General Terms and Conditions
These General Terms and Conditions (GTC) apply to the use of the ZUWAX online platform and to the financial services provided by ZUWAX Asset Management GmbH. Deviating terms of the client shall not apply unless we expressly agree to their application in writing.
1. Providers
The provider of the financial services and the party responsible for the content of this website is ZUWAX Asset Management GmbH, Kurfürstendamm 177, 10707 Berlin, e-mail [email protected].
ZUWAX Asset Management GmbH holds an authorisation from the Federal Financial Supervisory Authority (BaFin) for investment brokerage, investment advice, contract brokerage and financial portfolio management pursuant to § 15 Abs. 1 i. V. m. § 2 Abs. 2 Nr. 3, 4, 5 and 9 Wertpapierinstitutsgesetz (WpIG). The competent supervisory authorities are BaFin, Graurheindorfer Straße 108, 53117 Bonn, and Marie-Curie-Straße 24–28, 60439 Frankfurt am Main, as well as Deutsche Bundesbank, Wilhelm-Epstein-Straße 14, 60431 Frankfurt am Main. BaFin-ID 10147869, BAK-Nr. 147869.
2. Scope and contracting parties
These GTC apply to consumers and businesses. Where statutory provisions apply only to consumers (in particular the right of withdrawal for contracts concluded off-premises or at a distance), businesses are excluded from them.
The contractual partner of the arranged or managed investment is – depending on the solution – ZUWAX Asset Management GmbH and, where a custody account is opened, the respective partner bank / depositary with which the custody account is held in the client’s name.
3. Services
ZUWAX arranges and/or manages investment solutions (including Income/Cash Management, Wealth Management, Private Markets NXT and adviser-led PRO products). The specific services, costs, target returns, terms and liquidity rules follow from the respective product-related pre-contractual information and the parameters selected in the client portal.
The solutions offered are not bank deposits and not fixed-term deposits. Where investments are made in investment funds, the assets are held as segregated assets pursuant to § 92 of the Kapitalanlagegesetzbuch (KAGB): they are separated from the capital management company’s own assets and do not form part of its insolvency estate. There is no protection under the Einlagensicherungsgesetz (EinSiG) in the form of an information sheet for depositors.
4. Registration and identification
Use of the client portal requires registration, confirmation of the e-mail address and completion of the legally prescribed identification (GwG). The client warrants that the data provided are accurate and complete, and updates them without delay in the event of changes.
A securities account and a paying-in IBAN are opened only after identity verification has been completed and – where required – bank identification is available. ZUWAX may refuse to enter into or continue the business relationship if statutory obligations (in particular anti-money-laundering requirements) so require.
5. Communication, mailbox and durable medium
We communicate with you in German by e-mail and via the inbox in the client portal. Legally relevant documents (terms and conditions, privacy notices, product-related information, withdrawal information, custody confirmation) are provided as PDF on a durable medium: as an e-mail attachment and identically in the inbox. Each transmission stores the specific file bytes (checksum, version, time). Subsequent changes to the website version do not replace documents already sent.
6. Costs
Remuneration, agio, management and performance fees and other costs are set out in the product-related information of the respective solution. Where target returns are stated, they are – unless otherwise indicated – after the costs described therein and are not a guarantee.
7. Execution, custody and partner bank
The custody account and settlement account are held with a partner bank / depositary. The IBAN serves the processing of deposits and withdrawals; it is not part of the legally prescribed pre-contractual product information within the meaning of Art. 246b EGBGB. If ZUWAX corrects an incorrect IBAN without a change in product, partner bank, investment amount, target return or term, there is no new disclosure that restarts a withdrawal period.
8. Liability
ZUWAX is liable without limitation for intent and gross negligence as well as under the Product Liability Act and for damage arising from injury to life, body or health. In the event of slightly negligent breach of material contractual duties, liability is limited to the foreseeable, contract-typical damage. Otherwise, liability for slight negligence is excluded. The foregoing limitations do not apply where ZUWAX has acted with fraudulent intent or has assumed a guarantee.
Capital investments involve risks. The value of an investment may rise or fall. It is possible that you may suffer a loss of the invested capital. Historical performance, simulations or forecasts are not a reliable indicator of the future. Target returns are not a guarantee.
9. Term and termination
The user agreement for the client portal runs for an indefinite period and may be terminated by either side with two weeks’ notice in text form, unless product-related lock-up or minimum holding periods preclude this. For discretionary portfolio management and brokered investments, the terms, redemption windows and termination rules set out in the pre-contractual information apply. The right to terminate for cause remains unaffected. Statutory retention obligations (in particular GwG) remain in place after the end of the contract.
10. Right of withdrawal
Consumers have a right of withdrawal for financial services contracts concluded at a distance or off-premises. Details, the start of the withdrawal period and the model withdrawal notice are set out in the separate withdrawal information. Entrepreneurs have no statutory right of withdrawal.
11. Data protection
Information on the processing of personal data is contained in the privacy notice at https://www.zuwax.net/datenschutz. It forms part of the pre-contractual information.
12. Final provisions
The law of the Federal Republic of Germany shall apply. If the client is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin. Mandatory consumer-protection provisions at the consumer’s place of residence remain unaffected.
Should individual provisions be invalid, the remainder of the contract remains effective. ZUWAX may amend these AGB with effect for the future, provided the client is not unreasonably disadvantaged thereby; we will inform you of changes in text form. The version frozen at the time of a transmission remains authoritative for the document concerned.