GENERAL TERMS AND CONDITIONS OF
the Institute for Rare Earths and Metals AG
"ISE AG"
1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the contractual relationship between the Institute for Rare Earths and Metals AG, alternatively also referred to as ISE AG (hereinafter also referred to as provider/operator) and you (hereinafter referred to as customer/user), in the Version valid at the time of the conclusion of the contract.
(2) Deviating terms and conditions of the customer will be rejected.
Please read these conditions carefully before using any free or paid service of ISE AG.
(3) As the Institute for Rare Earths and Metals AG, we offer you the following services:
(3.1.) Internet based services:
Free newsletter and paid information service on prices for rare earths and metals.
(3.2.) other services:
Analysis of metals and rare earths, as well as valuations, advice on arranging purchases and sales and storage of rare earths and metals.
Our terms and conditions apply to these services. These can be extended or restricted in writing in individual cases. Insofar as contact is initiated for "Other Services" via our website, the General Terms and Conditions apply unless other agreements have been made.
2 Conclusion of the contract for internet-based and other services
(1) Contracts on this portal can only be concluded in German or English.
(2) The customer must have reached the age of 18.
(3) Access to the use of the Institute for Rare Earths and Metals AG requires registration or acceptance of our terms and conditions.
(4) By registering, the customer accepts these General Terms and Conditions. With the registration, a contractual relationship arises between the Institute for Rare Earths and Metals AG and the registered customer, which is based on the provisions of these General Terms and Conditions.
(5) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer to make an offer.
(6) By ordering a fee-based service, the registered customer enters into a further contractual relationship with the Institute for Rare Earths and Metals AG, which is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective fee-based service and the terms of payment. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the button "Order with obligation to pay". The conclusion of the contract for "Other services" takes place within the framework of an individual contract, whereby the General Terms and Conditions are deemed to have been agreed in the present form, unless otherwise agreed in writing.
(7) The customer agrees that he will receive invoices electronically. Electronic invoices are provided via email. We will inform for each service whether an electronic invoice is available. For more information about e-invoices, visit our website.
2.1. Description of the scope of services
The range of services offered by the Institute for Rare Earths and Metals AG consists of the following services:
The user can register free of charge and then select which fee-based and, in some cases, free information services he would like to use.
- Average prices of the last 6 months for metals - free
- 30 days package for EURO 80,00 per month - all metal prices
- 180 days package for EURO 400,00 per 6 months - all metal prices
- 360 days package for EURO 750,00 per year - all metal prices
- 360 days package for EURO 1250,00 per year - all metal prices and products
These prices are net prices which, if applicable, are subject to sales tax at the applicable rate.
2.2. Registration
(1) In order to use the range of services offered by the Institute for Rare Earths and Metals AG, you must first register.
(2) If the user wants to use a chargeable service, he will be informed in advance about the chargeability. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(3) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
- 2.3. Terms of payment
(1) An accruing fee is to be paid in advance, at the time it is due, without deduction to the Institute for Rare Earths and Metals AG.
(2) By registering, providing the information required for the payment process and using the fee-based service, the user authorizes the operator to collect the corresponding amount or the user declares his consent to the obligation to pay.
(3) A fee-based service is automatically extended by the period booked (subscription) unless this is canceled before the end of the period by e-mail or letter with a notice period of 30 days.
(4) The subscription will be withdrawn at the following point in time: On the day the cancellation period expires (14 days after the order was placed), as well as on the respective subsequent date (30 days/6 months/12 months) if the cancellation has not been made. If the user would like to use the chargeable service immediately when ordering, he can access the ordered service immediately after payment or collection by clicking on the "Wait to withdraw" box.
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(7) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.
(8) Processing can be carried out using the following means of payment:
- Credit card
- Instant bank transfer
- PayPal
2.4. Registration and termination
(1) Subject to reservation, a user is entitled at any time to unsubscribe in writing by post or email without giving a reason. At the same time, it is possible to completely and personally deactivate it within the data and settings in the user account. The previously concluded contractual relationship is thus terminated. However, the user is obliged to pay the contractual usage fee in full without being entitled to a prorated refund for the unused contractual period.
(2) If a user has registered for a paid service, he can cancel at least 30 days before the booking period. If this deadline is not met, the fee-based service will be extended by this depending on the selected booking time and the termination will only take effect at the end of the subsequent booking period. Termination is possible by e-mail or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the customer should be given.
(3) The Institute for Rare Earths and Metals AG can terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. The Institute for Rare Earths and Metals AG further reserves the right to remove profiles and/or any content published on the website by or by the user. If the Institute for Rare Earths and Metals AG terminates the user's registration and/or removes profiles or published content of the user, the Institute for Rare Earths and Metals AG is under no obligation to inform the user of the reason for the termination or removal . Any unused period of time is to be reimbursed to the user in installments.
(4) Following each termination of any individual use of the services of the Institute for Rare Earths and Metals AG, the Institute for Rare Earths and Metals AG reserves the right to provide information about this to other registered users with whom the Institute for Rare Erden und Metalle AG assumes that they were in contact with the user. The Institute for Rare Earths and Metals AG's decision to terminate the user's registration and/or to notify other users with whom the Institute for Rare Earths and Metals AG assumes or can assume that the user has been in contact is implied does not or does not state that the Institute for Rare Earths and Metals AG makes statements about the individual character, general reputation, personal characteristics or the lifestyle of the user.
(5) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such disclosures may result in civil action. The provider also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(6) If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved by the provider. The amount of the expenses saved is set at a flat rate of 10% of the fee. Both contracting parties are free to prove that the damage and/or the expenses saved are actually higher or lower.
(7) After termination of the contractual relationship, all user data will be deleted by the Institute for Rare Earths and Metals AG
2.5. Limitation of Liability
(1) The Institute for Rare Earths and Metals AG assumes no responsibility for the content and correctness of the information in the registration and profile data of the customer, as well as other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective ordering parties involved. Therefore, the Institute for Rare Earths and Metals AG is not liable to any third parties who have a connection to the customer. Accordingly, all matters relating to the relationship between Purchasers, including, without exception, Services received by a Seeker or payments due to Purchaser, shall be addressed directly to Purchaser's respective party. The Institute for Rare Earths and Metals AG cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind whatsoever, including claims, services, direct or indirect damage of any kind, knowingly or unknowingly, suspected or unexpected, disclosed or not, in any way whatsoever in connection with the matters mentioned.
(3) For other damages, insofar as they are not based on the violation of cardinal obligations (obligations whose fulfillment make the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), ISE AG is only liable if they are based on a intentional or grossly negligent breach of duty by ISE AG or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ISE AG.
(3.1.) The price information on rare earths and metals is regularly determined by the provider to the best of their knowledge and belief. The user is aware that there are no official market or stock exchange prices for this, which is why the provider must rely on sources he has classified as reliable when determining the price. The provider assumes no liability for the correctness of the prices determined in this way.
(3.2.) Rare earths and metals are valued on behalf of the customer, unless otherwise agreed in writing, without regard to the quantity of the material valued, on the basis of minimum quantities offered for sale.
(4) The claims for damages are limited to the foreseeable, contract-typical damage, excluding any indirect damage or consequential damage. In the event of default, they amount to a maximum of 5% of the order value.
(5) Contract-typical claims for damages become statute-barred after 1 year, whereby the statute of limitations begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence.
(6) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.
3 Offsetting and right of retention
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if the counterclaim is based on the same contractual relationship.
4 Right of withdrawal
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation period for services is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must contact us:
ISE AG
Under Old Town 28
CH-6300 Zug
Switzerland
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can send us a clear explanation for this. If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Consequences of the withdrawal
If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within 14 days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
The right of withdrawal expires with the first registration.
(4) Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires in the following contracts:
- for services if the Institute for Rare Earths and Metals Ltd. has provided them in full and you have acknowledged and expressly agreed before placing the order that we can begin providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
5 Privacy
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive complete and free information from the Institute for Rare Earths and Metals AG about the database concerning you.
(5) Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
6 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies. A banner is available to you for this purpose, which you can object to/accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
7 Jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, Swiss law shall apply exclusively, to the exclusion of the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
- 13 Final Provisions
(1) Contract language is German or English. If these GTC are also available in English, both versions apply.
(2) We do not offer any products or services for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use the Institute for Rare Earths and Metals AG with the involvement of a parent or legal guardian.
(3) If you violate these terms and conditions and we do not take action against this, we are still entitled to make use of our rights on any other occasion in which you violate these terms of sale.
(4) We reserve the right to make changes to our website, rules and conditions, including these terms and conditions, at any time. The terms of sale, contractual conditions and general terms and conditions that are in force at the time of your order apply to your order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders that You have previously done). If a regulation in these sales conditions is ineffective, void or unenforceable for any reason, this regulation is considered separable and does not affect the validity and enforceability of the remaining regulations.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.
Train April 1, 2022
