Terms & Conditions
- General information
Information according to § 5 of the German Telemedia Act (Telemediengesetz / TMG)
FinMarie GmbH, Oskar Helene Park 17, 14195 Berlin, Germany
Office: Haus Cumberland, Kurfürstendamm 194, 10707 Berlin, Germany
Office: +49 30 700 159
Responsible for content according to § 55 para. 2 of the State Broadcasting Treaty (Rundfunkstaatsvertrag / RStV)
Managing Director: Karolina Decker
FinMarie GmbH, Oskar Helene Park 17, 14195 Berlin, Germany
HRB 203007 B, No. 1
Permit holder: FinMarie GmbH, financial investment intermediary (Finanzanlagenvermittler)
Register Number: D-F-107-H19P-55
Office: Haus Cumberland, Kurfürstendamm 194, 10707 Berlin, Germany
Office: +49 30 700 159
Competent supervision authority
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Graurheindorfer Straße 108
D-53117 Bonn, Germany
Tel.: 0228 4108 – 0
Fax: 0228 4108 – 1550
FinMarie GmbH, Oskar Helene Park 17, 14195 Berlin, Germany, registered with the commercial register at the municipal court (Amtsgericht) Charlottenburg (Berlin), Germany, under registration number HRB 203007 B (“FinMarie”) operates in its capacity as a financial investment intermediary (Finanzanlagevermittler) pursuant to § 34f para. 1 sentence 1 no. 1 of the German Trade, Commerce and Industry Regulation Act (Gewerbeordnung / GewO) (“Financial Investment Intermediary“) the website www.finmarie.de which acts as a comparison platform for financial products (“Platform“). Among other things, information on certain investment funds is also provided on the Platform.
- Scope of application and amendments of these General Terms and Conditions
3.1 Scope of application of these General Terms and Conditions
These General Terms and Conditions (“GTC“) apply to the entire business relationship between the user of the Platform (“User“) and FinMarie. By using the Platform, the User declares his/her/its consent to the application of the GTC valid at the time of use. The User can at any time review and download for permanent storage the respective current version of the GTC on/from the website www.finmarie.com. General terms and conditions of the User are not accepted by FinMarie, unless FinMarie has expressly agreed to their validity in writing. The User is entitled to use the content and functions offered by FinMarie on the Platform in accordance and compliance with these GTC.
3.2 Amendments to these General Terms and Conditions
From time to time FinMarie updates these GTC, for example when the Platform is adapted, or legal or regulatory requirements have changed. Changes to these GTC will be communicated to the User in text form at least eight (8) weeks before their intended effective date. When notifying the User, FinMarie shall separately point out the new regulations and the date of their intended entry into force. The User may object to the changes in text form within four (4) weeks after receipt of the notification of change. If the User does not object or does not object in time, the amendments shall be deemed approved. This shall apply irrespective of whether the User has actually taken note of the changes. In the notification of change, the User shall be specifically informed of this approval effect and of the deadline for the objection; in addition, the contact details for filing an objection shall be expressly stated.
- General conditions for the use of the Platform
4.1 Range of services
The range of services offered by FinMarie on the Platform currently includes financial coaching, fintech tools and the My.FinMarie Community. Via the Platform, Users can, among other things, compare financial products from various providers and conclude contracts. FinMarie will continuously expand its offerings via the Platform and offer various other financial service products for comparison and contract conclusion via the Platform in the future.
4.2 Conditions for the use of the Platform
For the online use of the Platform, the User requires Internet access. The Platform may only be used by persons of unrestricted legal capacity who are at least 18 years of age, are acting on their own account in accordance with § 3 para. 1 of the German Money Laundering Act (Geldwäschegesetz / GwG), are resident in a Member State of the European Union and meet all other requirements set out in these GTC. By using the Platform, the User declares his/her/its acceptance of the application of these GTC.
4.3 User registration, personal mailbox
In the event of registration as a User of the Platform (required for the use of the My.FinMarie Community), the User shall provide his/her/its full name and email address. In addition, the User chooses an access password (together with the email address hereinafter referred to as “Access Data“). For this purpose, a personal mailbox is set up for the User on the Platform. Documents of the User are made available via this mailbox and can be viewed online, saved and printed out by the User. Documents sent to the User by the Custodian Bank (e.g. custody account statements, securities notifications) are also made available to the User via the mailbox.
FinMarie uses the so-called double-opt-in procedure for registration. FinMarie will confirm the User’s registration by email to the email address provided by the User. Registration is only completed when the User has confirmed his/her/its registration and acceptance of these GTC via a confirmation email sent to him/her/it by FinMarie for this purpose by clicking on the link contained therein.
By registering, the User affirms that he/she/it is not yet a registered user or has deleted a previously existing user account. By registering, the User confirms that he/she/it has the technical capability to view the content on the Platform and to save and print documents on his/her/its own computer or data carrier.
4.4 Contract of use, no claim for registration
A contract of use between FinMarie as operator of the Platform and the respective User is concluded by a declaration of acceptance (click on the confirmation link) and/or by the activation of the user account. This also includes these GTC as an integral part of the user contract. There is no claim to the conclusion of a user contract. FinMarie expressly reserves the right not to accept offers to use the Platform in individual cases without giving reasons. In this case FinMarie will immediately delete the data provided by the User in the registration form.
4.5 Duties of care of the User
It is prohibited to register user accounts with foreign or otherwise inaccurate information. Users must keep their password secret and carefully secure access to their user account. Users are prohibited from allowing third parties access to their respective user account as well as to their password; these exclusively authorise the respective User himself/herself/itself to use the Platform. Users are obliged to inform FinMarie immediately if there are indications that a user account has been misused by third parties. Each User shall be liable in principle for all activities carried out using his/her/its user account, unless the User is not responsible for the misuse of his/her/its user account.
Users may not use any viruses, mechanisms, software or other scripts in connection with the use of the Platform that are capable of endangering or disrupting the functioning of software or hardware. Users may not take any action that may result in an unreasonable or excessive load on the infrastructure. Users may not block, overwrite or modify content generated by the operator of the Platform or interfere with the Platform in any other way. The content stored on the Platform may not be copied or distributed, used or reproduced in any other way without the prior consent of the rights holders. This also applies to copying by means of “robot/crawler” search engine technologies or by other automatic mechanisms.
The User is obliged to observe and comply with the applicable legal provisions when using the Platform and all services of FinMarie offered via the Platform. It is the responsibility of each User to ensure that his/her/its content is lawful and does not infringe the rights of third parties.
4.7 Deletion of user accounts, blocking of access
FinMarie reserves the right to delete user accounts of incomplete registrations after a reasonable time. Furthermore, FinMarie is entitled to temporarily or permanently block the User’s access to the Platform if: – factual reasons in connection with the security of the access data justify this, – there is suspicion of unauthorised or fraudulent use of the Access Data, – there are indications that the User has provided false information about his/her/its person, status or economic entitlement, – the User has sent a blocking notice to FinMarie, – the contractual relationship between the User and FinMarie has been terminated, or – the contractual relationship between the User and the Custodian Bank required to use the Platform has been terminated. FinMarie will inform the User immediately about the blocking. As soon as a User has been definitively blocked, this User may no longer register for the use of the Platform with a new user account.
4.8 Rights in the Platform
All rights to the Platform are vested in FinMarie. Without the prior written consent of FinMarie, the User is not permitted to modify, publish, broadcast, distribute, perform, edit (including the redistribution of such adaptations) or otherwise exploit the content of the Platform, in whole or in part, except within the scope of the use of the Platform expressly intended by FinMarie. The User does not acquire ownership of material which he/she/it downloads from the Platform onto his/her/its computer, but only a limited right of use. The User may not incorporate the software on which the Platform is based into his/her/its own computer programs or combine it with such programs, sell, rent, lend, distribute or sublicense it. Use for illegal purposes is also excluded.
4.9 Recording telephone calls
Telephone conversations with the User may be recorded and stored. This is done due to legal obligations and for the purpose of proof. Upon explicit request at the beginning of a telephone conversation, the User may explicitly refuse the recording of the conversation. FinMarie is entitled to make transcripts of the recordings. Should a legal dispute arise, the conversations can only be used as evidence if the User has not rejected the recording.
4.10 Contact details of other Users
Users may not use addresses, contact details and email addresses which they have obtained from other Users through the use of the Platform, in particular in the My.FinMarie Community, for any other purposes than for the necessary communication within the framework of the content offered via the Platform. In particular, it is prohibited to resell such data or to make it available to third parties in any other way or to use it for sending advertising, unless the respective User entitled to the data has expressly consented to this in writing in advance.
A check of the data deposited by Users during registration is only carried out to a limited extent. A guarantee for the correctness of the published identity of the Users of the Platform is not assumed by FinMarie. Content published by Users on the Platform is not checked for its legality, content accuracy and completeness and does not represent the opinion of FinMarie. Objections to data and/or content used and/or published by Users should be sent to the following address: firstname.lastname@example.org.
4.11 Copyright and trademark rights
The texts, images, graphics and the layout of the Platform are subject to German copyright (Urheberrecht). Violations will be prosecuted under both civil and criminal law, as applicable. The reproduction of the entire content or a part of the Platform is only permitted with the prior written consent of FinMarie. The individual use does not entitle the User to pass on content to third parties. Brand names used on the Platform are protected; all rights thereto are held by the respective brand owners. The copyright for published content or objects created by the author him-/her-/itself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
The information on the Platform as well as publications published in the name of FinMarie are exclusively intended for private use by natural persons residing in a Member State of the European Union. FinMarie makes no warranty regarding the suitability of the information on the Platform or in its publications for use in other locations and/or for other services and expressly points out that investing in capital markets involves risks.
- Provision, availability and updating of the Platform
5.1 Short-term disruptions
FinMarie cannot guarantee a continuous, trouble-free function of the Platform. In particular, maintenance, security or capacity reasons as well as unforeseeable events that are beyond FinMarie’s control (e.g. disruptions of public communication networks, power failures) can lead to short-term disruptions or to the temporary cessation of the services and the accessibility of the Platform. In such cases, FinMarie shall be released from its contractual obligations for the duration of the disruption and to the extent of its effect. In such a case, both the User and FinMarie are obliged to adjust the mutual obligations in good faith to the changed circumstances. FinMarie is not liable for the non-availability of the contractually owed services in the aforementioned cases.
5.2 Discontinuation of the Platform, limitation of availability
FinMarie is entitled to discontinue the Platform at any time. In addition, FinMarie may restrict access to the Platform, even temporarily, if this is absolutely necessary with regard to capacity limits, the security or integrity of the servers or in order to implement technical measures and/or if this serves the proper or improved provision of its services (such as protection against attacks from the Internet).
5.3 Updating the Platform
FinMarie may update, expand and/or modify the Platform on an ongoing basis in order to incorporate new features, respond to User interest and feedback, and correct any technical errors. The User has no claim to the maintenance of the current state of the Platform.
FinMarie reserves the right to make the Platform available only for certain operating systems or certain versions of operating systems.
Special services on the Platform
- Financial coaching
1.1 FinMarie offers the possibility to book appointments for personal financial coaching in the area of money and finance via the Platform.
1.2 For the purpose of concluding a fee-based contract for financial coaching services, FinMarie sends the interested User a standard FinMarie protocol for the purpose of completion and signature. A fee-based contract for services in the area of financial coaching is only concluded at the time when FinMarie receives the FinMarie protocol that has been signed by the User.
- My.FinMarie Community
2.1 FinMarie offers the Community ” My.FinMarie ” on the Platform. In this Community, women are brought together who want to work on their financial independence, acquire the relevant knowledge, support and encourage each other so that they can achieve more and more easily in the group than each alone. For this purpose, FinMarie also provides the relevant tools (tech-based or otherwise) as offers.
2.2 For this purpose, FinMarie offers different types of membership, each with a different service package and different monthly fees. There are currently three membership options: BronzeMarie, SilverMarie and GoldMarie. The conditions applicable in each case can be viewed at https://finmarie.com/my-finmarie/.
2.3 The Platform offers Users under the Community “My.FinMarie” the technical possibility, within the framework provided by FinMarie, to use the Platform to publish content themselves, to ask questions, to act together with other Users and to chat. For this purpose, FinMarie grants the respective User a limited, non-exclusive and non-transferable right to access, use and display the Platform and its content and applications on the screen in accordance with the provisions of these GTC.
2.4 The User shall indemnify FinMarie against and hold FinMarie harmless from all claims asserted by other Users or other third parties against FinMarie due to infringement of their rights by content posted by the User on the Platform/Community or due to the User’s other use of the Platform. The User shall also bear the costs of the necessary legal defence of FinMarie including all court and lawyer’s fees in the statutory amount. This shall not apply if the User is not responsible for the infringement. In the event of a claim by a third party, the User shall provide FinMarie immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defence.
- Fintech Tools – Investing with FinMarie
Depending on the risk profile, economic situation and personal risk preference, FinMarie designs an individual financial strategy or financial plan for each woman and also offers its expertise for individual re-balancings in order to be able to adapt the investment to the changed life situations of FinMarie’s clients.
3.1 Investment brokerage
- a) The User can compare financial products via the Platform. After submitting all requested data and acknowledging and agreeing to all mandatory legal information, the User is presented with various financial products based on his/her/its information.
- b) As a financial service provider, FinMarie has the obligation under § 12 para. 1 of the Financial Mediation Ordinance (Finanz-Vermittlungs-Verordnung / VermV) to provide the User with information at the first contact. FinMarie is furthermore obliged to base the comparison on a sufficient number of financial products offered on the market. This does not apply if FinMarie points out a limited selection of companies and products before the contract declaration is made. If FinMarie refers to a limited selection, the User is informed on which market and information basis the comparison is made. FinMarie discloses the names of the underlying financial products, which can be viewed on the financial products transparency page.
- c) Via the Platform, the User can then make a selection from the financial products presented and thus give FinMarie an order which is directed towards the purchase or sale of fund units, or towards the set-up or modification of a savings plan. For this purpose, FinMarie forwards the order for the purchase or sale of fund units of the User or the User’s order for the set-up or modification of a savings plan to the financial service provider or the custodian bank, (“Custodian Bank“). Within the scope of this investment brokerage, the User concludes further contracts with the Custodian Bank. The Custodian Bank subsequently reviews the User’s application and then decides whether a contract is concluded between the User and the Custodian Bank. FinMarie has no influence on this decision. FinMarie does not become a contractual partner of the User with regard to the selected financial products. The User transfers the assets to be managed to this account/custody account. The legal relationship between the User and the Custodian Bank shall be governed exclusively by the respective provisions of those contracts.
- d) If a contract is concluded between the User and the Custodian Bank, further communication and administration of the contract shall be carried out by the Custodian Bank. FinMarie has no influence on this and can never speak on behalf of the User or make legal declarations. FinMarie gladly accepts requests to the Custodian Bank from the User at any time and forwards them without delay.
- e) FinMarie only brokers contracts from companies that are supervised by the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht / BaFin) and whose rules and regulations are written in German. Products of foreign financial service providers are only brokered by FinMarie if their offer and reliability are comparable with a German company.
3.2 No investment advice (Anlageberatung), no tax and legal advice
The information provided on the Platform is not based on an individual examination of the User’s personal circumstances. The service offered with the Platform merely serves to support the User in his/her/its independent investment decision and to inform him/her/it about the essential circumstances of the investment funds. It is a non-advisory service (beratungsfreie Dienstleistung). The investment strategy proposed on the Platform therefore does not constitute an investment recommendation based on the User’s personal circumstances. In particular, FinMarie does not check whether the selected investment funds are individually suitable for the User or whether the investment is financially viable for the User. The services offered by FinMarie via the Platform do neither include investment advise (Anlageberatung) nor tax or legal advise.
3.3 No access to the User’s assets
FinMarie is not authorised, in the course of providing the contractual services, to obtain ownership or possession of funds or fund units of the User and/or to make withdrawals, transfers or other dispositions from the portfolio to other deposits and/or accounts without the User’s order.
3.4 Order placement and order execution
- a) Order placement
Custody account management, transaction processing (purchase, sale, exchange of investment fund units as well as so-called rebalancing) and payment transactions within the scope of the FinMarie offer are provided for the User by the Custodian Bank. In the case of purchase orders within the framework of a savings plan, this is done by forwarding the original order, on the basis of which the Custodian Bank or the fund provider acquires fund units in the requested amount for the User on a regular recurring basis.
Users can communicate with the FinMarie team in German or English by post, telephone and electronically via the website, by email or through the electronic mailbox provided by FinMarie via the Platform.
- b) Order execution
FinMarie does not execute the investment decisions made by the User itself but transmits these orders to the Custodian Bank. These orders are executed by the Custodian Bank on the basis of its execution policy. The User instructs FinMarie to execute all orders via the Custodian Bank. The execution of savings plans by the Custodian Bank shall take place for new clients immediately after the opening of the account and the securities account and for existing clients, unless explicitly agreed otherwise, on the same day of the month as the first execution or on the next following bank working day.
- c) Release
Orders of the User are binding for him/her/it if he/she/it has placed them in the protected area of the Platform by pressing the corresponding selection button. Orders are always placed by means of legitimation by entering an mTAN, which the User receives upon request on a mobile end device designated by him/her/it. A recall or a change of orders that FinMarie has placed in the name of the User is not possible after the order has been placed.
- d) Order rejection
Except in the cases provided for by law, FinMarie shall only be entitled to reject orders from the User if: – factual reasons in connection with security justify this, – there is suspicion of unauthorised or fraudulent placing of orders, – there are indications of misuse of the customer account, – there are indications that the User has provided false information about his/her/its person, status or economic entitlement, – the User has submitted a blocking notification to FinMarie, – the contractual relationship between the User and FinMarie has been terminated or – the contractual relationship between the User and the Custodian Bank required for the use of the Platform has been terminated, – the execution of the order is opposed by regulatory reasons. In the event of rejection of an order, FinMarie shall inform the User thereof without delay.
3.5 Automatic Rebalancing, reinvestment of distributions
- a) Pay-out
The User can have his/her/its assets paid out in full or in part at any time. A pay-out can only be made to the reference account deposited in accordance with lit. c). For this purpose, at least three cash receipts must have been made from this reference account over a period of three months. When paying out to the reference account, the corresponding bank terms must be considered.
- b) Distributions
Distributions from the investment funds are reinvested. There is no provision for the pay out of distributions.
- c) Sepa direct debit
In order to be able to use the Fintech Tools – Investing with FinMarie service on the Platform, the User requires a SEPA direct debit-capable reference account at a credit institution which is in his/her/its name. Deposits and withdrawals are made exclusively between this reference account and the Custodian Bank. If the reference account is invalid, no deposits and withdrawals can be made until the User has specified a new, valid reference account with the Custodian Bank.
3.6 Power of attorney for FinMarie for the receipt of documents and information
In order to ensure a uniform and smooth flow of correspondence, FinMarie is authorised to receive all information and documents transmitted by the Custodian Bank, the fund company or other service providers on behalf of the User. FinMarie is obliged to immediately provide the User with the information and documents received in the User’s mailbox or via email.
3.7 Risk notice
The value of the User’s investment may fall or rise. The invested assets may be lost. Neither past value developments nor forecasts are a reliable indicator of future value developments. Particularly in the case of stock market investments, there is a risk of loss up to and including total loss. Users are requested to observe the information on the Platform in this regard.
3.8 Territorial restriction, authorised persons, status changes of the User
- a) Territorial restriction
Investment brokerage by FinMarie is currently offered exclusively in the Federal Republic of Germany. The documents of and information provided by FinMarie may not be distributed in other countries.
- b) Authorised persons
The offer of FinMarie is not directed at politically exposed persons within the meaning of the Germany Money Laundering Act (hereinafter: “PEP”) and US persons within the meaning of the US Security Act 1933 (hereinafter: “US Citizens”). In this respect, the PEP status and the US Citizen status of the User are queried when registering on the Platform. A conclusion of a contract is excluded as well as the continuation of an already existing contractual relationship if the User is a PEP or a US Citizen.
- c) Status changes of the User
If circumstances arise after the conclusion of a contract on the basis of which the User could be regarded as a PEP or US Citizen, the User is obliged to notify FinMarie thereof immediately. A detailed explanation of which persons are to be regarded as PEP and US Citizens is provided on the www.finmarie.com website and can be viewed by the User there at any time.
3.9 Right of withdrawal
The User may withdraw his/her/its contractual declaration regarding the investment brokerage within 14 days without stating reasons by means of a clear declaration. The period begins after receipt of this instruction, but not before the conclusion of the contract and also not before the fulfilment of FinMarie’s information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB). The timely dispatch of the declaration of withdrawal is sufficient to comply with the withdrawal period. The withdrawal is to be sent to: FinMarie GmbH (Karolina Decker), Oskar Helene Park 17, 14195 Berlin, email@example.com. In the event of an effective withdrawal, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the User is unable to return or surrender the received services and benefits (e.g. benefits of use) or is only able to return or surrender them in part or in a deteriorated condition, the User must pay compensation to this extent. This may result in the User nevertheless having to fulfil the contractual payment obligations for the period until withdrawal. Obligations to refund payments must be fulfilled within 30 days. For the User this period begins with the dispatch of the notice of withdrawal, for FinMarie with its receipt. The right of withdrawal shall expire prematurely if the contract has been completely fulfilled by both parties at the express request of the User before the User has exercised the right of withdrawal. Obligations to refund payments must be fulfilled within 30 days.
FEES AND COSTS
- Subject to the provisions in the following Clauses 2 and 3, the use of the Platform shall be free of charge for the User.
- FinMarie receives a lump-sum fee from the User for the service provided within the scope of financial coaching (see Section II. Clause 1.). The fee can be viewed at any time on the website www.finmarie.com.
- FinMarie receives a service fee from the User for the contractual services within the scope of investment brokerage (see Section II. Clause 3.), which depends on the value of all managed financial instruments of the User. Details can be found in the service agreement concluded between the User and FinMarie. The service fee can also be viewed at any time on the www.finmarie.com website. Unless otherwise stipulated in the respective current list of prices/services of FinMarie, the service fee owed shall be due at the end of each calendar quarter. The service fee is calculated on a daily basis as a percentage of the current securities account balance. The service fee values calculated in this way are added up for the respective settlement period and charged to the User. Due to fluctuations in the value of the securities account(s), it is therefore possible that different service fee values apply within a settlement period. The corresponding amount of the service fee is generally settled by the Custodian Bank by offsetting it against a cash balance on the payment account held with the Custodian Bank at the time the service fee is charged, otherwise by selling financial instruments from the User’s securities accounts. The selection of the financial instruments to be disposed of for the collection of the service fee shall be made by the Custodian Bank at its reasonable discretion in the best interests of the client. If neither the cash balance nor the securities holdings in the custody account are sufficient to settle the respective management fee, the outstanding amount shall be collected by the Custodian Bank from the User’s bank account by means of a SEPA direct debit. The User undertakes to grant the Custodian Bank a SEPA direct debit authorisation for this purpose and to maintain this authorisation for the entire duration of the business relationship with FinMarie. If a custody account is closed during the year or if all units held in the custody account are sold or transferred, the service fee shall be calculated and debited at the time of the closure of the custody account, the total sale or the transfer.
- The User shall be notified in text form of any changes to the price/service schedule of FinMarie no later than eight (8) weeks before their proposed date of entry into force. The User may object to such changes in text form within eight (8) weeks after receipt of the change notification. If the User does not object in time, the changes shall be deemed approved. This approval effect as well as the deadline for the objection shall be specifically pointed out to the User again in the notification of change.
- Income from assets as well as gains from the disposal of assets are generally subject to taxes and/or duties. These taxes and/or duties shall be borne by the User. If no or no sufficient exemption order (Freistellungsauftrag) or no non-assessment certificate (Nichtveranlagungsbescheinigung) is received in good time, i.e. at least three (3) months before the due date, the Custodian Bank will pay any taxes due directly, if applicable.
LIABILITY, LIMITATION OF LIABILITY
- Liability, limitation of liability
1.1 FinMarie shall be liable for acts and omissions in connection with these GTC in the course of the investment brokerage contract in accordance with the statutory provisions subject to the provisions set forth in Clauses 2 and 3 below only for intent and gross negligence.
1.2 In the event of ordinary negligence, FinMarie shall only be liable if material contractual obligations are breached, the breach of which would jeopardise the achievement of the purpose of the contract or the fulfilment of which is a prerequisite for the proper performance of this contract and on the observance of which the customer as a contractual partner may regularly rely (“cardinal obligations”). In the event of a breach of such cardinal obligations, the liability of FinMarie shall be limited to the typically foreseeable damage. Otherwise the liability of FinMarie for ordinary negligence is excluded.
1.3 The above limitation of liability shall not apply in the case of injury to life, body and health, if and to the extent that FinMarie has assumed a guarantee, as well as in the case of statutory mandatory liability under the German Product Liability Act. In these cases, liability remains in accordance with the general statutory regulations.
1.4 The above limitations of liability shall apply accordingly to the employees and vicarious agents of FinMarie as well as other third parties of which FinMarie makes use for the performance of the contract.
1.5 FinMarie shall not be liable for force majeure, nor for other disruptions which are not within the sphere of influence of FinMarie and for which FinMarie is not responsible (e.g. line overload, failure of telecommunication connections, etc).
1.6 FinMarie does not owe a specific investment performance. The User is aware that the investment is subject to various risks (in particular value fluctuation and value loss risk, creditworthiness and issuer risk, exchange rate risk, interest rate risk). Generally, FinMarie receives the sales documents, key investor information, 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 shall not be liable for these documents being complete, correct, not misleading or not out of date.
1.7 FinMarie shall not be liable for false information provided by the Users in the user profiles or the misuse of such data and information which the registered Users themselves have made accessible to third parties.
1.8 These GTC apply exclusively to the Platform. Insofar as the possibility of forwarding to other websites of third parties is given by links via the Platform, FinMarie is liable neither for the accessibility nor for the content of such third party sites.
- Exclusion of warranty
FinMarie does not owe any specific investment performance. The User is aware that the investment is subject to various risks (in particular value fluctuation and loss risk, creditworthiness and issuer risk, exchange rate risk, interest rate risk).
- Value development / Performance
FinMarie presents the expected future performance of the investment as well as a forecast of the expected monthly return. FinMarie cannot give any guarantee that the forecast performance or the expected return will be achieved or that the stated (historical) average return will be achieved in the future. The forecasts are not a reliable indicator of future performance. The User acknowledges that the forecasts made by FinMarie within the Platform may turn out to be incorrect.
- The agreement on the use of the Platform runs for an indefinite period of time.
- The User may terminate the entire business relationship with FinMarie at any time without notice with effect from the end of the following banking day.
- FinMarie may terminate the business relationship with the User at any time by giving at least one month’s notice.
- The right to terminate the agreement for good cause shall remain unaffected by the above provisions.
- Any termination must be in text form within the meaning of § 126b of the German Civil Code (BGB) (e.g. e-mail or letter) in order to be effective.
- After the termination takes effect, FinMarie will delete the data stored for the brokerage after the expiry of the time specified for this purpose in accordance with the statutory requirements.
- Other contracts concluded via the Platform in addition to the agreement on the use of the Platform shall continue to exist unchanged irrespective of a termination within the meaning of the aforementioned Clauses 2 to 4.
- The asset management agreement between the User and the Custodian Bank shall remain in force for the User’s heirs even after the User’s death. If there are several heirs or executors or wills, FinMarie shall only be obliged to conduct the correspondence with a joint authorised representative of the heirs or an executor to be named by them. The right to terminate the agreement without notice for good cause in accordance with the statutory provisions shall remain unaffected. Notices of termination shall be given in text form (e.g. by letter, fax, e-mail) or via the Platform. Upon termination of the agreement, all benefits granted to the User on the basis of this contractual relationship with regard to the Custodian Bank and other integrated service providers shall cease to apply. In particular, the exemption from the payment of bank fees to the Custodian Bank for the management of the securities account shall cease to apply; the amount of the bank fees to be paid by the User shall then be governed exclusively by the agreements between the User and the Custodian Bank.
- Data privacy
FinMarie is particularly concerned to ensure the security of the User’s personal data. All personal data of the User collected on the Platform will be collected and processed exclusively in compliance with the data protection declaration; the provisions of the data protection declaration are an integral part of these GTC and can be viewed at the following link: https://finmarie.de/datenschutz/. By agreeing to these GTC, the User simultaneously declares his/her/its consent to the collection and processing of his/her/its data as provided for in the data protection declaration of FinMarie.
2.1 Users and interested parties can contact FinMarie via the Platform, by telephone, email and letter post. FinMarie accepts orders and instructions from Users exclusively via the Platform.
2.2 FinMarie may transmit declarations to the User by email or by fax or letter to the contact data which the User has indicated as current contact data in his/her/its user account. The User agrees to electronic communication and in this respect waives the sending of documents by post. However, FinMarie is entitled to deliver documents provided generally or in individual cases by post if postal delivery is necessary due to legal requirements or if FinMarie considers this to be expedient after weighing up the interests of the User.
2.3 By registering as a User, the User declares that FinMarie may contact the User at any time about the topic of the Platform, functions, usage options and innovations; this may be done electronically via chat or email. The User can withdraw this consent at any time by informal declaration to FinMarie, for example by sending an email to the following address: firstname.lastname@example.org.
2.4 All communication between FinMarie and the User shall be conducted primarily in German or English. In addition, FinMarie can offer content and communication in further languages.
- Cooperation obligations of the User
3.1 The User must immediately change any changes to the personal data (in particular name, address, email address, bank account details) stored in his/her/its user profile.
3.2 The User is responsible for informing himself/herself/itself about the respective contractual provisions of the other integrated service providers, in particular the Custodian Bank and the fund providers.
3.3 The User undertakes to access the electronic mailbox in the login area of the Platform regularly, but at least once per calendar month. The information made available in the electronic mailbox shall be deemed to have been received by the User upon retrieval or placement in the electronic mailbox, as well as upon receipt of a corresponding notification by email, but no later than at the end of the calendar month following the month in which the information was made available.
- Transfer of rights and obligations
4.1 FinMarie is entitled, with a notice period of four (4) weeks, to transfer its rights and obligations from the user contracts concluded with the Users for the use of the Platform in whole or in part to a third party. In this case, the User is entitled to terminate the user contract in text form within said notice period.
4.2 User accounts are not transferable. The User is prohibited from assigning or otherwise transferring to third parties, in whole or in part, his/her/its rights and obligations arising from these GTC, a user agreement on the use of the Platform, financial coaching agreements and investment brokerage agreements.
- Severability, text form
5.1 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. It is the express intention of the parties to maintain the validity of the remaining provisions in any case and accordingly to exclude the applicability of § 139 of the German Civil Code (BGB) altogether. The invalid provision shall cease to apply without replacement and shall be replaced by the relevant statutory provision. The same applies to any loopholes in the provisions of these GTC.
5.2 Any agreement deviating from or supplementing these GTCs must be in text form in order to be valid. This also applies to the amendment of this text form requirement.
- Applicable law, Jurisdiction
6.1 Applicable law
The contractual relationship between FinMarie and the User shall be subject to and governed by German law to the exclusion of its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.
Insofar as the User does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising out of these GTC, the contract of use of the Platform, from contracts for financial coaching and from investment brokerage contracts shall be the registered office of FinMarie. The same applies if the User is a merchant (Kaufmann) and the dispute is attributable to the operation of his/her/its commercial business.