Terms & Conditions
1. Angaben gemäß § 5 TMG
Oskar Helene Park 17, 14195 Berlin
Office: Haus Cumberland
Kurfürstendamm 194, 10707 Berlin
Office: +49 30 700 159
Responsible for the content subject to § 55 Abs. 2 RStV
Oskar Helene Park 17, 14195 Berlin
HRB 203007B, Number 1
License Holder: FinMarie GmbH, Financial investment adviser
Register Number: D-F-107-H19P-55
Office: Haus Cumberland
Office: +49 30 700 159
Telephone:+49 151 20902392
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Graurheindorfer Straße 108
Tel.: 0228 4108 – 0
Fax: 0228 4108 – 1550
1.1 Copyright and trademark rights
The texts, images, graphics and the layout of this website shown on this website are subject to copyright. Violations of this will be prosecuted both under civil and criminal law. Duplication of all or part of this website is only permitted with the prior written consent of FinMarie. Individual use does not authorize the transfer of content to third parties. Brand names used on this website are protected, all rights to them belong to the respective brand owners. The copyright for published objects created by the author remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the author’s express consent.
The information on the FinMarie website as well as publications published on our behalf are intended exclusively for private use by natural persons residing in Germany. FinMarie assumes no liability with regard to the fact that the information on this website or in our publications for use in other locations and / or for other services and the investment in capital markets is associated with risks. The value of your investment may go down or up. The invested assets may be lost. Neither past performance nor forecasts have reliable information about future performance. There is a risk of loss right up to a total loss, particularly in the case of stock exchange commitments. Please note the information on our website. Investment brokerage by FinMarie is currently only available in the Federal Republic of Germany. The documents from and information about FinMarie must not be distributed in other countries.
2. Scope and changes to these terms and conditions
These general terms and conditions apply to the entire business relationship between the customer and FinMarie. The customer can view and download the current version of the terms and conditions at any time from the website www.fnmarie.com.
Changes to these terms and conditions will be communicated to the customer in text form at least eight weeks before the proposed effective date. The customer can object to the changes in text form within eight weeks of receipt of the change notification. If the customer does not object in time, the changes are considered approved. The customer will be particularly informed of this approval effect and the deadline for the objection in the change notification.
3. Content and object of performance of the contract with the customer
3.1 Investment brokerage
FinMarie operates a website that provides information on certain investment funds (hereinafter: FinMarie platform). The customer is entitled to use the contents and functions of the FinMarie platform in accordance with the contractual provisions. Via the FinMarie platform, the customer can place an order with FinMarie, which is aimed at the purchase or sale of fund units, or at setting up and changing a savings plan. For this purpose, FinMarie forwards the order to buy or sell fund shares of the customer to the custodian bank Sutor Bank (hereinafter: custodian bank). As part of the investment brokerage, the customer concludes further contracts with the custodian bank. The customer sets up a power of attorney for this account / deposit in favor of FinMarie and transfers the assets to be managed 4 to this account / deposit. The respective provisions of those contracts apply exclusively to the legal relationship between the customer and the custodian bank.
3.2 No Investment Advice
The information provided on the FinMarie platform is not based on an individual check of the customer’s personal circumstances. The service offered with the FinMarie platform only serves to support the customer in making his own investment decision and to inform him about the essential circumstances of the investment funds. It is a non-advisory service. The investment strategy proposed on the FinMarie platform therefore does not represent an investment recommendation based on the personal circumstances of the customer. In particular, the FinMarie does not check whether the investment funds selected are individually suitable for the customer or whether the investment is financially viable for them. The FinMarie platform does not include investment, tax and legal advice.
3.3 No Access to Investments
When providing the contractual services, FinMarie is not authorized to acquire ownership or possession of the customer’s funds or fund units and / or to carry out withdrawals, transfers or other dispositions from the portfolio to other deposits and / or accounts without the customer’s order.
4. Order placement and execution
4.1 Placing of Order
The custody account management, transaction processing (purchase, sale, exchange of investment fund shares and so-called rebalancing) and payment transactions as part of the FinMarie offer are provided for the customer by the Sutor Bank. In the case of purchase orders as part of a savings plan, this is done by forwarding the original order, on the basis of which the custodian bank or the fund provider regularly purchases fund units in the requested amount for the customer.
4.2 Execution of Orders
FinMarie does not carry out the investment decisions made in the name and for the account of the customer, but transmits these orders to the custodian bank. These orders are executed by the custodian bank on the basis of their execution principles. The requirements specified in the selection principles of FinMarie apply. The customer agrees to FinMarie’s execution principles. The customer instructs FinMarie to execute all orders through the custodian bank. The custodian bank executes savings plans for new customers immediately after opening the account and the custody account, and for existing customers, unless explicitly agreed otherwise, on the same day of the month as when it was first carried out or on the next banking day.
Orders of the customer are binding if they have been placed in the protected area of the website by pressing the corresponding selection button. The issuance is basically based on a legitimation by entering an mTAN, which the customer will receive on request on a mobile device specified by the customer. It is not possible to recall or change orders placed by FinMarie on behalf of the customer after the order has been placed.
4.4 Order Rejection
Except in the cases provided for by law, FinMarie is only entitled to refuse orders from the customer if: – objective reasons in connection with security justify this – there is suspicion of an unauthorized or fraudulent order placement, – there are indications of misuse of the customer account, – There are indications that the customer has given incorrect information about themself, their status or their economic entitlement, – the customer has sent a blocking notice to the FinMarie platform, – the contractual relationship between the customer and FinMarie has ended, or – that for Use of the FinMarie platform required contractual relationship between the customer and the custodian has ended, – the order execution is contrary to regulatory reasons. In the event that an order is rejected, FinMarie will inform the customer immediately.
5. Automatic rebalancing, reinvestment of distributions
The customer can have all or part of their assets paid out at any time. Payment can only be made to the stored reference account. To do this, at least three incoming payments from this reference account must have been made over a period of three months. The relevant bank terms must be taken into account when paying out to the reference account.
Distributions from the investment funds are reinvested. Payments of distributions are not planned.
5.3 Sepa Direct Debit
In order to be able to use the FinMarie platform, the customer needs a SEPA direct debit reference account with a credit institution, which is in their name. This is the reference account for the entire business relationship with FinMarie. Deposits and withdrawals are made exclusively between this reference account and the deposit at Sutor Bank. If the reference account is invalid, no deposits or withdrawals can be made until the customer has given a new, valid reference account at Sutor Bank.
6. Use of the FinMarie platform
The customer requires Internet access for online use. By registering with FinMarie, the customer confirms that he has the technical options to be able to view the contents of the FinMarie platform, as well as to be able to save and print documents on his own computer or data medium. The customer must provide his full name and email address when registering. In addition, the customer chooses an access password (hereinafter together with the email address “Access data”). A personal post box is set up for the customer on the FinMarie platform. The customer’s documents are made available via this post box and can be viewed, saved and printed out online. The custodian bank also provides the customer with documents sent through the post box (e.g. custody account statements, securities notifications). FinMarie is entitled to block the customer’s access to the FinMarie platform if: – there are factual reasons in connection with the security of the access data, – there is suspicion of unauthorized or fraudulent use of the access data, – there are indications that the customer has provided incorrect information about himself, his status or his economic entitlement, – the customer has sent a blocking notice to FinMarie, – the contractual relationship between the customer and FinMarie has ended, or – the contractual relationship between the customer required to use the FinMarie platform and the custodian has ended. FinMarie will inform the customer immediately about the blocking.
7. Electronic Communication
Customers and interested parties can contact the company via the online portal, by telephone, email and letter mail. The main language is German. In addition, FinMarie can offer content and communication in other languages. FinMarie accepts orders and instructions from customers exclusively via the online portal. The customer agrees to electronic communication and so does not send documents by post. However, FinMarie is entitled to deliver the provided documents generally or in individual cases by post, if postal delivery is necessary due to legal requirements or if FinMarie considers this to be appropriate, taking into account the interests of the customer.
8. Power of attorney for FinMarie
In order to ensure that correspondence runs smoothly and smoothly, FinMarie is authorized to receive all information and documents that the custodian bank, the fund company or other service providers provide for the customer. FinMarie is obliged to provide the customer with the information and documents it has received immediately in its PostBox or via email.
9. Status changes of the customer
The offer of FinMarie is not aimed at politically exposed persons within the meaning of the Money Laundering Act (hereinafter: PEP) and US persons within the meaning of the US Security Act 1933 (hereinafter: US citizens). In this respect, the customer’s PEP status and US citizen status are queried when registering on the FinMarie platform. A contract is excluded, as is the continuation of an existing contractual relationship if the customer is a PEP or a US citizen. If, after the conclusion of the contract, circumstances arise that could make the customer a PEP or US citizen, the customer is obliged to notify FinMarie immediately. A precise explanation of which persons are to be regarded as PEP and US citizens is provided on the website fnmarie.com and can be viewed by the customer at any time.
10. Fees and costs
FinMarie receives a flat fee for the service provided, which is calculated based on the value of the client assets under management. The fee, which can be viewed at any time on the fnmarie.com website, includes both the services of FinMarie and the banking services of Sutor Bank that are relevant in the context of asset management. Unless otherwise specified in the price / service schedule, fees owed are due at the end of a calendar month. The remuneration in the form of a service charge is calculated as a percentage of the exact daily portfolio holdings calculated per calendar month and is due in installments on a monthly basis. The corresponding amount of the service fee is collected by the custodian bank by selling fund units from the customer’s custody accounts; the fund units to be sold for the collection of the service fee are selected by FinMarie at its reasonable discretion in the best customer interest. If a deposit is closed during the year or if all the shares held in the deposit are sold or transferred, the service charge is calculated and charged at the time the deposit is closed, the entire sale or transfer is carried out. Service fees are always collected by the custodian bank by selling shares. The customer will be notified of changes to the price / performance schedule in text form at least eight weeks before the proposed date of coming into effect. The customer can object to the changes in text form within eight weeks of receipt of the change notification. If the customer does not object in time, the changes are considered approved. The customer will be particularly informed of this approval effect and the deadline for the objection in the change notification. Income from assets and profits from the sale of assets are generally subject to tax and / or duty. These taxes and / or duties are to be borne by the customer. If there is no or no sufficient exemption order or no non-assessment certificate available in good time, i.e. at least 3 months before the due date, the custodian bank may pay any taxes due.
11. Cooperation obligations of the customer
The customer must immediately notify FinMarie of changes to their personal data (in particular name, address, email address, account details). The customer is responsible for informing themself about the respective contractual provisions of the other service providers involved, in particular the custodian bank and the fund provider. The customer undertakes to access the electronic mailbox in the login area of the online platform regularly, but at least once per calendar month. The information provided in the electronic mailbox is valid when it is called up or placed in the electronic mailbox, as well as receipt of a corresponding notification by e-mail, but no later than the end of the calendar month following the month of the availability.
FinMarie is liable for acts and omissions in connection with these general terms and conditions in the course of the investment agency contract only for intent and gross negligence, unless essential contractual obligations 9, the violation of which would jeopardize the achievement of the contractual purpose or whose fulfillment only the proper execution of this contract enabled and compliance with which the customer as a contractual partner can regularly rely on (“cardinal obligations”). If such cardinal obligations are violated, liability is limited to contract-typical and foreseeable damage. In the event of injury to life, limb and health, liability remains in accordance with the general statutory regulations. FinMarie does not owe any particular investment success. The customer is aware that the investment is subject to various risks (in particular price fluctuation and price loss risk, credit and issuer risk, exchange rate risk, interest rate risk). FinMarie generally receives the sales documents, key investor information as well as advertising material and other, legally required information on the investment units from the capital management company managing the respective investment fund or from other third parties for the purpose of passing them on to the investor. FinMarie is not liable for the fact that these documents are complete, correct, not misleading or not outdated.
13. Term of the contract, Termination
This contract runs indefinitely. The customer can terminate the entire business relationship with FinMarie at any time without observing a notice period with effect from the end of the following banking business day. FinMarie can terminate the business relationship properly at any time with a notice period of at least one month. Termination must be in text form. This asset management contract remains in place for the customer’s heirs even after the customer’s death. If there are several heirs or executors, FinMarie is only obliged to carry out the correspondence with a joint representative of the heirs or one executor to be appointed by them. The right to terminate the contract without notice for important reasons remains unaffected by this. Terminations must be made in text form (e.g. by letter, fax, email) or via the FinMarie platform. With the termination of the contract, all benefits that are granted to the customer on the basis of this contractual relationship in relation to the custodian bank and other integrated service providers will lapse. In particular, there is no exemption for payment of bank fees to the custodian bank for custody account management; the amount of the bank fees to be paid by the customer is then based solely on the agreements between the customer and the custodian.
14. Disclaimer of Warranty
FinMarie does not owe any particular investment success. The customer is aware that the investment is subject to various risks (in particular price fluctuation and price loss risk, credit and issuer risk, exchange rate risk, interest rate risk).
FinMarie represents the expected future performance of the investment as well as a forecast of the expected monthly return. FinMarie cannot guarantee the achievement of the forecast performance or the expected return or the achievement of the specified (historical) average return for the future. The forecasts are not a reliable indicator of future performance. The customer acknowledges that the forecasts made within the FinMarie platform can turn out to be wrong.
16. Right of Withdrawal
The customer can cancel their contract declaration within 14 days without giving a reason by means of a clear declaration. The period begins after receipt of this instruction, but not before the contract is concluded and also not before our information obligations are fulfilled in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation in good time. The revocation must be sent to: FinMarie, Decker GmbH, Oskar Helene Park 17, 14195 Berlin, firstname.lastname@example.org. In the event of an effective cancellation, the services received on both sides must be returned and any benefits (e.g. interest) drawn up must be surrendered. If the customer is unable or partially unable to return or return the received service and uses (e.g. benefits of use) or only in a deteriorated condition, the customer must compensate for the value. This can lead to the customer nevertheless having to fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer when the cancellation notice is sent, for FinMarie upon receipt. The right of withdrawal expires prematurely if the contract is fully fulfilled by both sides at the express request of the customer before the customer has exercised the right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer when the cancellation notice is sent, for FinMarie upon receipt. End of revocation
17. Data Protection
The protection of your personal data is very important to us, FinMarie. It is therefore natural for us to handle your personal data carefully, responsibly and strictly confidentially in compliance with the applicable statutory data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG2018). 11 With this data protection declaration we explain to you how we, FinMarie, Decker GmbH, Oskar Helene Park 17, 14195 Berlin (hereinafter also “FinMarie”, “we”, “us”), process your personal data when using this website . This data protection notice applies to data processing in conjunction with the use of this website by us (FinMarie) as the person responsible for data protection within the meaning of EU General Data Protection Regulation (“GDPR”). In the following, we explain to you what data we collect when you use our website, for what purpose and how we use this data and what rights you have. Please note that our website may contain links to websites of other providers, on which we have no influence and for which this data protection declaration does not apply.
17.2 Use and Forwarding
We process certain data that we receive in connection with the use of our website. We process your personal data in accordance with the GDPR and restricted to the necessary extent and only to the extent that this is necessary to provide a functional website and our content.
17.3 Electronic Storage
The data are stored electronically by FinMarie and forwarded and processed either electronically or in paper form for the purpose of fulfilling their contractual rights and obligations. FinMarie is entitled to keep records of phone calls, email and chat traffic with the customer within the framework of the statutory provisions. The customer has the right to be informed at any time about the type and scope of his stored personal data and to request the immediate deletion of his data, unless there are legal regulations to the contrary.
18. Other Provisions
German law is applicable to the contractual relationship between FinMarie and the customer. If the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of FinMarie. The same applies if the customer is a businessman and the dispute is attributable to the operation of his trade. Should one or more provisions of this contract be or become invalid, this does not affect the validity of the remaining provisions.