Terms & Conditions
1 Scope
(1) RNWY GmbH provides services and consulting for customers in the areas of coaching, education, and training related to investing. The customer is aware that RNWY GmbH / DIY Investor is not obligated to achieve any specific results in this regard. In principle, there is no entitlement to the achievement of specific results.
(2) The customer must always perform the acts of cooperation incumbent upon them in full and on time. If the customer fails to perform an act of cooperation and thereby prevents RNWY GmbH from providing its services, RNWY GmbH’s claim to remuneration shall remain unaffected.
(3) With regard to the consulting services to be provided by RNWY GmbH, RNWY GmbH shall be entitled to a right to determine the service in accordance with § 315 BGB (German Civil Code).
2 Conclusion of contracts
(1) The contract between RNWY GmbH and the customer may be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer shall have no right to receive the contents of the contract in writing from RNWY GmbH, unless otherwise agreed.
(2) Contracts between RNWY GmbH and the customer are concluded by telephone through matching declarations of intent. The customer agrees that RNWY GmbH may record the telephone call and/or the respective video chat for evidence and documentation purposes.
3 Payments, prices, terms
(1) The prices quoted and communicated by RNWY GmbH, whether by telephone or in writing, are binding. The prices quoted are gross prices.
(2) Payment for the services provided by RNWY GmbH shall be made immediately upon issuance of the invoice. Remuneration for the services provided by RNWY GmbH is generally due before the service is used, unless the offer from RNWY GmbH states otherwise. A (SEPA) direct debit authorization granted to us shall also apply to the further business relationship until revoked.
(3) RNWY GmbH shall issue the customer with a proper invoice showing the sales tax.
(4) In the event that agreed direct debits cannot be collected from the customer’s account and a chargeback occurs, the customer is obliged to transfer the amount owed to RNWY GmbH within three working days.
(5) Offsetting against counterclaims is only permissible on a mutual basis if the other contracting party has recognized the offset or if it has been legally established. The same applies to the exercise of a right of retention by one of the contracting parties.
4 Termination, term, right of withdrawal
(1) The contract is concluded for the term agreed in the respective main contract.
If the main contract does not specify a term, a fixed term of three months shall be deemed to have been agreed.
(2) Unless otherwise agreed between RNWY GmbH and the customer, the contract term shall not be automatically extended.
(3) Terminations must be made in writing to be effective.
(4) The right to extraordinary termination remains unaffected.
(5) Right of withdrawal – the customer has the right to withdraw from this contract within fourteen days of conclusion of the contract without giving reasons.
The withdrawal period is fourteen days from the conclusion of the contract.
To exercise the right of withdrawal, the customer must inform us, RNWY GmbH, acting under DIY Investor, Luegplatz 2, 40545 Düsseldorf, Tel. 0211 41 65 32 78, email: info@diyinvestor.de, by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. The customer may use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If the customer cancels this contract, he/she will receive all payments made by him/her to us within fourteen days at the latest.
5 Default / Withdrawal
(1) Deadlines for the provision of services by RNWY GmbH shall not commence before the invoice amount has been received by RNWY GmbH and the data necessary for the services has been provided to RNWY GmbH in full as agreed or the necessary cooperation has been provided in full.
(2) If the customer is in default with due payments, RNWY GmbH reserves the right to withhold further services until the outstanding amount has been settled.
(3) If the customer is in default with at least one due payment to RNWY GmbH in the case of installment payments, RNWY GmbH is entitled to terminate the contract extraordinarily and to discontinue the services. RNWY GmbH shall claim the entire remuneration due until the next regular termination date as compensation. Any expenses saved shall be deducted.
(4) Any free termination rights of the customer are excluded.
6 Performance
(1) RNWY GmbH shall perform the agreed services in accordance with the offer with the necessary care and is entitled to use the assistance of third parties for this purpose.
(2) If RNWY GmbH is prevented from providing the agreed services and the reasons for the hindrance originate from the customer’s sphere, RNWY GmbH’s claim to remuneration shall remain unaffected.
7 Conduct and consideration
(1) If the customer participates in communities and groups of RNWY GmbH (e.g. on Facebook), they are obliged to protect the interests of RNWY GmbH there. RNWY GmbH is entitled to temporarily or permanently exclude the customer from participating in communities and groups if the customer violates or impairs the interests of RNWY GmbH within the group/community (e.g., through statements that are damaging to business). In particular, the customer is not entitled to poach other customers of RNWY GmbH.
8 Rights of use
(1) The customer shall receive a simple right of use for the duration of the contract period exclusively in relation to the videos, Excel files, presentations, live calls, and personal support provided. Any transfer to third parties or reproduction of the stored content is strictly prohibited.
(2) The customer shall not receive any right of use with regard to advertising texts/advertisements published by RNWY GmbH on its websites or within forums/groups.
(3) Violations of paragraphs 1 and 2 will be prosecuted under civil and criminal law.
9 Liability
(1) RNWY GmbH shall be liable for damages – regardless of the legal basis – only in cases of intent and gross negligence.
In cases of simple negligence, RNWY GmbH shall only be liable
a) for damage resulting from injury to life, limb, or health,
b) for damage resulting from the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
(2) Within the limits set out in paragraph 1, RNWY GmbH shall not be liable for data and program losses. Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the nature of the risk. Liability under the Product Liability Act shall remain unaffected, as shall liability for the assumption of a guarantee.
(3) The information published by RNWY GmbH, in particular data, Excel spreadsheets and calculation models, courses, studies, comments, assessments, recommendations, opinions and representations, does not constitute tax advice, investment advice or an invitation to buy or sell securities or financial instruments.
RNWY GmbH points out that investing in securities and financial instruments is always associated with risks, including the total loss of the capital invested.
The offers and content provided by RNWY GmbH are prepared with the greatest possible care and to the best of our knowledge and belief.
However, RNWY GmbH does not assume any liability for the topicality, completeness, or accuracy of the information provided. RNWY GmbH does not assume any liability, guarantee, or warranty for the accuracy or topicality of the published information and reserves the right to change or supplement the information at any time without prior notice.
No liability is accepted for financial losses resulting from incorrect, incomplete, or inaccurate information. RNWY GmbH and DIY Investor address readers in the Federal Republic of Germany, so advertisements are directed exclusively at readers in the Federal Republic of Germany, unless otherwise specified.
10 Data protection and data security
(1) The customer assures that they will comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) when transferring data to RNWY GmbH.
(2) If a data processing agreement is to be concluded between the customer and RNWY GmbH, the customer shall inform RNWY GmbH of this before the start of the services.
(3) The customer shall indemnify RNWY GmbH in full against any liability for violations of the GDPR and the BDSG, unless RNWY GmbH is solely responsible for such violations.
11 Final provisions
(1) Individual agreements made with the customer in individual cases (including side agreements, supplements, and amendments) shall in all cases take precedence over these General Terms and Conditions. The content of such agreements must be recorded in the contract document and requires confirmation by RNWY GmbH.
(2) The law of the Federal Republic of Germany applies. The exclusive place of jurisdiction for commercial matters is Düsseldorf.
Terms and Conditions as of: 01.08.2022