General Terms and Conditions

Margin Traders NL Team

GENERAL TERMS AND CONDITIONS - MARGIN TRADERS NL

Definitions

In these terms and conditions, the following definitions shall apply:

  1. Supplementary agreement: an agreement whereby the customer acquires products, digital content and/or services in connection with a remote agreement and these products, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Consumer: a customer who is also a natural person not acting for purposes related to his trade, business, craft or profession;
  3. Crypto(currency): virtual currency in an unregulated market. Crypto is based on blockchain technology. Trading in crypto currency takes place outside AFM supervision.
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
  7. Durable data carrier: any tool - including e-mail, cloud services and external server - that enables the client or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time that is tailored to the purpose for which the information is intended, and that allows for the unaltered reproduction of the stored information;
  8. Customer: the party with whom Margin Traders NL has entered into an agreement or signs an offer;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services at a distance to customers;
  • Distance contract: an agreement that is concluded between the entrepreneur and the customer in the context of an organized system for distance selling of products, digital content and / or services, whereby to the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication;
  • Parties: the entrepreneur and the customer together;
  • Technique for distance communication: means that can be used for concluding an agreement, without the parties having to come together in the same room at the same time.

 

Identity of the entrepreneur

The company Margin Traders NL, established in Oud-Beijerland;

E-mail address: info@margintraders.nl

Website: www.margintraders.nl

Chamber of Commerce number: 76482189

Tax-number: 860639782

 

Toepasselijkheid  

general terms and conditions

  1. These general terms and conditions are applicable to all (online) communications, notices, offers, activities, newsletters, orders, agreements and deliveries of services or products by or on behalf of Margin Traders NL.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, Margin Traders NL will indicate, before the distance contract is concluded, how the general conditions can be viewed at its premises and that they will be sent free of charge as soon as possible at the request of the customer.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
  4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

 

 

 

The offer

  1. All offers and quotations by Margin Traders NL are without obligation, unless explicitly stated otherwise.
  2. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. If the customer does not accept the offer within the applicable period, the offer or quotation will lapse.
  3. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If Margin Traders uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Margin Traders.
  4. Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.

 

The agreement

  1. Subject to the provisions of paragraphs 4 and 5, the agreement comes into effect at the time the customer accepts the offer and meets the conditions set therein.
  2. If the customer has accepted the offer electronically, Margin Traders NL will immediately confirm receipt of acceptance of the offer electronically. As long as it has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
  3. If the agreement is created electronically, Margin Traders NL will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the customer can pay electronically, Margin Traders NL will take appropriate security measures.
  4. If the agreement is created electronically, Margin Traders NL will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the customer can pay electronically, Margin Traders NL will take appropriate security measures.
  5. Upon acceptance of a non-binding quotation or offer, Margin Traders NL reserves the right to withdraw the quotation or offer within three (3) days of receipt of acceptance, without the customer being able to derive any rights from this.
  6. Margin Traders NL will, at the latest upon delivery of the product, service or digital content to the customer, send the following information in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
  7. The contact information where the customer can go with complaints;
  8. a clear statement regarding the exclusion of the right of withdrawal;
  9. The information about warranties and existing after-purchase service;
  10. The price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
  11. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  12. In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.

 

Informed consent

  1. Upon entering into the agreement with Margin Traders NL, the customer is assumed to be familiar with the risks associated with trading in cryptocurrency.
  2. In accepting the offer, the customer agrees that:
  • all information received by the customer from or on behalf of Margin Traders NL by means of (online) training and master classes, educational e-books, video content, newsletters, e-mail, signal channels, digital text messages, online flyers and/or the website, serve informational and educational purposes only and do not constitute an invitation, advice, suggestion, recommendation or offer to make a particular investment, in the form of a purchase or sale of cryptocurrency;
  • The customer is expressly aware that Margin Traders NL only provides the aforementioned general information for educational purposes and that the customer cannot or may not derive any personal legal, tax or investment advice from this. In any case, a customer cannot derive any rights from this non-binding information;
  • the information provided expressly does not contain any guarantees, advice, promises or forecasts;
  • All directors, employees and/or auxiliary persons of Margin Traders NL are not professional financial advisors and do not purport to have such an intention;
  • when the client chooses to invest (or start investing) in cryptocurrency, he realizes that this is a volatile market in which information can be quickly overtaken by time. The client may lose his deposit and investments and is responsible for ensuring that he only makes investments to the extent that he is willing to accept the possibility of losing them. This explicitly means that the client should preferably not make investments with borrowed funds or pension funds;
  • the customer is at all times responsible for all investments and trades made and followed;
  • If and insofar as the customer uses so-called third party trading bots, some providers have a technical option to automatically follow a trade based on the information from Margin Traders NL. Margin Traders NL does not support this technical tracking option. In all cases the customer remains responsible for the correct use of the information and the trading bots;
  • if the customer copies, shares, discusses and/or sells the information obtained from or on behalf of Margin Traders NL to third parties he runs the risk of being removed from Margin Traders NL's signal channels, without refund of the subscription fees paid.
  • When trading in cryptocurrency, the customer invests outside the supervision of the AFM.

 

Prices

  1. All prices used by Margin Traders NL are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed upon otherwise.
  2. Margin Traders NL may offer products or services whose prices are subject to fluctuations in the financial or cryptocurrency market and over which the company has no control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
  3. All prices used on the website are subject to change at any time.
  4. Increases in the cost price of the products and/or services or parts thereof, which Margin Traders NL could not foresee at the time the offer was made and/or the agreement was concluded, may lead to an adjustment of the price. If the price increase takes place within three (3) months after the conclusion of the contract, the consumer has the possibility to dissolve the contract, without being able to claim a refund of the services/products already paid and received.
  5. If the parties have agreed on a total amount for the services provided by Margin Traders NL, this will always be a guide price, unless the parties have explicitly agreed in writing on a fixed price that cannot be deviated from.
  6. Margin Traders NL has the right to change the prices annually.
  7. Price changes will always be communicated to the customer prior to coming into effect.
  8. The customer has the right to terminate the agreement with Margin Traders NL within three (3) months after the announcement of the price increase if he does not agree.

 

Payment

  1. The customer must have made the payments prior to the delivery of the product or service. Insofar not otherwise specified in the agreement or additional conditions, the amounts due by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. Bij de verkoop van producten aan consumenten mag de consument in algemene voorwaarden nimmer verplicht worden tot vooruitbetaling van meer dan 50%. Wanneer vooruitbetaling is bedongen, kan de consument geen enkel recht doen gelden aangaande de uitvoering van de desbetreffende bestelling of dienst(en), alvorens de bedongen vooruitbetaling heeft plaatsgevonden.
  3. The customer has the duty to immediately report inaccuracies in payment data provided or stated to Margin Traders NL.
  4. If the customer fails to meet its payment obligation(s) in a timely manner, Margin Traders NL is entitled to immediately suspend its obligations under the agreement.
  5. If the customer is in default of timely payment after a proper notice of default, he shall owe the statutory interest and extrajudicial collection costs.
  6. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Margin Traders NL on the customer are immediately due and payable.
  7. If the customer refuses to cooperate in the execution of the agreement by Margin Traders NL, he will remain under the obligation to pay the agreed price to Margin Traders NL.
  8. If the customer chooses to pay by direct debit, the customer is responsible at all times for ensuring that their bank account has sufficient balance.

 

Exclusion of right of withdrawal

  1. The customer cannot dissolve a contract relating to the online purchase in derogation of the legal right of withdrawal for consumers because:

- the customer has stated at the time of entering into the agreement to waive his right of dissolution once Margin Traders NL has fulfilled the agreement to provide services;

- it involves the supply of items that have a very limited shelf life in the volatile market;

- the customer can immediately access the digital information upon entering into the agreement and the product/service is comparable to the delivery of newspapers, magazines or journals;

- it concerns the delivery of digital content that has not been delivered on a tangible data carrier, insofar as the performance has begun with the consumer's express prior consent and the consumer has declared that he thereby waives his right to terminate.

 

Suspension right

  1. Unless Customer is a consumer, Customer waives the right to suspend performance of any of its obligations under this Agreement.

 

Retention

  1. Margin Traders NL can invoke the right of retention. This means that it retains possession of products and/or services destined for the customer until the customer has paid all outstanding bills of Margin Traders NL. This right expires if the customer has provided sufficient security for payment.
  2. The right of retention also applies to previous agreements under which the customer still owes Margin Traders NL payment.
  3. Margin Traders NL is not liable for any (consequential) damages that the customer may suffer as a result of using its right of retention.

 

Settlement

  1. Only in case the customer is a consumer, he is entitled to set off a debt to Margin Traders NL against a claim against Margin Traders NL. In all other cases the customer waives its right to set-off.

 

Retention of title

  1. Margin Traders NL blijft volledig eigenaar van alle geleverde producten en diensten totdat de klant volledig heeft voldaan aan al zijn betalingsverplichtingen uit hoofde van de tussen partijen gesloten overeenkomst.
  2. As long as the customer does not meet his payment obligation, Margin Traders NL can invoke the retention of title and take back all delivered products.
  3. As long as the customer does not meet his payment obligation, Margin Traders NL can invoke the retention of title and take back all delivered products.

 

Delivery and Implementation

  1. Margin Traders NL will take the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the customer has made known to Margin Traders NL.
  3. If the customer does not meet his payment obligation on time, there is a creditor's default, with the result that the customer cannot object to any delayed delivery by Margin Traders NL.

 

Delivery time and performance of the agreement

  1. De levertijden van Margin Traders NL zijn indicatief en geven de klant bij overschrijding van de termijn geen recht op ontbinding of schadevergoeding, tenzij partijen dit uitdrukkelijk schriftelijk zijn overeengekomen.
  2. The delivery period will commence after the customer has made full payment to Margin Traders NL and this payment has been confirmed by Margin Traders NL.
  3. Subject to what is stated in the offer, Margin Traders will accepted orders expeditiously, but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the customer will receive a message no later than 30 days after the order was placed. In that case the customer has the right to dissolve the agreement.
  4. After dissolution in accordance with the previous paragraph, Margin Traders NL will immediately refund the amount paid by the customer.
  5. The customer must ensure that the actual delivery of the products and/or services ordered by him can take place on time. If the customer fails to do so, the resulting additional costs and/or hours shall be borne by the customer.
  6. Margin Traders NL is not liable for the loss of cryptocurrency due to any defect in the product purchased or service provided.
  7. Margin Traders NL shall perform the Agreement to the best of its knowledge and ability.
  8. Margin Traders NL has the right to have the agreed services (partly) carried out by third parties.
  9. The execution of the agreement takes place in mutual consultation and after written or digital agreement and payment of the agreed amount.

 

Insurance and risk

  1. The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft;
    • Margin Traders NL items present at the customer's premises.
    • goods delivered under retention of title.
  2. The customer will provide the policy of these insurances for inspection at the first request of Margin Traders NL.
  3. If the customer takes delivery of ordered products and/or services later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
  4. Any additional costs resulting from the premature or late purchase of products and/or services shall be borne entirely by the customer.
  5. The risk of loss, damage or theft of products and/or services is transferred to the customer at the moment they are legally and/or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.
  6. Margin Traders NL is not liable for any loss of cryptocurrency due to loss of private keys, pin codes or passwords by the customer. In each case, the user is responsible for his/her actions and for performing a proper backup of his/her data.

 

Warranty

  1. Insofar as the agreement is of a service nature, due to the nature of the agreement Margin Traders NL only has an obligation to perform to the best of its ability and not an obligation to achieve a certain result.
  2. The Agreement contains no warranty as to the correctness and accuracy of information, communications and/or expectations.

 

Provision of information by the customer

  1. The customer shall make all information and documents relevant to the proper execution of the agreement available to Margin Traders NL in a timely manner and in the desired form and manner.
  2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available. Even if this information originates from third parties, insofar as the nature of the agreement does not require otherwise.
  3. If requested by the customer, Margin Traders NL will return the records.
  4. If the customer requests this, Margin Traders NL will return the documents.If the customer does not provide the information required by Margin Traders NL, or does not do so on time or properly, and the agreement is delayed as a result, the resulting costs will be borne by the customer.

 

Term and termination of the agreement

  1. The consumer may contract for an indefinite period and that extends to the regular delivery of products or services, at any time, denounce the applicable termination rules and a notice not exceeding one month. For the customer, not being a consumer, a notice period of two months applies.
  2. The customer may terminate a fixed-term agreement that was entered into for the regular supply of products or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may enter into the agreements mentioned in the previous paragraphs:
    • terminated at any time and shall not be limited to termination at any particular time or in any particular period;
    • at least terminate in the same manner as they were entered into by him;
    • always terminate with the same notice as Margin Traders NL has stipulated for itself.
  4. A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice of up to one month. For the customer, not being a consumer, a notice period of two months applies.
  5. If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term. For the customer, not being a consumer, a notice period of two months applies.

 

Intellectual Property Rights

  1. For the purpose of providing services and products to the customer, Margin Traders NL retains all intellectual property rights (copyright, patent rights, trademark rights, drawings and models rights, etc.) on all designs, writings, carriers with data or other information, quotations, images, sketches, models, etc., unless the parties agree otherwise in writing.
  2. The customer may not copy, show and/or make available to third parties or otherwise use the intellectual property rights without the prior written consent of Margin Traders NL.

 

Secrecy

  1. The customer shall keep all information and messages received from or on behalf of Margin Traders NL confidential. This obligation applies regardless of the form in which he receives this information.
  2. The same applies to any other information of which he knows or can reasonably suspect to be secret or confidential, or of which he can expect that its dissemination may cause damage to Margin Traders NL.
  3. The customer shall take all necessary measures to guarantee the obligations referred to in paragraphs 1 and 2.
  4. The confidentiality obligation does not apply to information that:
    • was already in the public domain before the customer learned of the information or became public at a later date without being the result of a breach of the customer's confidentiality;
    • disclosed by the customer pursuant to a legal obligation.
  5. The confidentiality obligation shall apply as long as the agreement between the parties is in effect and shall terminate only upon the expiration of three (3) years after the termination of such agreement.

 

Indemnification

  1. The customer indemnifies Margin Traders NL against all claims by third parties related to the products and/or services provided by Margin Traders NL under the agreement between the parties.

 

Complaint Procedure

  1. Margin Traders NL has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to Margin Traders NL within a reasonable time, but in any case within one (1) month after the customer has discovered the defects. For consumers, a period of two (2) months.
  3. Complaints submitted to Margin Traders NL will be answered within a period of one (1) month from the date of receipt. If a complaint requires a foreseeable longer processing time, Margin Traders NL will respond within the aforementioned period with a notice of receipt and an indication when the customer can expect a more detailed answer.
  4. The customer must in any event give Margin Traders NL four (4) weeks to resolve the complaint in mutual consultation. After this period the customer is free to submit his dispute to a judge.
  5. The customer must show that the complaint relates to an agreement between the parties.
  6. If a complaint relates to work in progress, this cannot result in Margin Traders NL being obliged to perform work other than that agreed upon by the parties.
  7. If a complaint is found to be justified by Margin Traders NL, it will at its discretion replace, repair or perform the delivered products and/or services free of charge.

 

Notice of default

  1. The customer must give notice of default in writing to Margin Traders NL.
  2. The customer is responsible for the proper and timely mailing of the notice of default.

 

Joint and several liability

  1. If Margin Traders NL enters into an agreement on behalf of multiple clients and/or legal entity(ies), all such clients individually as well as the directors of the legal entity are jointly and severally liable for the payment obligation due to Margin Traders NL under the agreement.

 

Liability of Margin Traders EN

  1. Margin Traders NL is only liable for any damage suffered by the customer under the agreement if and to the extent that such damage is the result of intent or conscious recklessness on the part of Margin Traders NL.
  2. Margin Traders NL is never liable for indirect damages of the customer, including but not limited to consequential damages, lost profits, lost savings, lost opportunities and/or damages to third parties.
  3. If Margin Traders NL is liable, this liability is limited to the amount paid out by a liability insurance company.
  4. All remarks, communications, images, photographs, drawings, diagrams and descriptions are only indicative and apply only approximately and cannot be a reason for compensation and/or partial dissolution of the agreement and/or suspension of any obligation.

 

Due date

  1. If the customer has not protested to Margin Traders NL in accordance with the complaints procedure within a reasonable time after the discovery of a defect, the customer can no longer invoke a defect in the performance.
  2. Any right to compensation shall in any case expire twelve (12) months after the event from which the liability arose directly or indirectly.

 

Right of rescission

  1. The customer has the right to terminate the agreement if Margin Traders NL imputably fails to perform its obligations, unless this failure does not justify termination due to its nature or minor importance.
  2. If the fulfillment of the obligation is not permanently impossible then the dissolution can only take place after proper notice and after Margin Traders NL is in default.
  3. Margin Traders NL is entitled to dissolve the agreement with the customer if the customer does not fulfil his obligations or does not fulfil them on time.

 

Force Majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Margin Traders NL in the fulfillment of any obligation towards the customer cannot be attributed to it in a situation independent of the will of Margin Traders NL, as a result of which the fulfillment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be required from Margin Traders NL.
  2. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure of Margin Traders NL in the fulfillment of any obligation towards the customer cannot be attributed to it in a situation independent of the will of Margin Traders NL, as a result of which the fulfillment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be required from Margin Traders NL.
  3. If a force majeure situation arises which prevents Margin Traders NL from fulfilling one or more obligations to the customer, then those obligations will be suspended until it can fulfil them again.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.
  5. Margin Traders NL does not owe the customer any compensation, damages or refund in a force majeure situation.

 

Modification of the Agreement

  1. If, after the conclusion of the agreement, it appears that for the execution thereof, it is necessary to modify or supplement the contents of the agreement, the parties shall, in a timely manner and in mutual consultation, adapt the agreement accordingly. An adjustment is only valid if both parties have agreed to the change in writing.

 

Modification of general conditions

  1. Margin Traders NL is entitled to amend or supplement its applicable terms and conditions.
  2. Changes of minor importance may be made at any time.
  3. Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
  4. In the event of a substantial change in the general conditions, the customer is entitled to terminate the agreement.

 

No transfer of rights

  1. The customer is not permitted to transfer its rights under the agreement to one or more third parties, without the prior written consent of Margin Traders NL.
  2. This provision of paragraph 1 is deemed to have property law effect, in accordance with article 3:83 paragraph 2 of the Dutch Civil Code.
  3. The customer expressly agrees in advance that Margin Traders NL may transfer its business to a private company with limited liability. The transfer to a private company does not affect the applicable conditions. If this situation occurs, the customer will be informed by Margin Traders NL.

 

Consequences of nullity or voidability

  1. If one or more of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these general terms and conditions and they will apply to the agreement without prejudice.
  2. A provision that is void or voidable will in that case be replaced by a provision that most closely matches the intention Margin Traders NL had in mind when drawing up the conditions on that point.

 

Applicable law and competent court

  1. Agreements between Margin Traders NL and the customer to which these general terms and conditions relate are governed exclusively by Dutch law.
  2. The Vienna Sales Convention is not applicable.
  3. The Dutch court in the district of Rotterdam is exclusively competent to take cognizance of any disputes between the parties arising from or related to the agreement, unless the law imperatively dictates otherwise.

 

 

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