Withdrawal information
These notices are addressed to consumers within the meaning of § 13 BGB. Businesses and corporate clients have no statutory right of withdrawal under the provisions on distance contracts for financial services.
Right of withdrawal
You may withdraw your contractual declaration within 14 days without stating reasons by means of an unequivocal statement. The period begins after receipt of this instruction on a durable medium, but not before conclusion of the contract and not before fulfilment of our information duties pursuant to Artikel 246b § 2 Absatz 1 in conjunction with Artikel 246b § 1 Absatz 1 EGBGB. To meet the withdrawal deadline it is sufficient to send the withdrawal in good time, provided the declaration is made on a durable medium.
Start of the period (receipt)
What is decisive is receipt of the binding withdrawal information together with the prescribed information on a durable medium. Technically we establish receipt as soon as the receiving mail server has accepted your message. Pre-contractual dispatch before completion of identification does not start the period running.
Addressee of the withdrawal
ZUWAX Asset Management GmbH, Kurfürstendamm 177, 10707 Berlin, e-mail [email protected].
Consequences of withdrawal
In the event of a valid withdrawal, the services received by both parties must be returned. You are obliged to pay compensation for value for the service rendered up to withdrawal if, before submitting your contractual declaration, you were informed of this legal consequence and expressly agreed that we may begin performing the service before the end of the withdrawal period. If an obligation to pay compensation for value exists, this may mean that you must still fulfil the contractual payment obligations for the period until withdrawal. Your right of withdrawal expires prematurely if the contract has been fully performed by both sides at your express request before you have exercised your right of withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you upon dispatch of your withdrawal declaration, and for us upon its receipt.
Particularities in securities services
The right of withdrawal does not apply to contracts for the provision of financial services whose price depends on fluctuations in the financial market which the trader cannot influence and which may occur within the withdrawal period, provided you have expressly agreed that we begin performance before the withdrawal period expires. This statutory exclusion is formulated in general terms and is not regulated differently on a product-specific basis.
No new start of the period for a mere IBAN correction
If we correct a custody-account IBAN (transposed digits) without a change in partner bank, investment amount, target return or term, this does not constitute new pre-contractual information pursuant to Art. 246b EGBGB. The withdrawal period does not restart as a result. A substantively new investment contract (different solution, different partner bank, different terms, prolongation into a new term) gives rise to its own, independent withdrawal period.
Model withdrawal form
If you wish to withdraw from the contract, you may send us a clear statement (e.g. by e-mail). You may use the following model, which is not mandatory:
To ZUWAX Asset Management GmbH, Kurfürstendamm 177, 10707 Berlin, [email protected]: I hereby withdraw from the contract I concluded for the provision of the following service: … Ordered on / received on: … Name of the consumer: … Address of the consumer: … Signature (only if notified on paper): … Date: …