General Terms and Conditions of Business and Use for
OWR Wealth GmbH

Object
This agreement is concluded between OWR Wealth GmbH and the user of the “SecureCom” software (licensee).
The “SecureCom” software is the sole property of Digital Investments AG. OWR Wealth GmbH is the sole owner of the distribution rights for the software and is authorized by Digital Investments AG to grant the rights defined in this agreement.
OWR Wealth GmbH hereby grants the licensee a non-exclusive, non-transferable license to use the software on a smartphone. The licensee acknowledges all copyrights to the software, documentation and other information.
The following is expressly excluded from the scope of this license: any copying of the software or parts thereof, any translation, adaptation, editing or any other conversion of the software; any copying of products resulting from the aforementioned actions; any public distribution, including rental and crediting of the software or its duplicates; granting of rights of use, in whole or in part; any transfer of rights; any distribution, publication or any making available to third parties. The Licensee may not create subsequent versions or derivatives of the Software or authorize a third party to create such versions.
All offers and services relating to and with the SecureCom software are provided exclusively in accordance with these General Terms and Conditions of Business and Use.  By registering, you as the licensee accept these terms and conditions.

Privacy policy
OWR Wealth GmbH respects the privacy of all users and will store and handle personal data in accordance with the applicable data protection regulations. No data will be passed on to third parties. You can view the personal data stored about you and your user account settings at any time and correct, amend or delete them.
As a user, you have the right to terminate the use of our software at any time without giving reasons. Once the account has been deleted, no more of your data will be stored and it is therefore not possible to reactivate the account.
All services are hosted in Switzerland. The rights of Switzerland apply exclusively.
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Registration and login
By registering, you as the licensee confirm that you comply with the following guidelines:
You are at least 18 years old. You have a valid e-mail address.All information provided by the licensee is truthful.You will not transfer your account to a third party and will not disclose your password to any third party.

Content, media and information
No data, texts, images, files, links, software or other content may be stored, published and/or transmitted that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or otherwise objectionable in accordance with the relevant statutory provisions or that could harm minors in any way, in particular pornographic content, content that glorifies violence or is otherwise harmful to minors, racist or in any other way objectionable or which could harm minors in any way, in particular pornographic, violent or otherwise harmful to minors, as well as store, publish and/or transmit content which infringes the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights.


GENERAL TERMS AND CONDITIONS FOR THE ONLINE STORE
§ 1 Scope of application and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Terms of payment; default
§ 5 Offsetting/right of retention
§ 6 Delivery
§ 7 Cancellation policy
§ 8 Warranty
§ 9 Liability
§ 10 Copyrights and rights of use
§ 11 Alternative dispute resolution
§ 12 Final provisions

§ 1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders that you place in the online store of
OWR Wealth GmbH with registered office at Shanghaiallee 9, 20457 Hamburg
Telephone: +49 - (0)40 - 53536651Email: info@owr-wealth.com
Managing Director: Ulrike Trebesius
active.
(2) The offer is aimed exclusively at persons who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on our website www.owr-wealth.com. The text of the contract will not be saved. § 3 Prices
The prices stated on the product pages include statutory VAT and other price components.

§ 2 Conclusion of contract
‍(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) By clicking the button [“Order now with obligation to pay”/“Buy”] you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) The contract is only concluded when the hardware is sent or the content is activated or a link is provided.

§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components.
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§ 4 Terms of payment; default
(1) Payment can be made either by
- credit card,
- PayPal,
- direct debit or
- payment service.
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(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to hedge our credit risk only prepayment.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be debited at the time we dispatch the goods to you.
4) For the payment process, you will be redirected to the payment service provider's website during the ordering process In order to pay the invoice amount via the payment service provider, you must follow their instructions. After placing the order in the shop, we will ask the payment service provider to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by the payment service provider immediately afterwards.
(5) When paying by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.

§ 5 Offsetting/right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery
(1) Unless otherwise agreed, the hardware shall be delivered by a delivery service and, after receipt of the goods, by OWR Wealth GmbH providing a link. This can be activated by you and starts the download on the storage medium.
(2) It is the customer's responsibility to provide suitable software that enables the files and content to be opened, edited and printed properly.

§ 7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes that cannot be attributed primarily to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawalYou have the right to cancel this contract within fourteen days without giving any reason.The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.To exercise your right of withdrawal, you must inform us
‍Company:
Address:
E-mail:
Phone:
Fax:
‍of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
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Sample withdrawal form
‍If you wish to cancel the contract, please fill out this form and send it back to us.

To
Company:
Address:
E-mail:
Fax:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of notification on paper)
Date

(*) Delete as appropriate.

End of the withdrawal policy

(1) The right of withdrawal does not apply to- delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(2) A right of withdrawal expires in accordance with Section 356 (5) BGB in the case of a contract for the supply of digital content not on a tangible medium if the trader has started to perform the contract after the consumer has expressly agreed that the trader will start to perform the contract before the expiry of the withdrawal period and has confirmed his knowledge that he will lose his right of withdrawal by giving his consent at the beginning of the performance of the contract.
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§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).
(2) We shall only be liable for claims arising from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutoryprovisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.- In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs incurred by the transportation of the goods to a location other than the place of performance, provided that the transportation is not in accordance with the intended use.place of performance, unless the transfer corresponds to the intended use of the goods.- If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.- The warranty period is one year from delivery of the goods.
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§ 9 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
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§ 10 Copyright and rights of use
(1) All digital content provided by the seller is protected by copyright.
(2) The customer acquires a simple, non-transferable right of use for an unlimited period of time exclusively for non-commercial use. The customer is not granted any exploitation rights. In particular, he may not distribute the acquired license either digitally or in printed form, in whole or in part (§ 17 UrhG), make it publicly accessible (§ 19a UrhG) or pass it on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that are exclusively for personal use.
(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
other legal reservations from the goods.
(5) The seller is entitled to individually personalize digital content provided for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of misuse.
(6) In the event of unauthorized use of the digital content by the Buyer or a third party, the Buyer undertakes to pay a contractual penalty per act of infringement to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
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§ 11 Alternative dispute resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We will endeavor to settle any disputes arising from our contract amicably. Beyond this, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
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§ 12 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) German law shall apply exclusively to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory consumer law provisions of the country in which you usually reside shall remain unaffected by the choice of law (in particular with regard to the conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our place of business.
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Rights
OWR Wealth GmbH is entitled to delete content or delete user accounts without notice in the event of a breach of these terms of use. OWR Wealth GmbH is entitled to claim damages resulting from the breach of any part of this agreement between OWR Wealth GmbH and the licensee.
All rights, titles, services and trademarks (with the exception of all content submitted by the user) are and remain the sole property of OWR Wealth GmbH or Digital Investments AG.
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Limitations of liability / Exclusion of liability
Claims for damages against OWR Wealth GmbH are excluded, irrespective of the legal grounds, unless OWR Wealth GmbH, its legal representatives or vicarious agents have acted with intent or gross negligence. OWR Wealth GmbH is in no case liable for consequences or damages resulting from the use of the software.
The user agrees that OWR Wealth GmbH, companies affiliated with OWR Wealth GmbH and the employees, workers, staff, representatives, shareholders and vicarious agents of OWR Wealth GmbH and/or companies affiliated with OWR Wealth GmbH shall indemnify and hold OWR Wealth GmbH harmless on first demand in respect of any claims or demands of any nature whatsoever, which are asserted by third parties on the basis of or in connection with content which the user stores, publishes and/or transmits within the framework of OWR Wealth GmbH or which are asserted on the basis of your use of our offer or on the basis of violations of these GTC or of the rights of third parties by the user. This also includes reasonable legal fees and court costs.

Applicable law, place of performance, place of jurisdiction
German law shall apply. The place of performance and exclusive place of jurisdiction shall be Hamburg, Germany, to the extent permitted by law.
Should individual contractual provisions be or become invalid in whole or in part, the remainder of the contract shall remain valid. In the event of such ineffectiveness, the contracting parties shall agree on a legally effective replacement provision that comes as close as possible to the economic purpose of the ineffective provision. The same applies in the event of a loophole.



Last updated: October 2024