1. Scope
These General Terms and Conditions (GTC) shall apply, following their inclusion, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as "Goods") in the online shop at the aforementioned URL in their version valid at the time of contract conclusion. These GTC shall apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop
2.2 The ordering of the goods is done through the provider's online order form. After selecting the desired goods, entering all mandatory information as requested, and completing all other mandatory steps in the order process, the selected goods can be ordered by pressing the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the contract in writing or in text form (e.g., via email) (Order Confirmation) and sends this Order Confirmation to the customer or by delivering the ordered goods and sending those goods to the customer or by requesting payment from the customer (e.g., invoice or credit card payment during the ordering process) and sending the payment request to the customer; the time of acceptance is decisive. The time of conclusion of the contract is the moment when one of the alternatives mentioned in the first half-sentence first occurs.
2.3 Before submitting the order via the provider's online order form, the customer can review their entries and make corrections at any time using the standard keyboard, mouse, touch, or other available input functions. In addition, all entries will be displayed in a confirmation window before the binding submission of the order, and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.
2.4 After the conclusion of the contract, the provider will save the contract text and transmit it to the customer in text form (e.g., via email). The provider will not provide further access to the contract text. If the purchase is made through a customer account in the online shop, the customer can view their orders and the associated order data there.
3. Subscription and Cancellation Policy
3.1 Our services are offered exclusively as subscription-based products. These subscriptions are subject to automatic renewal unless timely cancelled by the customer. During the subscription period, a switch of subscription types is not permissible.
3.2 Subscribers will receive analyses within specified timeframes, differing based on the product chosen:
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US Stocks: Delivered on Tuesdays and Fridays.
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DAX-40 Stocks: Delivered on Tuesdays and Fridays.
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Crypto Analysis: Delivered on Mondays and Wednesdays.
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Indices Analysis: Delivered on Mondays and Wednesdays.
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Commodities Analysis: Delivered on Mondays and Wednesdays.
The duration of these subscriptions is available in varying terms of one month, three months, or twelve months.
3.3 As an additional, voluntary service, NLK offers to send analyses via email at no extra cost. This service is subject to change or discontinuation by NLK at any time without prior notice. Customers may opt out of email deliveries during their subscription term by clicking the unsubscribe link at the bottom of the email, or by sending a request to support@nlkfinance.com It is important to note that opting out of email deliveries does not equate to the cancellation of the subscription. Customers can request reactivation of email analysis delivery by contacting support@nlkfinance.com.
3.4 Customers have the right to cancel their subscription up to three days before the expiration date via the customer portal. Alternatively, customers may send a formal cancellation request to support@nlkfinance.com at least three days prior to the end of the subscription period. Failure to cancel within these timeframes will result in automatic subscription renewal for the respective term.
3.5 Upon expiration of a subscription, customers will retain access to their customer account, but will no longer have access to new analyses provided by NLK. The customer profile will remain active for potential future subscriptions.
4. Right of Withdrawal for Consumers
4.1 Consumers generally have a right of withdrawal in the case of contracts concluded outside business premises and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
4.2 You are entitled to withdraw from the contract within a period of fourteen days from the day the contract was established. To activate your withdrawal right, please notify NLK at Bertaweg 7, 4528 Zuchwil. You can do this through various channels: by sending us a written letter, or by emailing us at info@nlkfinance.com. Your notification must clearly state your intention to withdraw from the contract and must be dispatched within the 14-day period.
4.3 If you decide to withdraw from this agreement, NLK is obligated to refund all payments received from you. This refund will be processed promptly, and in any event, not later than fourteen days from the day we are informed about your decision to withdraw from the contract. For the refund, NLK will employ the same payment method that you used for the original transaction, unless explicitly agreed otherwise. You will not incur any fees as a result of such a refund.
4.4 It's important to note that your right to withdraw from the contract is forfeited in certain cases. This applies particularly to contracts for the supply of digital content which is not provided on a tangible medium. The right of withdrawal expires if NLK has started executing the contract following your express consent and your acknowledgment that you understand this execution leads to the loss of your withdrawal right.
5. Payment and Arrears
5.1 The prices listed in the online shop at the time of the order apply. Information regarding available payment methods is provided to the customer in the online shop.
5.2 If payment by credit or debit card is agreed upon, the purchase price becomes due immediately after the conclusion of the contract.
5.3 If payment through "PayPal" is arranged, the purchase price is due immediately upon contract completion. Payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
6. Retention of Title and Intellectual Property
6.1 Retention of Title: The products purchased remain the property of the seller until full payment of the purchase price is received. This applies to all goods sold through our online shop.
6.2 Intellectual Property Rights: All analyses, images, texts, and documents provided as part of our service are the intellectual property of the seller. These materials are exclusively for the personal use of the individual who has entered into the contract with us.
6.3 Prohibition of Redistribution: The customer agrees not to distribute, reproduce, or publish any provided analyses, images, texts, or documents in any form. Sharing these materials with third parties is strictly prohibited.
6.4 Use Restrictions: The analyses and documents are intended solely for the contractual customer's use and must not be used for any commercial purposes or made available to any third parties.
6.5 Legal Consequences of Unauthorized Use: Any unauthorized use, sharing, reproduction, or publication of the provided materials is a violation of the seller’s intellectual property rights and may result in legal action. The customer acknowledges that such actions can lead to civil and criminal penalties.
6.6 Protection of Content: The seller reserves all rights to the content provided. Customers are obligated to respect and protect the intellectual property rights of the seller and to use the content only as agreed in the terms and conditions of the contract.
7. Delivery and Reservation of Self-Supply
7.1 Unless otherwise agreed, delivery will occur within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
7.2 Self-collection of the purchased goods is not an option.
7.3 If the provider is unable to deliver the ordered goods because they themselves have not been supplied, through no fault of their own, despite having timely concluded a congruent covering transaction with a reliable supplier, the provider is released from their obligation to perform and may withdraw from the contract. The provider is obligated to inform the customer promptly about the impossibility of fulfilling the service. Any reciprocal performance already rendered by the contractual partner will be reimbursed without delay. Mandatory consumer law remains unaffected by this paragraph.
8. Warranty
8.1 The legal provisions regarding warranty for defects apply.
8.2 Descriptions of the Portal or Products: Information provided about the portal or products in promotional materials, on websites, or in other media serves exclusively for the description of the nature of the products. Such descriptions should not be interpreted as an assurance or guarantee of a specific quality or characteristic.
8.3 Limitation of Representation: Descriptions or representations in our advertising or promotional materials are made to the best of our knowledge and belief. However, they do not constitute a warranty or guarantee of the product features. Customers are encouraged to verify the product specifications and features as described on our official platform.
8.4 No Guarantee of Suitability: While we strive to provide accurate and comprehensive information about our products, we do not guarantee that the products will meet every customer's individual needs or expectations. Customers should make their own assessment as to the suitability of the products for their intended use.
8.5 Notification of Defects: In the event of any defects, customers are obliged to notify us promptly upon discovery. We will endeavor to rectify valid defects in accordance with the legal warranty rights of the customer.
8.6 Amendments to Product Specifications: We reserve the right to make changes or improvements to product specifications that do not materially affect the functionality or quality of the product.
9. Liability
In addition to the following limitations of liability, this Agreement incorporates by reference to separate "Disclaimer" regarding the use of NLK's Trade Signals.
9.1 The provider is fully liable for:
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Damages resulting from harm to life, body, or health caused by intentional or negligent breach of duty by the provider, or by intentional or negligent breach of duty by a legal representative or agent of the provider;
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Damages resulting from intentional or grossly negligent breach of duty by the provider, or from intentional or grossly negligent breach of duty by a legal representative or agent of the provider;
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Damages covered under a guarantee promise, unless otherwise regulated;
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Mandatory liability under applicable laws (e.g., product liability laws).
9.2 If the provider negligently breaches a fundamental contractual obligation, liability shall be limited to foreseeable damages typical for the contract, unless liable without limitation as per the previous paragraph. Fundamental contractual obligations are those which the contract imposes on the provider according to its content for achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and upon which the customer can regularly rely.
9.3 Otherwise, liability of the provider as well as its agents and legal representatives is excluded.
9.4 Affiliate Marketing Disclaimer: The provider collaborates with various affiliates for marketing and promoting its products. While we ensure that our affiliates understand our products and services, we cannot guarantee the accuracy or reliability of their statements. We expressly disclaim any liability for misrepresentations or misleading statements made by our affiliates, particularly those on platforms like YouTube and other social media channels.
9.5 Limitation of Responsibility: The responsibility for any claims arising from the statements or promotional activities of our affiliates lies solely with them. The provider is not liable for any misinformation, exaggerated claims, or false statements made by affiliates in the course of marketing or promoting our products.
9.6 Customer Vigilance: Customers are advised to verify information and exercise due diligence when evaluating products based on affiliate promotions. The provider assumes no responsibility for decisions made based on affiliate marketing materials.
9.7 Reporting Misrepresentations: Customers are encouraged to report any misleading or false representations made by affiliates to the provider. While we commit to addressing such issues with affiliates, we are not liable for their independent actions.
10. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with legal data protection regulations. For more details, please refer to the provider's privacy policy.
11. Final Provisions
11.1 The laws of Switzerland shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not deprive a consumer residing in the EU of the protection afforded by mandatory provisions of the law of the country in which they reside.
11.2 If the customer is a businessperson, a legal entity under public law, or a special fund under public law, the courts at the provider’s location shall have jurisdiction, except where an exclusive jurisdiction is established for disputes. This also applies if the customer resides outside the European Union. The company's registered office is as indicated in the header of these Terms and Conditions.
11.3 Should any provision of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the economic intent and purpose of the invalid or unenforceable provision.
12. Information on Online Dispute Resolution / Consumer Arbitration
The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the header of these Terms and Conditions.