This is an English translation for convenience. In case of any discrepancy, the German version is legally binding.
§ 1 Scope of Application
1.1 These Terms and Conditions apply to all contracts and services of F&S Coaching FZCO, Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates (hereinafter "Provider"). They govern the business relationship between the Provider and consumers or entrepreneurs with regard to the purchase and use of the goods and services offered.
The scope of application includes, in particular: online coaching, webinars, seminars, video courses, memberships in signal groups and individual advisory services offered via the platforms www.firstclass-trading.com, www.firstclass-trading.de and associated social media channels (Instagram, Facebook, YouTube, Telegram).
A consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.2 Amendments to these terms will be communicated to the customer in writing, by fax or by email. If the customer does not object to these amendments within four weeks of notification, the amendments shall be deemed accepted.
§ 2 Conclusion of Contract
2.1 The presentation of the products and services does not constitute a binding offer. Only the customer's order constitutes a binding offer (§ 145 BGB). Upon acceptance of this offer by the Provider, an order confirmation is sent by email.
2.2 After a successful order, the customer receives a purchase confirmation email containing all relevant data. The customer is obliged to ensure that the email address provided is correct.
2.3 During the ordering process, the customer has the opportunity to correct their entries. Before completing the order, the customer receives an overview of all order details for review.
2.4 The contract is concluded in the German language.
2.5 The Provider makes contact by email.
2.6 For digital goods, the Provider grants a non-exclusive right, unlimited in terms of territory and time, to use the content for private and business purposes. Passing on the content to third parties or reproducing it for third parties is prohibited without the Provider's express permission.
2.7 The customer agrees that contract-related communication will generally take place by email – including invoices, contract amendments and other information.
§ 3 Terms of Payment
3.1 The purchase price is due immediately upon ordering. Payment is made using the payment methods provided.
3.2 The prices stated at the time of the order apply. The prices shown include statutory value added tax, where applicable.
3.3 Set-off against the Provider's claims is only permitted with undisputed counterclaims or counterclaims that have been finally established by a court.
3.4 Payments are processed via the external payment service provider Ablefy GmbH, Potsdamer Straße 125, 10783 Berlin, Germany. Ablefy handles payment processing, invoicing and subscription management on behalf of the Provider. The purchase contract exists exclusively between the customer and the Provider; payment processing is carried out separately via Ablefy.
Important notice: All inquiries regarding payment processing, the management of payment data, termination of the contract or cancellation of subscriptions must be addressed directly to Ablefy. Contact information can be found at https://ablefy.io/ and at https://support.ablefy.io/.
The customer expressly acknowledges that contract amendments concerning payment terms and the cancellation of ongoing payments are handled exclusively via Ablefy. A termination or amendment made directly with the Provider is ineffective.
§ 4 Shipping Terms
4.1 Goods are shipped in accordance with the agreements made. Any shipping costs incurred are stated in the product description and listed separately on the invoice.
4.2 Digital goods are provided electronically either as a download or by email.
§ 4a Value Added Tax and Tax Law Information
4a.1 The Provider has its registered office in the United Arab Emirates. The services offered comprise individualized services such as personal support, live calls, analyses and the provision of information material – and do not constitute services provided exclusively by electronic means within the meaning of the VAT directives. For this reason, value added tax is not shown in accordance with the applicable regulations.
4a.2 The customer is personally responsible for reviewing the tax provisions applicable in their home country and for duly fulfilling any tax obligations. The Provider expressly excludes any liability for the customer's tax obligations.
§ 5 Right of Withdrawal
5.1 Consumers (pursuant to § 13 BGB) are in principle entitled to a statutory right of withdrawal. Entrepreneurs (pursuant to § 14 BGB) acting in the exercise of their commercial or independent professional activity are not entitled to a statutory right of withdrawal. The detailed withdrawal policy is shown on the payment page of the respective product.
5.2 In the case of the supply of digital content (not on a tangible data carrier), the consumer's right of withdrawal expires prematurely if the Provider has begun performance of the contract after the consumer has expressly consented to performance commencing before the expiry of the withdrawal period and has confirmed that they lose their right of withdrawal by giving such consent.
5.3 Service contracts have an agreed initial term. Unless expressly agreed otherwise, they are automatically renewed upon expiry for the original term, unless either contracting party gives notice of termination in writing or in text form (by email or other electronic message) 14 days before the end of the term. The right to extraordinary termination for good cause remains unaffected.
§ 6 Offline Events
The following applies to the purchase of tickets for offline events:
The organizer reserves the right to cancel events for compelling organizational or economic reasons beyond its control. In this case, the customer will be informed immediately and the tickets will be rebooked for subsequent events. Costs against which the customer could have insured themselves (ticket insurance, travel cancellation insurance, etc.) will not be reimbursed.
In the event of force majeure or cancellation of the event by the authorities, the organizer excludes any liability. Liability for travel or accommodation costs booked by the customer and any cancellation fees is likewise excluded.
§ 7 Warranty
If the goods delivered are defective, the customer may, within the scope of the statutory provisions, demand subsequent performance, withdrawal from the contract or termination, reduction of the price, damages or reimbursement of futile expenses. Defects known to the customer prior to the purchase do not give rise to warranty claims. Warranty claims become time-barred two years after receipt of the goods.
§ 8 Limitation of Liability
8.1 The Provider is liable for intent and gross negligence. In addition, the Provider is liable for the negligent breach of obligations whose fulfillment is essential to the proper performance of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may regularly rely. However, liability is limited to the foreseeable damage typical for the contract. The Provider is not liable for slight negligence in respect of other obligations.
8.2 The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
8.3 According to the current state of the art, data transmission over the internet cannot be guaranteed to be error-free and/or permanently available. The Provider is therefore not liable for the constant and uninterrupted availability of the online system and the online offering.
8.4 The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 9 Confidentiality, Data Protection and Partial Invalidity
9.1 The customer undertakes to treat as strictly confidential all confidential information made accessible to them in the course of the cooperation with the Provider (including coaching content, strategies, analyses and content of internal communities and member areas) and not to make it accessible to third parties. This obligation continues to apply after the end of the contract.
9.2 The Provider undertakes to comply with the statutory data protection provisions and to use the customer's personal data exclusively for the performance of the contract and the maintenance of the customer relationship. Detailed information can be found in the privacy policy on the website.
9.3 Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision. The same applies in the event of a regulatory gap.
§ 10 Exclusion of Success and Assumption of Risk
10.1 The Provider expressly does not guarantee any particular results. All content, signals, analyses, market commentary and recommendations provided serve exclusively for informational and educational purposes and do not constitute individual investment advice or a solicitation or recommendation to buy, sell or hold financial instruments.
10.2 Results presented on the website, in social media channels and in advertising material are based on actual experiences of individual members or on signals provided. They serve exclusively for illustrative purposes and do not constitute a guarantee of future success or of any particular development.
10.3 Stated average hit rates are based on past experience, naturally fluctuate and do not constitute a guarantee or reliable forecast of future results. They are not intended as a basis for decisions regarding personal trading activity.
10.4 The number and frequency of signals and analyses vary depending on market conditions and the Provider's qualitative assessment. There is no entitlement to a specific number of signals or analyses.
10.5 The customer makes all investment and trading decisions on their own responsibility and at their own risk. The customer must independently and comprehensively inform themselves about the associated risks and, where appropriate, obtain expert advice. The Provider expressly excludes any liability for losses or damages resulting from the customer's trading decisions.
10.6 Trading in financial products (futures, options, foreign exchange, cryptocurrencies) involves considerable risks that may lead to a total loss of the capital invested. Only persons and institutions that are willing and financially able to bear such losses should engage in these activities. The customer should independently assess whether they can financially bear such investments and the associated risks.
§ 11 Copyright and Contractual Penalty
11.1 All content provided by the Provider (training documents, videos, signals, analyses, scripts and other materials/data) is intellectual property protected by copyright. Reproduction, distribution, making publicly available or passing on to third parties is prohibited without prior written consent.
11.2 Upon conclusion of the contract, the customer receives a simple, non-transferable and non-sublicensable right of use exclusively for personal use. Any use beyond this, in particular passing on to third parties or commercial exploitation, is prohibited.
11.3 In the event of a culpable infringement, the customer owes a contractual penalty in the amount of twenty times the purchase price of the product concerned. Further claims for damages remain unaffected.
§ 12 Duties to Cooperate, Conduct in the Community and Protection of Content
12.1 The customer is obliged to perform all acts of cooperation required for the proper performance of the contract in a timely and complete manner. This includes, in particular, providing and maintaining correct contact details and independently activating and using access to the platform, groups or digital content.
12.2 The customer undertakes to behave respectfully and objectively within the community (Telegram groups, live calls, online forums) towards the other participants and the Provider. In the event of serious or repeated violations of these rules of conduct or disruption of group proceedings, the Provider may, after a single warning, temporarily or permanently exclude the customer from participation. The customer's payment obligation remains unaffected.
12.3 Passing on access data or provided content (videos, analyses, signals, PDF downloads) to third parties is prohibited. The customer is obliged to keep the access data safe and not to make it accessible to third parties. In the event of a culpable infringement, the Provider may block the customer's access immediately; claims for damages or the contractual penalty pursuant to § 11 remain unaffected.
12.4 The customer is prohibited from systematically or repeatedly approaching community participants for their own business purposes or for promotional contact. In the event of violations, the Provider may exclude the customer from further participation in the community. The customer's contractual obligations remain unaffected.
12.5 The Provider may temporarily or permanently block access to platforms, groups or digital content or terminate contracts extraordinarily for good cause if the customer breaches material obligations, defaults on payment or violates applicable law. The customer's payment obligation remains unaffected.
12.6 The customer is obliged to keep their contact details up to date and to notify changes without undue delay. Any disadvantages resulting from incorrect or outdated information shall be borne by the customer.
§ 13 Availability and Maintenance Work
13.1 The Provider endeavors to make its services and platforms available with as few interruptions as possible. However, for reasons of maintenance, security or capacity, as well as due to events beyond the Provider's control, short-term disruptions or a temporary suspension of the services may occur. This does not constitute a defect and does not give rise to any claims by the customer, in particular no claims for damages or price reduction.
§ 14 Force Majeure
Events of force majeure that make performance of the contract considerably more difficult or impossible entitle the Provider to postpone performance for the duration of the impediment plus a reasonable start-up period. Force majeure includes, in particular, strikes, lawful lockouts, war, pandemics, natural disasters or similar unforeseeable events for which neither party is responsible.
§ 15 Final Provisions
15.1 Amendments or supplements to these Terms and Conditions must be made in writing. This also applies to any waiver of the written form requirement.
15.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory provisions of the consumer's home country remain unaffected.
15.3 For consumers who, at the time the contract is concluded, have their domicile or habitual residence in Germany and either move or whose place of residence is unknown at the time the action is filed, the place of jurisdiction is the registered office of the Provider.
For consumers without a domicile or habitual residence in an EU member state, the exclusive place of jurisdiction is the registered office of the Provider.
For entrepreneurs, legal entities under public law or special funds under public law domiciled in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider.
15.4 Should individual provisions of this contract be or become invalid or conflict with a statutory provision, the remainder of the contract shall remain unaffected. The invalid provision shall be replaced by a valid provision that corresponds to the economic purpose of the invalid provision. The same applies in the event of a regulatory gap.