Terms and Conditions

RISK NOTICE

Before you start trading on the financial markets, you should take into account that trading in currencies, futures, stocks and other investment products takes place on the market and always involves significant risk. As a result of various financial fluctuations, you may not only significantly increase your capital but also lose it completely.

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

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
General Provisions

  1. The online store available at https://forex-softprogramming.com is operated by Forex-SoftProgramming Piotr Storożenko, based in Olsztyn, ul. Morwowa 27, postal code 10-337, Poland.
  2. These Terms are addressed to Consumers using the Store and set out the rules for using the online Store, as well as the rules and procedure for concluding Sales Contracts with the Customer at a distance via the Store.
  3. The issuance and administration of Licences for purchased Products — including account registration, activation and licence management — is carried out through a separate service, Lockingood (https://lockingood.eu), operated by the Seller as the licensing platform operator. These rules are set out in the Lockingood Terms, available at https://lockingood.eu, which complement these Terms with respect to the technical administration of Licences.

§ 2
Definitions

  1. Consumer — a natural person entering into a contract with the Seller as part of the Store, the subject matter of which is not directly related to their business or professional activity.
  2. Seller — Forex-SoftProgramming Piotr Storożenko, based in Olsztyn, ul. Morwowa 27, postal code 10-337, Poland, VAT/Tax ID (NIP) 7390515849, REGON 510439267.
  3. Customer — any entity making purchases through the Store.
  4. Store — the online store operated by the Seller at https://forex-softprogramming.com.
  5. Distance contract — a contract concluded with the Customer as part of an organised system for concluding contracts at a distance (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 conclusion of the contract.
  6. Terms — these Terms and Conditions of the Store.
  7. Order — a declaration of intent by the Customer, expressed by selecting a Product and a Licence period in the Store and making payment via the indicated payment link, aimed directly at concluding a Sales Contract for the Product with the Seller.
  8. Product selection form — an interactive form available in the Store, allowing the selection of a Product and the Licence period, on the basis of which redirection to payment takes place.
  9. Product — a service/subscription available in the Store which is the subject of the Sales Contract between the Customer and the Seller.
  10. Sales Contract — a contract for the sale of a Product concluded or to be concluded between the Customer and the Seller via the online Store. A Sales Contract is also understood to mean — depending on the characteristics of the Product — a contract for the provision of services.
  11. Licence — the right to use a purchased Product, issued and administered via the Lockingood service, in accordance with the Lockingood Terms.
  12. Registration — the creation of an account in the Lockingood service, necessary to manage the purchased Licence and gain access to the Product. The rules for Registration are set out in the Lockingood Terms.

§ 3
Contact with the Store

  1. Seller’s address: https://forex-softprogramming.com.
  2. Seller’s email address: notifications@forex-softprogramming.com.
  3. Bank transfer details (for Customers wishing to pay by a method other than Stripe) are available on the Contact page (https://forex-softprogramming.com/contact/).

§ 4
Technical requirements

To use the Store, including browsing the Store’s range and placing orders for Products, the following are required:
a) a terminal device with internet access and a web browser,
b) an active email account,
c) cookies enabled.

§ 5
General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or the incompatibility of the online Store with the Customer’s technical infrastructure.
  2. Browsing the Store’s range does not require Registration.
  3. Prices given in the Store are in EUR and are gross prices.
  4. The use of certain Products requires a subscription to the separate Cluster Delta service (https://clusterdelta.com/), which is not affiliated with the Seller. Information about this is always included in the Product description. Costs associated with using the Cluster Delta service are not included in the final amount payable and must be paid separately on the Cluster Delta website.
  5. The Customer is informed of the final amount payable for the Product on the Store’s pages while placing an Order, including at the moment payment is made.

§ 6
Rules for Placing an Order

To place an Order, the Customer must:

  1. Select the Product that is the subject of the Order.
  2. Select the Licence period.
  3. Accept the “Terms and Conditions”.
  4. Be redirected to payment via a dedicated Stripe payment link assigned to the selected Product and period combination.
  5. Complete the payment.

If the Customer wishes to pay by a method other than Stripe (e.g. bank transfer), bank transfer details are available on the Contact page (https://forex-softprogramming.com/contact/).

§ 7
Delivery and Payment Methods Offered

  1. The Customer downloads the Product by clicking the “Download” button located on the Product description page. Downloading the file does not require purchasing a Licence or logging in to Lockingood.
  2. To activate and use the downloaded Product, the Customer must purchase a Licence via their account in the Lockingood service “Customer Area”. The Product is activated by entering, within the program itself, the email address and password used to log in to Lockingood. Details on activation are available on the Support page
  3. Currently, the only payment method available in the Store is Stripe, via a fixed payment link assigned to the selected Product and period. If the Customer wishes to pay in a different way (e.g. by bank transfer), please get in touch — bank transfer details are available on the Contact page .

§ 8
Performance of the Sales Contract

  1. The Sales Contract between the Customer and the Seller is concluded at the moment the Customer makes payment for the selected Product, in accordance with § 6 of these Terms.
  2. The duration of the Licence and the rules for its activation are set out in the Lockingood Terms.

§ 9
Right of withdrawal from the contract

  1. The Consumer may withdraw from the Sales Contract within 14 days without giving any reason, provided the trial licence option (“Trial license”), which allows free use of the Product, was not used.
  2. The Consumer may withdraw from the Contract by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the deadline expires.
  3. The declaration may be sent electronically to the Seller’s email address, or by submitting the declaration on the Seller’s website — the Seller’s contact details are set out in § 3. The declaration may be made using the form attached to the Act of 30 May 2014 on Consumer Rights, although this is not obligatory.
  4. If the Consumer sends the declaration electronically, the Seller will promptly send the Consumer, to the email address provided by the Consumer, confirmation of receipt of the declaration of withdrawal.
  5. Effects of withdrawal from the Contract:
    a) in the event of withdrawal from a distance contract, the Contract is considered not to have been concluded;
    b) in the event of withdrawal, the Seller shall promptly refund the Consumer, no later than within 14 days of the date of receipt of the Consumer’s declaration of withdrawal, all payments made by the Consumer;
    c) the Seller shall make the refund using the same payment method used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not involve any costs for them.
  6. The right of withdrawal from a distance contract does not apply to the Consumer with respect to a Contract:
    a) the subject of which is a Product manufactured 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 express consent of the Consumer, who was informed before the service began that they would lose the right of withdrawal once the Seller had performed the service in full;
    c) for the supply of digital content not recorded on a tangible medium, if performance began with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer was informed by the Seller of the loss of the right of withdrawal.

§ 10
Complaint and warranty

  1. In the event of a defect in a Product purchased from the Seller, the Customer has the right to make a complaint based on the statutory warranty (rękojmia) provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty.
  2. Complaints should be submitted electronically to the Seller’s email address given in these Terms.
  3. 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 submitting the complaint, and the Customer’s request in connection with the defect in the Product.
  4. The Seller will respond to the complaint request promptly, no later than within 14 days; if the Seller fails to do so within this period, the Customer’s request is deemed to have been accepted as justified.
  5. If a warranty has been granted for a Product, information about it, as well as its content, will be included in the Product description in the Store.

§ 11
Out-of-Court Methods of Handling Complaints and Pursuing Claims

  1. Detailed information on the Consumer’s options for using out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and websites of poviat (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates, and at the following websites of the Office of Competition and Consumer Protection (UOKiK): 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.
  2. The Consumer has, among others, the following example options for using out-of-court methods of 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 the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve 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 the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable resolution of the dispute between the Consumer and the Seller;
    c. the Consumer may also obtain free assistance in resolving a dispute with the Seller by using the free assistance of a poviat (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (including the Consumers’ Federation, the Association of Polish Consumers).

§ 12
Personal data in the Online Store

  1. The controller of the personal data of Customers collected through the online Store is the Seller.
  2. The personal data of Customers collected by the controller through the online Store is processed for the purpose of performing the Sales Contract, and, if the Customer gives their consent, also for marketing purposes.
  3. To the extent necessary for the issuance and administration of a purchased Licence, the Customer’s personal data is transferred to the Lockingood service (https://lockingood.eu), through which the Licence is issued and administered. The rules for processing data within Lockingood are set out in the Lockingood Privacy Policy,
  4. Recipients of Customers’ personal data from the online Store may include:
    a) where a Customer uses an electronic payment method in the online Store, the entity handling such payments (Stripe), to which the controller discloses the collected personal data of the Customer;
    b) the Lockingood service — to the extent necessary for the issuance and administration of the Licence, including its hosting provider, OVHcloud and Hostinger,
    c) in the case of a Client requiring the issuance of an invoice by the Fakturownia service
  5. The Customer has the right to access and correct their data.
  6. The provision of personal data is voluntary; however, failure to provide the personal data specified in these Terms as necessary to conclude a Sales Contract will result in the inability to conclude it.

§ 13
Final provisions

  1. Contracts concluded through the online Store are concluded in the Polish language.
  2. The Seller reserves the right to make changes to the Terms for important reasons, namely: changes in legal regulations, and changes in payment and delivery methods — to the extent that these changes affect the implementation of the provisions of these Terms. The Seller will inform the Customer of any change at least 7 days in advance.
  3. In matters not regulated by these Terms, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights; Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR); and the Act of 10 May 2018 on the Protection of Personal Data.
  4. With respect to the technical administration of Licences, account registration and Product activation, the Lockingood Terms apply, available at https://lockingood.eu.
  5. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, the Customer may file a complaint via the EU’s online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
  6. The Store’s offer does not constitute advice or a 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) on information constituting recommendations concerning financial instruments, their issuers or providers.