of withdrawal from the Agreement, the Seller shall immediately, but no later than within 14 days from the day of receipt of the Consumer’s statement of withdrawal from the Agreement, refund all payments made by the Consumer, c) the Seller shall make the refund using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for them.
The right to withdraw from a distance contract does not apply to the Consumer in relation to a Contract:
a) where the subject of performance is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet their individual needs,
b) for the provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent, who was informed before the commencement of the service that upon fulfilment of the service by the Seller, they would lose the right to withdraw from the Contract
c) for the supply of digital content not supplied on a tangible medium, if the performance has begun with the express consent of the Consumer before the withdrawal period has expired and after the Consumer has been informed by the Seller of the loss of the right to withdraw from the Agreement.

§ 10
Complaint and warranty

In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
Complaints should be submitted electronically to the email address of the Seller provided in these Terms and Conditions.
It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer making the complaint, and the Customer’s request regarding the defective goods.
The seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not respond within this period, it is considered that the customer’s request has been accepted as justified.
In the case where a warranty has been provided for the Product, information about it, as well as its content, will be included in the Product description in the Store.

§ 11
Extrajudicial methods of handling complaints and pursuing claims

Detailed information regarding the possibilities for the Consumer to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and websites of district (city) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following example options to use out-of-court methods for handling complaints and pursuing claims:
a. the consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for the resolution of a dispute arising from the Contract concluded with the Seller,
b. the consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller
c. The consumer can obtain free assistance in resolving a dispute between themselves and the Seller, also benefiting from the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g., the Consumers’ Federation, the Polish Consumers Association).

§ 12
Personal data in the Online Store

The administrator of the personal data of Customers collected through the Online Store is the Seller.
The personal data of Customers collected by the administrator through the Online Store is collected for the purpose of performing the Sales Agreement, and if the Customer consents — also for marketing purposes.
Recipients of the personal data of Online Store Customers may include:
a) in the case of a Customer using electronic payment methods or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the entity handling these payments in the Online Store.
The client has the right to access the content of their data and to correct it.
Providing personal data is voluntary; however, failure to provide the personal data specified in the Regulations as necessary for concluding the Sales Agreement will result in the inability to conclude the agreement.

§ 13
Final provisions

Contracts concluded through the Online Store are concluded in Polish.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in legal regulations, changes in payment and delivery methods — to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means; the Consumer Rights Act; the Personal Data Protection Act.
The customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may submit a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
The store’s offer does not constitute advice or recommendation within the meaning of the Regulation of the Minister of Finance of 19 October 2005 (Journal of Laws of 2005, No. 206, item 1715) concerning information constituting recommendations regarding financial instruments, their issuers or providers.