Terms and Conditions

CONTRACTUAL PARTNER

On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and

Fenstergigant.de eK
Represented by Bassel Hassoun
Address: Siemensstraße 2 28857 Syke
Email address: info@fenstergigant.net
Commercial Register: Walsrode District Court
Commercial registration number: HRA 202785
VAT identification number: DE189922589

hereinafter referred to as the provider, the contract is concluded.

SUBJECT OF THE CONTRACT
This agreement governs the sale of new goods through the provider's online shop. For details of the respective offer, please refer to the product description on the offer page.

BASIC PROVISIONS
The following terms and conditions apply to contracts that you conclude with us as the provider Fenstergigant.net via the website www.fenstergigant.net. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.

A consumer, as defined below, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The contract language is German.

We do not save the full contract text. Before submitting your order via the online shopping cart system, you can print out the contract details using your browser's print function or save them electronically. Once we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

For quote requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

CONCLUSION OF THE CONTRACT
The subject of the contract is the sale of goods.

By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" and make changes there at any time using the corresponding button in the navigation bar. After clicking the "Checkout" or "Continue to Order" button (or similar name), and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser), or cancel the order.

PRICES, SHIPPING COSTS, RETURN COSTS
All prices are final prices and include statutory sales tax. In addition to the final prices, further costs may apply depending on the shipping method, which will be displayed before the order is dispatched. If a right of withdrawal exists and this is used, the customer bears the return costs. We send a digital or paper invoice for each order. Subsequent changes to the invoice details are not possible due to the Sales Tax Implementation Ordinance (UstDV). For buyers from other European countries, a purchase without German sales tax is only possible if you expressly submit this in writing by email before purchase, including all necessary documents and your valid European Tax ID. Subsequent corrections to the invoice are not possible. The seller is entitled to charge a flat rate surcharge of € 20 per order for the cutting of long goods (such as guide rails, strips, chamber profiles, panels, profiles, steel shafts, shafts, weatherboards, etc.) that are cut to the customer's dimensions.

PAYMENT TERMS
The customer has the following exclusive payment options: PayPal, Mastercard, VISA, American Express, Klarna, and advance payment (bank transfer). If the payment method is bank deposit/bank transfer, the amount must be transferred to the specified account within 5 business days. The order will only be shipped after receipt of payment. If payment is not received within 5 business days, the order will be canceled. There is no subsequent claim to the ordered goods. Other payment methods are not offered and will be rejected. If the payment is later reversed by your card provider, PayPal, or Klarna (due to insufficient funds, objection, etc.), the resulting chargeback fees plus processing costs will be charged to the buyer.

If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

RETURN
In accordance with our cancellation policy, we accept the statutory requirements and deadlines for the return of items or the withdrawal from the concluded purchase contract as described in our cancellation policy. Items ordered according to customer-specific requirements (dimensions, colors) are excluded. Items such as guide rails, strips, profiles, extensions, steel shafts, roller shutter curtains, round shafts, rails, weather strips are not returnable, as are safety-relevant items such as safety catches. Only products that are unused, in original, undamaged product packaging and with all supplied accessories such as screws, operating instructions, brackets, cables, etc. will be accepted. The seller can refuse to take back returns from non-end users or customers who are not based in the EU. For returns made where the purchase contract has not been canceled in writing, the seller reserves the right to retain the shipping costs for the outward shipment. The buyer bears the shipping costs for the return shipment. For customers outside the EU, please note that shipping costs and import customs duties are the responsibility of the customer. Returns will only be accepted if the customs duties have been paid in full to the main customs office.

WHEN PURCHASING FRAMES, EXTENSIONS, STEEL SHAFTS, ROUND SHAFTS, STRIPS, ROLLER SHUTTER SHROUD, PROFILES, RAILS AND GUIDE RAILS
When ordering, please note that the selected frame extensions, steel shafts, round shafts, strips, rails and guide rails are made to measure for you from 6m long rails according to customer specifications and are therefore excluded from exchange and return.

WHEN BUYING WINDOW AND DOOR FITTINGS
The installation of hardware on windows and doors must be carried out by qualified personnel to prevent damage to the hardware, the window, or the door, and to prevent any danger to the user. Installation by unauthorized personnel will void the warranty.

WHEN PURCHASING DRIVES, MOTORS, TRANSMITTERS, RECEIVERS, REMOTE CONTROLS, SWITCHES, SMARTHOME SOLUTIONS, ELECTRONIC BELT WINDER, UNROLL-OFF SYSTEMS AND SAFETY DEVICES
Please follow the manufacturer's instructions for installing motors and drives, electronic belt winders, and safety catches. Roller shutter, awning, and roller door motors, as well as electronic belt winders and safety catches that have already been commissioned, installed, or used, can only be returned if they are unused and in their original packaging, including the supplied accessories, within the statutory warranty period. To protect your warranty claim, we point out that the installation of the above-mentioned product groups may only be carried out by qualified personnel to prevent damage or danger to the user. Installation by unauthorized persons will void the warranty.

Warranty claims and guarantee claims cannot be considered if the warranty item:

• is not or has not been operated according to specifications
• is damaged or destroyed due to force majeure or environmental influences (frost, overvoltage, unacceptable media)
• Was connected to the power supply by certified personnel
• has been damaged by improper handling, in particular failure to follow the operating and installation instructions or failure to maintain
• has been opened or repaired by unauthorized workshops, the buyer or any other person, see safety instructions
• external mechanical damage of any kind, use of force, damage caused by installation, external influences or foreign bodies (e.g. sand or stones) are present
• has a manipulated, removed or illegible type plate
• were reported stolen
• has been used as a third-party accessory in a system for which no written approval from our technical department has been obtained

If the purchased item has been tampered with through the buyer's fault, has become defective due to a short circuit, or has been defective due to incorrect operation, use, or installation, no warranty or guarantee claim is valid. We would like to expressly point out again that installation, disassembly, and final assembly of electrical products may only be carried out by certified personnel (such as electricians with the appropriate qualified performance certificates). If the product has not been installed, disassembled, or finally assembled by certified personnel, the warranty or guarantee claim is generally void. If items are returned defective and are not defective, or if the defect was caused by improper installation or assembly, or if they have been tampered with by the buyer, all costs such as shipping costs from the buyer to the dealer, dealer to the manufacturer, manufacturer to the dealer, and processing costs of up to 150 euros will be invoiced separately.

WHEN BUYING TILE ADHESIVE AND BAGGED GOODS
Please note that items in bags, such as tile adhesive, can only be returned if they are in their original, unsealed condition. Opened or damaged items are not eligible for return!

DELIVERY CONDITIONS
The goods will be dispatched immediately after confirmed receipt of payment and if in stock. Dispatch takes place on average within 3 working days at the latest if the goods are in stock. The provider will ship the order either from its own warehouse as soon as the entire order is in stock there, or the order will be dispatched from the manufacturer as soon as the entire order is in stock there. Delivery is to the curb. The customer will be informed immediately of any delays. If the provider is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by its own suppliers, despite a corresponding hedging transaction having been made in a timely manner, the provider has the right to withdraw from the contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded. If the customer is located outside the Federal Republic of Germany, additional customs fees and import duties may also arise. These are to be borne by the customer. The customer must ensure that their name is clearly written on the mailbox and doorbell. Attaching the name to the mailbox or doorbell with an adhesive strip from the outside can result in the shipment being returned to the provider as undeliverable. The customer is responsible for any resulting return costs. If the customer does not accept the shipment from the freight forwarder or parcel service, does not collect it from the storage location if they are not there, and allows the storage period to expire, or if the order cannot be delivered due to an incorrect or missing address or name, or if the shipment is subsequently returned to the provider, the provider has the right to charge the customer for the return costs from the freight forwarder or parcel service. These currently amount to €9.90 within Germany and between €29.90 and €89.90 for shipments outside Germany. For pallet shipments, the cost within Germany is €159.95. There will be no refund of the original shipping costs from the provider to the customer. The ordered goods will be refunded less the above-mentioned return costs and shipping costs based on the originally selected payment date. In the event of a complaint, any damage or defects to the outer packaging must be noted in writing by the delivery person directly to the transport company and the seller must be notified. Please then send us clear photos of the packaging, damaged goods, and, if available, the delivery receipt to info@fenstergigant.net.

DISCLAIMER
Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or material contractual obligations which must necessarily be fulfilled to achieve the contractual objective. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agents. Product descriptions are provided by the manufacturer. We assume no liability for accuracy. Product images are provided by the manufacturer and depict a similar image of the product. Color deviations and deviations in design may occur here. We assume no liability for the accuracy of the images.

WARRANTY

The statutory liability for defects applies.

As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.

In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless otherwise indicated by the nature of the goods or the defect or other circumstances. In the event of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

The warranty period is one year from delivery of the goods. This reduction does not apply:

- damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

LANGUAGE, JURISDICTION AND APPLICABLE LAW / PROHIBITION OF ASSIGNMENT AND PLEDGE
The delivered goods remain the property of the provider until full payment has been made. Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.

You can only exercise a right of retention if the claims arise from the same contractual relationship.

The goods remain our property until the purchase price has been paid in full.

If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoiced amount, and we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

The contract is drawn up in German. The further execution of the contractual relationship will be conducted in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this applies only to the extent that it does not restrict the legal provisions of the country in which the customer has their place of residence or habitual abode. For disputes with customers who are not consumers, legal entities under public law, or special funds under public law, the place of jurisdiction is the registered office of the provider.

CHOICE OF LAW, PLACE OF PERFORMANCE, JURISDICTION

German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (favorability principle).

The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another legal place of jurisdiction remains unaffected.

The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

ALTERNATIVE DISPUTE RESOLUTION
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board

SALVATION CLAUSE
The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.

last updated: 06.09.2025