1. Scope and Provider

• 1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between the Institut für Seltene Erden und Metalle AG (Institute for Rare Earths and Metals AG), alternatively ISE AG (hereinafter also referred to as the “Provider” or “Operator”), and you (hereinafter referred to as the “Customer” or “User”), in the version valid at the time the contract is concluded.
• 1.2 Any deviating terms and conditions of the Customer are hereby expressly rejected. Please read these Terms carefully before using any free or paid service offered by ISE AG.
• 1.3 As the Institut für Seltene Erden und Metalle AG, we provide the following services:
• 1.3.1 Internet-based services: Free newsletter and paid information services related to prices of rare earth elements and metals.
• 1.3.2 Other services: Analysis of metals and rare earth elements, as well as valuations, consulting for the brokerage of purchases and sales, and storage of rare earth elements and metals. These services are subject to our General Terms and Conditions, which may be individually amended or supplemented in writing. Where the initiation of contact for “Other Services” occurs via our website, these GTC shall apply unless otherwise expressly agreed.

• 2.1 Contracts on this platform may be concluded exclusively in German or English.
• 2.2 The Customer must be at least 18 years of age.
• 2.3 Access to the services offered by the Institut für Seltene Erden und Metalle AG requires registration and acceptance of these Terms and Conditions.
• 2.4 By registering, the Customer accepts these Terms and Conditions. Upon registration, a contractual relationship is established between the Institut für Seltene Erden und Metalle AG and the registered Customer, governed by the provisions of these Terms.
• 2.5 The presentation of services on the website does not constitute a legally binding offer. It merely serves as an invitation to the Customer to submit an offer.
• 2.6 By ordering a paid service, the registered Customer enters into an additional contractual relationship with the Institut für Seltene Erden und Metalle AG, separate from the registration. Before concluding this contract, the Customer will be informed about the specific paid service and the applicable payment conditions. The contract is concluded when the Customer confirms the order and payment obligation by clicking the button “Order with obligation to pay”. Contracts for “Other Services” are concluded individually, and these Terms apply unless otherwise agreed in writing.
• 2.7 The Customer agrees to receive invoices electronically. Electronic invoices are provided via e-mail. We will inform Customers for each service whether electronic invoicing is available. Further details can be found on our website.
• 2.2.1 Description of Services The Institut für Seltene Erden und Metalle AG offers the following services:
  
  Users may register free of charge and then choose which paid or partially free information services they wish to use.
  
  

  • Average metal prices over the last 6 months – Free of charge
  • 360-day package for EUR 900.00 – All metal prices
  • 360-day package for EUR 900.00 – All metal product prices
  • 360-day package for EUR 1,600.00 – All-In-One
  • VIP – Price upon request (individual)

  
  All prices are net prices and subject to VAT where applicable.
• 2.2.2 Registration
  
  (1) Registration is required to use the services offered by the Institut für Seltene Erden und Metalle AG.
  
  (2) If the user wishes to access a paid service, they will be explicitly informed beforehand about the costs, payment method, and scope of service.
  
  (3) The Provider reserves the right to offer different pricing models and service packages depending on the booking period, user group, or subscription duration.
• 2.2.3 Payment Terms
  
  (1) Any applicable fee must be paid in advance, without deduction, to the Institut für Seltene Erden und Metalle AG at the time of due date.
  
  (2) By registering, providing payment information, and using the paid service, the user authorizes the Provider to collect the corresponding amount or declares their consent to payment.
  
  (3) Paid subscriptions are automatically renewed for the booked period unless canceled via e-mail or letter at least 30 days prior to expiration.
  
  (4) The subscription fee is charged upon expiration of the withdrawal period (14 days after ordering) and, if not canceled, on each renewal date (30 days / 6 months / 12 months). If the user wishes to access the paid service immediately, they may waive the right of withdrawal by checking the “Waive withdrawal” box, which enables immediate access upon payment.
  
  (5) The Provider may exclude certain payment methods in individual cases.
  
  (6) If the Customer selects an online payment method, they authorize the Provider to collect the amount due at the time of order.
  
  (7) If payment by credit card is offered and chosen, the Customer expressly authorizes the Provider to collect the amount due.
  
  (8) Payments may be made using the following methods:
  

  • Credit card
  • Instant transfer (Sofortüberweisung)
  • PayPal
• 2.2.4 Registration and Termination
  
  (1) Users may deregister at any time without stating a reason, either in writing by post or e-mail. They may also deactivate their account independently via their profile settings. The contractual relationship thereby ends. However, the user remains obligated to pay the full contractual fee and is not entitled to a proportional refund for any unused period.
  
  (2) Users subscribed to a paid service may cancel up to 30 days before the renewal date. If this deadline is missed, the service automatically renews for the booked period, and the cancellation takes effect only at the end of the following term. Cancellations may be submitted by e-mail or post and will be confirmed in writing. To ensure correct assignment, cancellations should include the Customer’s full name, registered e-mail address, and postal address.
  
  (3) The Institut für Seltene Erden und Metalle AG may terminate the contract at its sole discretion, with or without prior notice, and without providing reasons. It may also remove user profiles or content from the website. If registration or content is terminated or removed, the Institute has no obligation to inform the user of the reason. Any unused prepaid period will be refunded on a pro-rata basis.
  
  (4) Upon termination of any individual use of the Institute’s services, the Institut für Seltene Erden und Metalle AG, reserves the right to inform other registered users who may have been in contact with the user. Such a decision does not imply any statement about the user’s character, reputation, personal traits, or lifestyle.
  
  (5) Users are required not to provide any false or fraudulent information in their profile or elsewhere on the platform. Such behavior may result in civil legal action and immediate termination of the contract by the Provider.
  
  (6) If access is blocked or the contract terminated due to a breach of duty attributable to the user, the user must compensate the Provider for the agreed fee, less saved expenses. Saved expenses are assumed to amount to 10% of the fee, unless either party proves that the actual amount is higher or lower.
  
  (7) Upon termination of the contractual relationship, all user data will be deleted by the Institut für Seltene Erden und Metalle AG.
• 2.2.5 Limitation of Liability
  
  (1) The Institut für Seltene Erden und Metalle AG assumes no responsibility for the content or accuracy of registration or profile information provided by users, nor for user-generated content.
  
  (2) Contracts concerning the services offered or requested are concluded solely between the respective users. The Institut für Seltene Erden und Metalle AG shall not be liable to third parties in any way arising out of such relationships. All matters concerning the relationship between users, including services received or payments owed, must be settled directly between them. The Institut für Seltene Erden und Metalle AG explicitly disclaims all liability of any kind, including direct or indirect damages, whether known or unknown, suspected or unsuspected, arising in connection with such interactions.
  
  (3) For other damages not involving the breach of cardinal obligations (i.e. essential contractual duties whose fulfillment enables the proper performance of the contract and upon which the Customer may regularly rely), ISE AG shall only be liable for willful misconduct or gross negligence by ISE AG, its legal representatives, or agents.
  
  (3.1.) Price information for rare earths and metals is compiled by the Provider to the best of its knowledge and belief. The Customer acknowledges that there are no official market or exchange prices for these commodities and that the Provider relies on sources deemed reliable. The Provider assumes no liability for the accuracy of such price information.
  
  (3.2.) aluations of rare earths and metals commissioned by Customers are, unless otherwise agreed in writing, based on the prices of minimal sale quantities, regardless of the amount of material appraised.
  
  (4) Claims for damages are limited to foreseeable, typical contractual damages, excluding indirect or consequential losses. In the event of default, liability is limited to 5% of the order value.
  
  (5) VTypical contractual claims for damages expire after one year, beginning at the end of the year in which the claim arose and the creditor became aware (or should have become aware without gross negligence) of the circumstances giving rise to the claim and the identity of the debtor.
  
  (6) The Provider reserves the right to review user-generated texts and uploaded files for legal compliance and to delete them, in whole or in part, if necessary.

4. Right of Withdrawal

• 4.1 If the purchaser is a consumer, they have a right of withdrawal in accordance with the following provisions:
• 4.2 Right of Withdrawal
  You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
  The withdrawal period for services is fourteen (14) days from the day the contract is concluded.
  
  To exercise your right of withdrawal, you must inform us at:
  
  ISE Institut für seltene Erden und Metalle AG
  Furrengasse 21
  6004 Luzern 
  Schweiz
  This email address is being protected from spambots. You need JavaScript enabled to view it.
  
  by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. If you use this option, we will immediately (for example, by email) send you a confirmation of receipt of such a withdrawal.
  
  To meet the withdrawal deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
• 4.3 Consequences of Withdrawal
  If you withdraw from this contract, we shall reimburse you for all payments we have received from you without undue delay and no later than fourteen (14) days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.
  The right of withdrawal expires upon your first login.
• 4.4 Exceptions to the Right of Withdrawal
  The right of withdrawal does not exist or expires for the following contracts: for services, if ISE Institut für Seltene Erden und Metalle AG has fully performed the service and you have, prior to placing your order, acknowledged and expressly agreed that performance of the service may begin before the withdrawal period expires and that you lose your right of withdrawal once the contract has been fully performed.

5. Data Protection

• 5.1 If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We further commit not to disclose any data to third parties unless you have given your explicit consent beforehand.
• 5.2 We would like to point out that data transmission over the internet (e.g. via email) may be subject to security vulnerabilities. Therefore, complete and uninterrupted protection of data from access by third parties cannot be fully guaranteed. Liability on our part in this regard is excluded.
• 5.3 Third parties are not permitted to use contact details for commercial purposes unless the provider has previously granted written consent to the persons concerned.
• 5.4 You have the right at any time to obtain full and free information from the Institut für Seltene Erden und Metalle AG regarding the personal data stored about you.
• 5.5 Furthermore, you have the right to request the correction, deletion, or restriction of the processing of your data.
• 5.6 Further details regarding data protection can be found in our separate Privacy Policy.