The English version of these General Terms and Conditions is merely a courtesy translation. Only the German version is decisive for the legal effects between the parties.

1. Subject Matter

These General Terms and Conditions (hereinafter referred to as “GTC”) constitute the legal framework for the use of the website zincutec.eu as well as for all contracts between ZinCuTec GmbH, Siemensstraße 9-11, 72622 Nürtingen (hereinafter referred to as “ZinCuTec”) and the purchaser.

2. General Provisions

a) ZinCuTec offers goods for sale, in particular via an online shop on the website https://www.zincutec.eu/shop/ (hereinafter also referred to as the “shop”). The following GTC apply to both consumers and entrepreneurs (hereinafter collectively referred to as “customers”), unless the GTC are not explicitly addressed to consumers or entrepreneurs. The GTC apply to the business relationship between ZinCuTec and the customer in the version valid at the time of the order. ZinCuTec publishes the current version of the GTC on its website https://www.zincutec.eu/en/terms-and-conditions/. Before placing an order, the customer must confirm that they have expressly taken note of the GTC.

b) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneurs within the meaning of the GTC are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent pro-fessional activity.

c) Any deviating GTC of the customer as well as verbal agreements are only binding if they have been accepted in writing. The GTC shall also apply if ZinCuTec carries out the delivery without reservation in the knowledge of Terms and Conditions of the customer that conflict with or deviate from the GTC of ZinCuTec.

3. Prices and payment methods

All prices quoted are in euros, including the applicable statutory value added tax plus shipping costs. The following payment methods are available:

• Advance payment (bank transfer)
• PayPal
• Credit card (Visa, Mastercard)
• Instant transfer / Klarna
• Google Pay / Apple Pay
Further information on payment and shipping can be found on the respective products pages in the online shop.

4. Conclusion of contract

a) The products displayed in the shop do not constitute a legally binding offer, but rather a non-binding invitation to place an order. By submitting the order, the customer makes a binding offer to conclude a purchase contract. Receipt of the order is automatically confirmed by email. This confirmation does not yet constitute acceptance of the offer.

b) When paying in advance or by bank transfer, the purchase contract is only con-cluded when a separate email with an order confirmation is sent or when the goods are delivered within one week.

c) When paying by PayPal, Google Pay/Apple Pay, credit card, or instant trans-fer/Klarna, the contract is concluded as soon as the customer issues the pay-ment instruction. The condition for a valid conclusion of the contract is always that the ordering process is completed by submitting the order.

d) The customer also places a legally binding order when they order the goods by email or in any other written form. Unless otherwise stated in the order, ZinCuTec is entitled to accept this contractual offer within seven (7) days of its receipt. Acceptance can be declared either in writing (e.g., by order confirma-tion) or by delivery of the goods to the customer.

e) If the customer orders the goods electronically, the contract text will be stored by ZinCuTec and sent to the customer by email after conclusion of the contract, together with a reference to the legally binding GTC.

5. Delivery, retention of title, delivery time, force majeure

a) Unless otherwise agreed, delivery shall be made from the warehouse to the de-livery address specified by the customer. Shipping shall be carried out by DHL or a forwarding agent. For freight forwarding deliveries, access for a truck must be possible. If this is not the case, ZinCuTec reserves the right to charge additional costs for a second delivery attempt or for interim storage.

b) The delivered goods (reserved goods) remain the property of ZinCuTec until all claims arising from this contract have been paid in full. If the customer acts in breach of contract—in particular if they are in default of payment of the remu-neration owed—ZinCuTec shall be entitled to withdraw from the contract after setting a reasonable deadline for performance. If ZinCuTec takes back the goods subject to retention of title in transactions with entrepreneurs or in in-stallment transactions with consumers, this already constitutes a withdrawal from the contract. The customer shall bear the transport costs incurred for the return. ZinCuTec’s seizure of the goods subject to retention of title shall also constitute a withdrawal from the contract. ZinCuTec may sell the goods subject to retention of title that have been taken back. The proceeds of the sale shall be offset against the amounts owed by the customer to ZinCuTec after ZinCuTec has deducted a reasonable amount for the costs of the sale.

The customer must treat the goods subject to retention of title with care.

In the event of seizure of the goods subject to retention of title by third parties or other interventions by third parties, the customer must indicate ZinCuTec’s ownership and notify ZinCuTec immediately in writing so that ZinCuTec can enforce its property rights. If the third party is unable to reimburse ZinCuTec for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for these costs.

c) The delivery times stated are non-binding, unless a binding delivery time has been expressly agreed. Delivery times are usually 5 to 6 weeks. During the summer months and over the winter holidays, delivery times may be extended to 7 to 8 weeks.

d) For deliveries to non-EU countries, additional costs such as customs duties, taxes, or money transfer fees may apply, which are to be borne by the custom-er. This also applies to deliveries to EU member states if the payment was initi-ated from outside the EU.

e) If a binding delivery time is exceeded, the customer is obliged to grant a rea-sonable grace period.

f) The regular or binding delivery times specified by ZinCuTec shall be extended in the event of strikes and cases of force majeure for the duration of the delay. ZinCuTec shall inform the customer of this immediately. If the goods are still not available within the new delivery period due to a strike or a case of force majeure, ZinCuTec shall be entitled to withdraw from the contract in whole or in part; ZinCuTec shall immediately reimburse the customer for any consideration already paid. Cases of force majeure include, for example, war, pandemics, natural disasters, or any other extraordinary event beyond the company’s control caused by external forces of nature or the actions of third parties, which is unforeseeable according to human understanding and experience and cannot be prevented or rendered harmless by economically acceptable means, even with the utmost care.

g) The customer’s further legal claims and rights due to a delay in delivery by the company remain unaffected.

6. Shipping, transfer of risk, costs

a) For consumers, the risk of accidental loss and accidental deterioration of the goods sold in the case of mail order purchases is transferred to the consumer when the goods are handed over to them.

b) For entrepreneurs, the risk of accidental loss, accidental damage, or accidental loss of the delivered goods, insofar as ZinCuTec is responsible for shipping, is transferred to the entrepreneur upon delivery of the goods to the transport com-pany.

c) The handover is deemed to have taken place if the customer is in default of ac-ceptance.

d) If ZinCuTec is unable to deliver the goods ordered by the customer, either per-manently or temporarily, because ZinCuTec’s suppliers do not deliver the components or parts necessary for the manufacture of the ordered goods, ZinCuTec shall inform the customer of this immediately. Until the supplier has delivered to ZinCuTec, ZinCuTec shall be released from its obligation to perform, unless ZinCuTec is responsible for the non-delivery by the upstream supplier.

e) The shipping costs are clearly communicated to the customer in the shopping cart system and on the order page.

f) ZinCuTec delivers within the Federal Republic of Germany (mainland only, no islands) free of shipping costs. Delivery is made to the curbside. For other countries, such as Poland, Switzerland, and Austria, a flat rate of EUR 150.00 per product for freight shipments and EUR 30.00 per product for parcel shipments applies, unless otherwise indicated in the shopping cart or agreed with ZinCuTec.

7. Warranty, material properties, offsetting

a) Unless otherwise agreed in the GTC, the statutory warranty rights pursuant to §§ 434 ff. BGB (German Civil Code) apply.

b) The customer is obliged to check the goods for completeness and defects im-mediately upon receipt and to report any defects in writing without delay.

c) ZinCuTec products and goods are made of patinated copper, burnished brass, oxidized aluminum, and stainless steel. The surfaces of these metals develop individual color nuances through natural oxidation and refinement and may ex-hibit irregularities such as slight structural deviations, streaks, or iridescent color gradients. These characteristics do not constitute a defect, but are an ex-pression of the living material and its handcrafted processing. They give each piece its unique character.

d) Liability for material defects does not extend to normal wear and tear, improper handling or improper assembly/incorrect installation, external influences, or misuse of the goods. In this regard, we expressly refer to the instructions for proper handling provided with the delivery.

e) In the event of justified complaints or defects, the customer may choose be-tween repair or replacement. During the period of subsequent performance, the customer is not entitled to reduce the purchase price or withdraw from the contract. Subsequent performance shall be deemed to have failed after the second unsuccessful attempt. In this case, the customer may demand a reduction in price or withdraw from the contract.

f) If transport damage is apparent, ZinCuTec requests notification to shop@zincutec.eu within 24 hours. This notification is voluntary and has no in-fluence on the customer’s (statutory) (warranty) rights, but it helps ZinCuTec to assert any claims against the transport service provider.

g) If the contract is concluded with an entrepreneur, the following warranty rules apply in deviation from the above provisions:

i) In the event of a defect, ZinCuTec reserves the right to choose the type of subsequent performance. Entrepreneurs must notify ZinCuTec of obvious defects in the delivered goods immediately after inspecting the goods; otherwise, the assertion of warranty claims is excluded. Section 377 of the German Commercial Code (HGB) applies.

ii) Notwithstanding § 438 (1) No. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one (1) year from delivery. The limitation period shall not be shortened if ZinCuTec has fraudulently concealed the defect or in the case of claims for dam-ages by the entrepreneur based on intentional or grossly negligent conduct on the part of ZinCuTec or in which ZinCuTec acts with simple negligence and thereby injures the life, body, or health of the entrepreneur or which arise from the Product Liability Act. Other special statu-tory provisions on the statute of limitations (in particular § 438 (1) No. 1, §§ 444, 445b BGB) also remain unaffected.

h) If ZinCuTec is commissioned by the customer to manufacture and deliver cus-tomized goods in accordance with the specifications of the customer, the subsequent purchaser, or the recipient, such as drawings, samples, print tem-plates, or models, the customer shall guarantee that the manufacture and delivery do not infringe any third-party property rights. By concluding the purchase contract, the customer assures ZinCuTec that it will indemnify and hold harmless ZinCuTec from all claims by third parties for the infringement of property rights – in the case of consumers, however, only if they are responsible for the infringement of third-party property rights.

i) The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by ZinCuTec. A right of retention may only be exercised if the counterclaim is based on the same contractual relation-ship.

8. Disclaimer

a) ZinCuTec’s liability for breaches of contractual obligations and for tort is limited to intent and gross negligence.

b) The limitation of liability referred to in paragraph 1 does not apply to

i) injury to the life, limb, or health of the customer, or

ii) claims by the customer due to the breach of cardinal obligations, i.e., obligations arising from the nature of the contract and whose breach jeopardizes the achievement of the purpose of the contract. In this case, however, ZinCuTec’s liability is limited to compensation for fore-seeable, typically occurring damage.

In the aforementioned cases under i) and ii), ZinCuTec shall be liable for any degree of fault.

c) Furthermore, the limitation of liability in paragraph 1 shall not apply if a defect has been fraudulently concealed, a guarantee has been given for the quality of the goods, or claims by the customer under the Product Liability Act.

d) Insofar as the seller’s liability for damages is excluded, this also applies with regard to the personal liability for damages of ZinCuTec’s employees, workers, staff, representatives, and vicarious agents.

e) ZinCuTec shall not be liable for disruptions to the availability of zincutec.eu if these are beyond its control.

9. Data protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Detailed information on data processing, customer rights, and the legal basis can be found in our privacy policy.

10. Final provisions

a) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn. The provisions of the UN Convention on Contracts for the Interna-tional Sale of Goods do not apply.

b) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this con-tract is the court responsible for ZinCuTec’s place of business, unless an exclusive place of jurisdiction exists. However, ZinCuTec is also entitled to sue the merchant at the court of his place of residence or business. The jurisdiction based on an exclusive place of jurisdiction remains unaffected by this.

c) Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTC.

As of November 2025

Cancellation policy for consumers

The English version of this Cancellation policy for consumers is merely a courtesy translation. Only the German version is decisive for the legal effects between the parties.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any rea-son.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods or, in the case of partial deliveries, the last delivery, or, in the case of several items in separately delivered packages, fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform the seller,

ZinCuTec GmbH
Siemensstraße 9 – 11, 72622 Nürtingen
Email: kontakt@zincutec.eu
Phone: +49 (0)7022 – 26 20 03

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You may use the attached sample withdrawal form for this purpose, but this is not mandatory.

Consequences of withdrawal

If you withdraw from this contract, the seller shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the standard delivery offered by the seller), without delay and at the latest within fourteen days from the day on which the seller received notification of your withdrawal from this contract. For this refund, the seller will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. The seller may refuse to refund until they have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to immediately and in any case no later than fourteen days from the date on which you notify the seller of the cancellation of this contract. The dead-line is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not neces-sary for testing their condition, properties, and functionality.

Please note: You do not have the right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determi-nation by the customer is decisive or which are clearly tailored to the customer’s personal needs.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it to us)
To
ZinCuTec GmbH
Siemensstraße 9 – 11
72622 Nürtingen
Email: kontakt@zincutec.eu

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
(____________________________________________________________)
— Ordered on (_____________________) / received on (_____________________)
— Name of consumer(s)
(________________________________________________)
— Address of the consumer(s)
(______________________________________________)
— Signature of the consumer(s)
(____________________________________________)
— Date (_____________________)