Terms & Conditions

Section I.

General Provisions

 

  1. General information

 

Information according to § 5 of the German Telemedia Act (Telemediengesetz /TMG)

FinMarie GmbH, Berlin, Germany

Municipal Court (Amtsgericht) Charlottenburg
(Berlin), HRB 203007 B

Registered domestic address: Oskar Helene Park 17, 14195 Berlin, Germany

Office: Haus Cumberland, Kurfürstendamm 194, 10707 Berlin, Germany

Office phone number: +49 30 700 159 595

E-Mail: karolina.decker@finmarie.com

VAT identification number: DE322830145

 

Responsible for content according to § 55 para. 2 of the State Broadcasting Treaty
(
Rundfunkstaatsvertrag / RStV)
Managing Directors: Karolina
Decker,
Rica Klitzke

FinMarie
GmbH,
Oskar Helene Park 17, 14195 Berlin, Germany

 

Permit holder: FinMarie GmbH, financial investment intermediary
(
Finanzanlagenvermittler)

Register Number: D-F-107-H19P-55

Office: Haus Cumberland, Kurfürstendamm 194, 10707 Berlin, Germany

Phone: +49 30 700 159 595
E-Mail: karolina.decker@finmarie.com

 

Competent supervision authority
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Graurheindorfer Straße 108,
D-53117 Bonn, Germany

Tel.: 0228 4108 – 0
Fax: 0228 4108 –
1550

https://www.bafin.de

 

  1. Preamble

 

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 and the finmarie applications which act as a comparison platform for financial products (“Platform“). Among other things, information on certain investment funds is also provided on the Platform.

 

  1. 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/their 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 two (2) 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,

 

  1. General conditions for the use of the Platform

4.1 Range of services

 

Service and fees for Subscriptions, such as the Premium Support Packages  A subscription to a Premium Support Package will grant the customer access  through  the finmarie website or mobile apps to a bi-weekly live Q&A session as well as an exclusive chat tool  with  financial experts from the finmarie team. Both the live Q&A and the chat tool are intended to address  basic  questions and to provide simple clarifications. FinMarie experts are available to reply through chat within  24  hours on the company’s normal business schedule. For more complex situations or analysis of an  individual  situation, Premium Support customers may book and attend a 1-to-1 online coaching session, subject to availability, at a discounted rate. Additional terms for our subscription plans are set forth in Section  4.2.

 

Service and fees for online courses and other services

 

FinMarie also offers online courses (such as the finmarie Academy) and other Services (such as individual coaching) for a fee. You agree to pay the fees for content that you purchase, and you authorize FinMarie to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased services or not. You are responsible for paying all fees charged by FinMarie and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment. We occasionally run promotions and sales for our content, during which certain  content is available at discounted prices for a set period of time. The price applicable to the content will  be

the price at the time you complete your purchase of the content. 

 

You shall provide FinMarie information regarding your credit card or other  payment  instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and  that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such  information to keep it true, accurate, current and complete . You agree that finmarie may update your payment  methods using information provided to us by our payment service providers and you authorize us to continue  to  charge the then-applicable fees to your updated payment method. FinMarie reserves the right, at any time, to change any fees or to start charging  for any free service at its sole discretion. Any change, update, or modification will be effective immediately  upon  posting through the relevant services (such changes will not apply to fees paid prior to the time of the  change).

 

Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on FinMarie’s website may not be the same as the price offered on our mobile applications. FinMarie assumes no responsibility for the customer’s/user’s use of  the  information on the website/platform. We emphasize that investments, including securities trading, are  generally  associated with great risks , and that this is solely  the  customer’s/user’s own risk. The customer is responsible for all use of his or her own user  account.

 

4.2 Right of cancellation


Please note that our refund policy differs between one-time payments for courses and subscription plans. However, the following guidelines apply to both: (i) Refunds are not available for accounts which violate these Terms of Use or, according to FinMarie sole and absolute discretion, are otherwise objectionable; (ii) If FinMarie determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.); (iii) To request a refund please contact us through at k@finmarie.com; (iv) FinMarie will apply your refund to your original payment method; (v) Unfortunately, at this time, we are unable to offer partial refunds for your purchases.

If within the first 14 days after you purchased a course you become dissatisfied with that course, FinMarie will refund the full amount of your purchase and subsequently terminate your access to that course. Refunds will not be available if requested after this 14-day period. Due to possible currency exchange rate fluctuations with your local currency and the Euro, the refunded amount may be slightly higher or lower than your original paid amount.


In addition to the above, if you purchase a course or purchase any other paid service through a mobile or third party marketplace (eg, purchases through the Apple or Google Play App Store), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by FinMarie. Except as otherwise explicitly stated by FinMarie, the third party marketplace will be solely responsible for making refunds under its refund policy and FinMarie will have no refund obligations. FinMarie disclaims any responsibility or liability related to any third party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.

 

4.3 Conditions for Use of the Subscription Plan and Platform


This section covers additional terms that apply to your use of any subscription plan that FinMarie may offer with respect to our Services. By using a subscription plan, you agree to the additional terms in this section.

 

  • Subscription plan:  During your subscription to a subscription plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that subscription plan via the Services. The subscription that you purchase or renew determines the scope, features, term and price of your access to that subscription plan. You may not transfer, assign, or share your subscription with anyone else. Your subscription plan will be valid for the agreed term and then will be automatically renewed according to your subscription settings (eg monthly or annually) unless you cancel your subscription with prior notice to the end of your subscription plan term.


  • Fees and payments: The subscription fee will be listed at the time of your purchase. You shall pay the fee using the offered payment methods provided by FinMarie for any subscription plans. If you select Services with an automatic renewal feature, you authorize FinMarie to maintain your account information and charge that account automatically upon the renewal of the Services you choose with no further action required by you. In the event that FinMarie is unable to charge your account as authorized by you when you enrolled in Services with an auto renewal feature, FinMarie shall suspend your access to such Services until payment is received. For those Services with an automatic renewal feature, FinMarie may also change the price for those services and will communicate any price changes to you in writing. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your subscription before the price change goes into effect. Therefore please make sure you read any such notification of price changes carefully.


  • Risk: FinMarie assumes no responsibility for the use of the information on the website/platform by the customer/user. We expressly point out that investments, including trading in securities, are generally associated with great risks and that these are solely the risk of the customer/user. The customer is responsible for any use of his own user account.


  • Product Line: FinMarie sells several products independently of premium support subscriptions. These products, which may include digital gift cards, the Academy and Masterclasses or events, are sold through an online store on the finmarie website. finmarie intends to continuously expand its offering via the platform and to offer various other financial service products in the future.


  • Responsibilities: For the online use of thePlatform, 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/their acceptance of the application of these GTC.


4.4 Right of Withdrawal

 

Subscription Purchases


FinMarie is a digital service, the customer has direct access to the content upon purchase. Since the customer can use the expert access immediately after completing the purchase, this immediate access requires the customer’s express consent to the waiver of the right of withdrawal when subscribing to premium support. This means that if the customer purchases a one-year subscription, the purchase is binding and therefore non-refundable should the customer cancel the subscription before the expiration date. Subscribers can cancel their subscription at any time, even if the money is not refunded.


Monthly subscriptions are activated and canceled on a rolling basis, meaning cancellation will take effect in the month immediately following the cancellation request, preventing future payments or automated contract renewals. The customer can use the service for the rest of the month.

 

4.5 Requirements for using the platform

 

A contract of use between FinMarie as operator of the Platform and the respective User is concluded by a declaration of acceptance (i.e. clicking 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.

 

4.6 User registration, personal account

 

In the event of registration as a User of the Platform (required for the use of the finmarie applications), the User shall provide his/her/their full name and email address, hereinafter referred to as “Access Data“. For this purpose, an account is set up for the User on the Platform. 

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/their registration and acceptance of these GTC via a confirmation email sent to him/her/them by FinMarie for this purpose by clicking on the link contained therein.

By registering, the User affirms that he/she/they are not yet a registered user or has deleted a previously existing user account. By registering, the User confirms that he/she/they have the technical capability to view the content on the Platform and to save and print documents on his/her/their own computer or data carrier.

 

Duties of care of the User

 

 It is prohibited to register user accounts with foreign or otherwise inaccurate information. Users must keep their Access Data secret and carefully secure access to their user account. Users are prohibited from allowing third parties access to their respective user account; these exclusively authorise the respective User himself/herself/themself 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/their user account, unless the User is not responsible for the misuse of his/her/their 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.

 

4.7 Compliance

 

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/their content is lawful and does not infringe the rights of third parties.

 

4.8 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/their 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 any Third Party or 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.

 

4.9 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/they download from the Platform onto his/her/their computer, but only a limited right of use. The User may not incorporate the software on which the Platform is based into his/her/their own computer programs or combine it with such programs, sell, rent, lend, distribute or sublicense it. Use for illegal purposes is also excluded.

 

4.10 Recording online consulting sessions and telephone calls

 

Telephone conversations or online consulting sessions 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 an online session or 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.

 

4.11 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, 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: help@finmarie.com.

 

4.12 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-/themself 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.

 

4.13 Terms of use regarding financial information

 

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.

 

  1. 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 entire Platform or aspects of 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).

 

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.

 

5.4 Compatibility

 

FinMarie reserves the right to make the Platform available only for certain operating systems or certain versions of operating systems.

 

Section II.

Special services on the Platform

 

  1. Financial coaching

1.1 FinMarie offers the possibility to book appointments for group coaching and 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 personal 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.   

 

  1. 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.


2.1 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/their 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.

 

2.2 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/their independent investment decision and to inform him/her/them 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 advice (Anlageberatung) nor tax or legal advice.

 

2.3 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.

 

2.4 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 customer support tools 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/them if he/she/they have 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/them. 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/their 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.

 

2.5 Automatic Rebalancing, reinvestment of distributions

 

a) Pay-out

 

The User can have his/her/their 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 i.e. Investing with the FinMarie service on the Platform, the User requires a SEPA direct debit-capable reference account at a credit institution which is in his/her/their 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.

 

2.6 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.

 

2.7 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.

 

2.8 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 or about 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.

 

2.9 Right of withdrawal

 

The User may withdraw his/her/their 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, help@finmarie.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.

 

Section III.

FEES AND COSTS

 

  1. Subject to the provisions in the following Clauses 2 and 3, the use of the Platform shall be free of charge for the User.

  1. 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

  1. FinMarie receives a subscription fee, either monthly or annually, in exchange for Premium Support access (see Section I. Clause 4.) The subscriber may pay their Subscription Fee by credit card or SEPA direct debit. Payments will be processed in collaboration with Stripe, Inc. – an international cashless payment provider whose terms and conditions apply accordingly. The Subscriber shall immediately notify FinMarie of changes affecting their means of payment. Cash payments are excluded.

3.1 By providing the IBAN and confirming this payment, the Subscriber is authorizing FinMarie and Stripe to debit their account and the bank to debit the Subscriber’s bank account accordingly and to deduct the Subscription Fee. The Subscriber is obligated to ensure that sufficient funds are available in their account for the successful debit of the Subscription Fee. Costs incurred as a result of non-payment or reversal of the direct debit are at the expense of the Subscriber, as long as the non-redemption or the chargeback was not caused by FinMarie. 


3.2 If Subscribers are more than one month in arrears with their Subscription Fees, FinMarie is entitled to block their access to the Premium Support and/or the online tools without prior notice. 


3.3 In connection with the collection of data to carry out the payments, Stripe’s Privacy Policy (https://stripe.com/de/privacy) applies. 


3.4 Subscribers may not request a retroactive or subsequent change of their billing address in invoices already issued and sent by FinMarie. Subscribers can update their billing information at any time for future invoices through help@finmarie.com. 


3.5 In case of chargeable chargebacks for which the Subscriber is responsible, FinMarie is authorised to charge these costs to the Subscriber. The costs will be charged to the deposited means of payment.

 

  1. 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.

  1. The User shall be notified in text form of any changes to the price/service schedule of FinMarie no later than two (2) 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.

  1. 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.

Section IV.

LIABILITY, LIMITATION OF LIABILITY

 

  1. 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.


  1. 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).


  1. 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 may turn out to be incorrect.


Section V.

TERM, TERMINATION


  1. The agreement on the use of the Platform runs for an indefinite period of time. 

  1. 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. 

  1. FinMarie may terminate the business relationship with the User at any time by giving at least one month’s notice. 

  1. The right to terminate the agreement for good cause shall remain unaffected by the above provisions. 

  1. 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. 

  1. 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.

  1. 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.

  1. 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 of 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.

Section VI.

MISCELLANEOUS

 

  1. 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/their consent to the collection and processing of his/her/their data as provided for in the data protection declaration of FinMarie.


  1. Communication

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/their 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: help@finmarie.com


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.


  1. 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/their user profile.


3.2 The User is responsible for informing himself/herself/themself 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.


  1. 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/their rights and obligations arising from these GTC, a user agreement on the use of the Platform, financial coaching agreements and investment brokerage agreements.


  1. 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.


  1. 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.


6.2 Jurisdiction


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/their commercial business.

Updated December 2022