Terms and Conditions

CONTRACTUAL PARTNERS

Based on these General Terms and Conditions (GTC), a contract is concluded between the customer and

Fenstergigant.de e.K.
Represented by Bassel Hassoun
Address: Siemensstraße 2 28857 Syke
Email address: info@fenstergigant.net
Commercial Register: Amtsgericht Walsrode
Commercial Register Number: HRA 202785
VAT ID number: DE189922589

hereinafter referred to as the provider.

SUBJECT OF THE CONTRACT
This contract 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.

FUNDAMENTAL PROVISIONS
The following terms and conditions apply to contracts concluded between you and us as the provider Fenstergigant.net via the website www.fenstergigant.net. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

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

The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.

For offer requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, 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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) 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), you will either be directed 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 will make the corresponding selection or entry of your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed as an order overview.

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

PRICES, SHIPPING COSTS, RETURN COSTS
All prices are final prices and include the statutory value added tax. In addition to the final prices, further costs will be incurred depending on the shipping method, which will be displayed before the order is sent. If there is a right of withdrawal and this is exercised, the customer bears the costs of the return shipment. For every order, we send an invoice in digital or paper form. Subsequent changes to the invoice data are not possible due to the VAT Implementation Ordinance (UstDV). For buyers from other European countries, a purchase without German VAT is only possible if you explicitly submit this in writing by email with all necessary documents and your valid European tax ID before the purchase. A subsequent correction of the invoice is not possible. The seller is entitled to charge a flat-rate fee of €20 per order for cutting long goods (such as guide rails, strips, chamber profiles, covers, profiles, steel shafts, shafts, weatherstrips, etc.) that are cut to the customer's measurements.

TERMS OF PAYMENT
The customer has only the following payment options: PayPal, Mastercard, VISA, American Express, Klarna, and prepayment (bank transfer). If payment by bank deposit / bank transfer has been selected, the amount must be transferred to the specified account within 5 working days. The order will only be dispatched after payment has been received. If no payment is received within 5 working days, the order will be cancelled. There is no subsequent claim to the ordered goods. Other payment methods are not offered and will be rejected. If the payment is reversed at a later date by your card provider, PayPal or Klarna (due to insufficient funds, objection, etc.), the incurred return debit fees plus processing costs will be charged to the buyer.

If a payment method offered via "PayPal" / "PayPal Checkout" is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use further payment services; insofar as special payment conditions apply, you will be separately informed of these. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

RETURNS
In accordance with our cancellation policy, we accept the legal requirements and deadlines for the return of items or withdrawal from the concluded purchase contract as described in our cancellation policy. Excluded are items that have been ordered according to customer-specific requirements (dimensions, colors) or are special orders. Items such as guide rails, strips, profiles, extensions, steel shafts, roller shutter curtains, round shafts, rails, glazing beads, weatherstrips, and safety-relevant items such as fall arresters are excluded from return. Only products that are unused, undamaged, in their original undamaged product packaging, and with all supplied accessory items such as screws, operating instructions, brackets, cables, etc., will be accepted. Returns from non-consumers or customers not residing in the EU may be refused by the seller. For returns made where the purchase contract has not been revoked 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 who are not from the EU, it must be noted that the shipping costs and import customs duties must be borne by the customer. The customer must ensure that the customs duties have been fully paid to the main customs office before returning goods. For unjustified or unregistered returns, the seller is entitled to charge costs for effort and processing. You can find the current prices in our overview of additional services. For unjustified returns not collected by the buyer, storage costs of 2% of the gross value of the item per calendar day can be charged from the 14th calendar day after delivery of the return. We reserve the right to refuse acceptance of items that are not properly packaged in a shipping carton or outer carton, items that are not sufficiently protected, in the pure original product carton, or show external damage upon delivery by your parcel service.

WHEN PURCHASING BLIND FRAMES, EXTENSIONS, STEEL SHAFTS, ROUND SHAFTS, STRIPS, ROLLER SHUTTER CURTAINS, GLAZING BEADS, WEATHERSTRIPS, PROFILES, RAILS, WINDOW SILLS, GUIDE RAILS, AND OTHER LONG GOODS
Please note when ordering that the selected blind frame extensions, steel shafts, round shafts, window sills, strips, rails, profiles, weatherstrips, chamber profiles, angles, guide rails, and other long goods are custom-made for you from 6m long rails according to customer specifications and are therefore excluded from exchange and return.

WHEN PURCHASING WINDOW AND DOOR FITTINGS
The installation of fittings on windows and doors must be carried out by qualified specialist personnel to exclude damage to the fitting, window or door, or dangers to the user. Installation by unauthorized persons leads to loss of warranty.

WHEN PURCHASING DRIVES, MOTORS, TRANSMITTERS, RECEIVERS, REMOTE CONTROLS, SWITCHES, SMART HOME SOLUTIONS, ELECTRONIC BELT WINDERS, ANTI-ROLL-OFF DEVICES AND FALL ARRESTERS
Please observe the manufacturer's instructions for the installation of motors and drives, electronic belt winders and fall arresters. Roller shutter, awning and roller door motors as well as electronic belt winders and fall arresters that have already been put into operation, installed or used are excluded from return or exchange. Only items in their original packaging, including supplied accessories and undamaged original product packaging, can be returned within the statutory warranty period. To maintain the warranty claim, we point out that the installation of the above-mentioned product groups must only be carried out by qualified specialist personnel to exclude damage or dangers for the user. Installation by unauthorized persons leads to loss of warranty.

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

• is not or was not operated according to specifications
• is damaged or destroyed by force majeure or environmental influences (frost, overvoltage, inadmissible media)
• was connected to the power supply by certified personnel
• was damaged by improper handling, in particular non-observance of the operating and installation instructions or by neglected maintenance
• was opened or repaired by unauthorized workshops, the buyer or another person, see safety instructions
• shows external mechanical damage of any kind, applications of force, damage due to installation, external influences or foreign objects (e.g. sand or stones)
• has a manipulated, removed or illegible type plate
• was reported as stolen
• was used as third-party accessories in a system for which no written authorization from our technical department is available

Should the purchased item have been manipulated, defective due to a short circuit or due to faulty operation, application, and installation attributable to the buyer, no warranty or guarantee claim can be made. We expressly point out again that electrical products may only be installed, de-installed, and uninstalled by certified personnel (such as electricians with the corresponding qualified performance certificates). If the product has not been installed, de-installed, or uninstalled by certified specialist personnel, the warranty claim or guarantee claim is generally void. If items that are defective are returned, but have no defect or a defect caused by improper installation or assembly, or have been manipulated by the buyer, all costs such as shipping costs from the buyer to the dealer, dealer to the manufacturer, manufacturer to the dealer, processing fees of up to 150 euros will be charged separately.

WHEN PURCHASING TILE ADHESIVE AND BAGGED GOODS
Please note that items in bags, such as tile adhesive, will only be taken back in their original, unopened condition. Opened or damaged goods are excluded from return!

DELIVERY CONDITIONS
The goods will be dispatched immediately after confirmed receipt of payment and if in stock. Shipping usually takes place no later than 3 working days if the goods are in stock. The provider will either ship the order from its own warehouse as soon as the entire order is in stock there, or the order will be shipped by 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 hindrance, in particular force majeure or non-delivery by its own supplier, although a corresponding covering transaction was concluded in good time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and received services, in particular payments, will be refunded. The stated delivery times are not binding delivery times or delivery dates. The buyer is obliged to immediately check the goods for completeness, external damage and defects upon receipt by the carrier or parcel service and, if there is a complaint, to inform the seller in writing by email without delay. If the buyer does not comply with this obligation, a later complaint is excluded. If the customer is outside the Federal Republic of Germany, any customs duties and import duties may also arise. These must be borne by the customer. The customer must ensure that his name is clearly displayed on the letterbox and doorbell. Attaching the name to the letterbox or doorbell with adhesive tape from the outside can lead to the shipment being returned to the provider as undeliverable. The resulting return costs are borne by the customer. If the customer does not accept the shipment from the carrier or parcel service, does not pick it up from the storage facility if not met, and allows the storage period to expire, refuses acceptance of the order, or if the order cannot be delivered due to an incorrect or missing address or name, and the shipment is subsequently returned to the provider, the provider has the right to charge the customer for the return costs from the carrier or parcel service. A refund of the original shipping costs from the provider to the customer is forfeited. A refund of the ordered goods will be made, deducting the aforementioned return costs and shipping costs, to the originally selected payment method. In the event of a complaint, damage or defects to the outer packaging must be noted directly with the transport company in writing with the carrier by the delivery person and the provider must be informed thereof. Please send us meaningful photos of the packaging, damaged goods and, if available, the delivery note to info@fenstergigant.net

DISCLAIMER
Claims for damages by the customer are excluded, unless otherwise stated below. This also applies to the provider's representative and vicarious agents if the customer asserts claims for damages against them. Excluded are customer claims for damages due to injury to life, body, health, or essential contractual obligations that 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 agent. Product descriptions are taken from the manufacturer. We assume no guarantee of accuracy. Product images are from the manufacturer and represent a similar depiction of the product. There may be color deviations and deviations in the design. We assume no guarantee of the accuracy of the images.

WARRANTY

The statutory liability for defects applies.

As a consumer, you are requested 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 characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements made by the manufacturer.

In the event of defects, we shall, at our discretion, provide a warranty by rectification or replacement delivery. If the rectification fails, you may, at your option, demand a reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless otherwise specified by the nature of the goods or the defect or other circumstances. In the event of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.

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

- for damages culpably caused by us due to injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.

LANGUAGE, JURISDICTION AND APPLICABLE LAW / PROHIBITION OF ASSIGNMENT AND PLEDGING
Until full payment, the delivered goods remain the property of the provider. Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has proven a legitimate interest in the assignment or pledging.

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

The goods remain our property until full payment of the purchase price.

If you are an entrepreneur, the following additional terms apply:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or collateral assignment is not permitted before ownership of the reserved goods has passed.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims amounting to the invoice total that accrue to you from the resale, and we accept this assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to 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 claim to be secured by more than 10%. The choice of securities to be released is at our discretion.

The contract will be drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies insofar as no statutory provisions of the state in which the customer has their domicile or habitual residence are restricted thereby. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

CHOICE OF LAW, PLACE OF PERFORMANCE, JURISDICTION

German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, unless you are a consumer but rather 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 domicile or habitual residence is unknown at the time the action is filed. The right to appeal to a court in another statutory place of jurisdiction remains unaffected by this.

The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

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

SEVERABILITY CLAUSE
The invalidity of a provision of these General Terms and Conditions does not affect the validity of the other provisions.