Terms of service and privacy policy

About the company:

The online store available at smartfx.eu is operated by SMART FX Sp. z o.o. [Ltd.] with registered office in Warsaw, Poland at Nowogrodzka 31 Street, entered into the register of entrepreneurs held by the District Court for the Capital City of Warsaw under the National Court Register number – KRS 0000416340, Tax Identification Number – NIP 7010337785, statistical number – REGON 146070734, e-mail: info@smartfx.eu

Definitions:

Store – online store operating under the addresses smartfx.eu, selling licences for products on its offer via the Internet.

Client – a natural person or an organisational unit without legal personality making purchases in the Store.

Consumer – a natural person making purchases in the Store for purposes which are outside his or her trade, business or profession.

Electronic transfer: payment made by a Client via electronic payment systems.

Provisions:

I. General

1. The Store sells licences for products on its offer via the Internet.

2. The products for which the licence is sold shall be downloaded from the Store's website at smartfx.eu or smartfx.pl.

3. The products for which the licence is sold shall be compatible with the broker Dukascopy™. They may be used, inter alia, to execute transactions on financial markets or support such transactions. Before their use one should be fully informed about the risks associated with trading on the financial markets.

4. The offer presented on the Store's website shall not constitute an offer within the meaning of Art. 66 of the Civil Code.

5. Safe and efficient operation of the products for which a license is purchased requires Internet access.

II. Licence purchase

1. The condition for buying the Store's products is accepting the Terms of Service and the Licence Agreement. By placing the order, the Client accepts the content of the Terms of Service and the Licence Agreement.

2. By accepting the Terms of Service, the Client declares that he or she has read and accepted the Privacy Policy published on the Store's website.

6. The orders can be placed through the Store's website smartfx.eu or smartfx.pl. Placing an order is performed through filling on order form available at the Store's website. Placing an order is possible 24 hours a day seven days a week.

7. The condition for the order to be accepted is submitting when placing the order the right number or login to the Dukascopy™ brokerage account for which the product will be active.

8. The provided number or login to the Dukascopy™ brokerage account shall be used for verification of the validity of the purchased licence and for identification of the user settings.

III. Payments and subscription

The Client has access tothe Store's products through each of the several licence subscriptions available on the Store's website.

1. All the prices available on the Store's website are gross prices, inclusive of VAT.

2. The price given for each product shall be binding from the time of order by the Client.

3. The Store reserves the right to change the prices of licences for products, to introduce new products, to conduct and cancel promotions on the Store's websites.

4. Upon Client's request an invoice shall be issued.

5. The payment for the licence for a given products is made by the Client via the electronic payment systems available on the Store's website.

IV. Termination of the contract

1. The Client who is a Consumer, who concluded a remote agreement, may withdraw from it, without stating the reason, by submitting an appropriate statement in writing within ten day of the conclusion of the contract. To comply with this deadline it is enough to send the statement before this period expires.

2. Withdrawing from the contract, the Client is obliged to keep confidential any information which he or she entered into possession when using the product.

3. In the case of a withdrawal from the contract of a Client being a Consumer, the Store shall refund the amount equivalent to the price of the purchased licence. The money shall be refunded promptly, in a period of not more than 14 days, onto an account specified by the Client.

V. Responsibilities

1. SMART FX Sp. z o. o. shall make all the efforts to ensure correct operation of the products for which the Store sells licences.

2. SMART FX Sp. z o. o. shall not be liable for any commercial damages, financial losses or moral damages, suffered as a result of the use or the inability to use the products for which the Client has purchased the licence, even if the losses result from improper or unexpected operation of the product.

3. SMART FX Sp. z o. o. shall not be liable for technical breaks, lack of quotes, lack of access to Dukascopy™ broker at which the product, for which the Client has purchased the licence, is used.

4. SMART FX Sp. z o.o. shall not be liable for breaks in operation of the Store resulting from technical problems (repairs, maintenance, etc.) or other reasons beyond.

VI. Technical support

1. Problems with the installation or the operation of the products Clients can submit the e-mail address info@smartfx.eu.

VII. Final provisions

1. These Terms of Service shall enter into force on the date of their publishing on the Store's website and shall be applicable for an indefinite period.

2. smartFX Sp. z o.o. reserves the right to alter these Terms of Service for important reasons, particularly in the event of changes in the law, the functioning of the Internet, or significant changes in market conditions. smartFX Sp. z o.o. shall announce the planned changes on the Store's website in advance. All purchases that have been initiated before the new Terms of Service enter into force shall be finalised according to the rules of the previous version of the Terms of Service.

3. Matters not covered by these Terms of service shall be governed by the Civil Code, the provisions of the Act on the specific terms and conditions of consumer sale and amendments to the Civil Code, the Act on the protection on certain rights of consumers and on the liability for damages caused by a hazardous product.