Terms and Conditions

CONTRACTUAL PARTNERS

Based on these General Terms and Conditions (GTC), the 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 identification 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 that you conclude with 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 used by you is contradicted.

A consumer, within the meaning of the following provisions, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding 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 store the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance 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 the context 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" 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) as a payment method, 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, the order data 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 the order, you have the option to review 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 VAT. In addition to the final prices, additional costs apply depending on the shipping method, which will be displayed before the order is sent. If there is a right of withdrawal and it is exercised, the customer bears the costs of the return. For every order, we send an invoice in digital or paper form. A subsequent change to the invoice data is not possible due to the VAT Implementation Regulation (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 surcharge 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.

PAYMENT TERMS
The customer has exclusively the following payment options: paypal, Mastercard, VISA, American Express, Klarna and advance payment (bank transfer). Should the payment method be bank deposit / bank transfer, the amount must be transferred to the specified account within 5 working days. Only after receipt of payment will the order be shipped. 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. Should the payment be debited back by your card provider, paypal or Klarna at a later date (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 carried out 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" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be informed of these separately. 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 articles or the withdrawal from the concluded purchase contract as described in our cancellation policy. Excluded are articles that have been ordered according to customer-specific requirements (dimensions, colors). Articles such as guide rails, strips, profiles, widenings, steel shafts, roller shutter curtains, round shafts, rails, weatherstrips are excluded from return, as are safety-relevant articles such as fall arrest devices. Only products that are unused, undamaged, in original undamaged product packaging, and with all delivered accessory items such as screws, operating instructions, brackets, cables, etc., are accepted. Returns from non-consumers or customers not resident 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 shipping costs for the return shipment are borne by the buyer. 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 his name is clearly affixed to the mailbox and doorbell. Attaching the name to the mailbox 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 location if not found, and allows the storage period to expire, 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. These currently amount to €9.90 within Germany and between €29.90 and €89.90 for shipments outside Germany. For pallet shipments, the costs within Germany amount to €159.95. A refund of the original shipping costs from the provider to the customer is excluded. A refund of the ordered goods will be made minus 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 by the delivery person to the carrier, and the provider must be informed. Please send us meaningful photos of the packaging, damaged goods, and if available, the delivery receipt to info@fenstergigant.net

WHEN PURCHASING BLIND FRAMES, WIDENINGS, STEEL SHAFTS, ROUND SHAFTS, STRIPS, ROLLER SHUTTER CURTAINS, PROFILES, RAILS AND GUIDE RAILS
Please note when ordering that the selected blind frame widenings, steel shafts, round shafts, strips, rails and guide rails 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 personnel to prevent 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-FALL DEVICES AND FALL ARREST SYSTEMS
Please note the instructions provided by the manufacturer for the installation of motors and drives, electronic belt winders and fall arrest systems. Roller shutter, awning, and roller door motors that have already been put into operation, installed, or used, as well as electronic belt winders and fall arrest systems, can only be returned in unused, undamaged, and original packaging, including all supplied accessories, 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 personnel to prevent damage or dangers to the user. Installation by unauthorized persons leads to loss of warranty.

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

• is or was not operated according to specifications
• is damaged or destroyed by force majeure or environmental influences (frost, overvoltage, inadmissible media)
• Has been connected to the power supply by certified personnel
• is damaged due to improper handling, in particular non-observance of the operating and installation instructions or due to neglected maintenance
• has been 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 bodies (e.g., sand or stones)
• has a manipulated, removed, or illegible type plate
• has been reported stolen
• has been used as an accessory in a system for which no written approval from our technical department is available

Should the purchased item have been manipulated due to the buyer's fault, defective due to a short circuit, or led to a defect due to incorrect operation, application, or installation, there is no warranty or guarantee claim. We expressly point out once again that for electrical products, installation, dismantling, and reassembly may only be carried out by certified personnel (such as electricians with the corresponding qualified performance certificates). If the product has not been installed, dismantled, or reassembled by certified personnel, the warranty claim or guarantee claim generally lapses. Should defective items have been returned that have no defect, or a defect due to 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, and processing costs of up to €150 will be charged separately.

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

DELIVERY CONDITIONS
The goods will be shipped immediately after confirmed payment receipt and if in stock. Shipping typically takes place within 3 working days at the latest if the goods are in stock. The provider either ships the order from its own warehouse as soon as the entire order is in stock there, or the order is 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 obstacle, 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 to that extent. The customer will be informed immediately and received services, in particular payments, will be refunded. The specified delivery times are not binding delivery times or dates. The buyer is obliged to immediately check the goods for completeness, external damage, and defects immediately upon receipt by the forwarding agent or parcel service, and if there is a complaint, to inform the seller in writing by email. 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 additionally arise. These are to be borne by the customer. The customer must ensure that his name is clearly affixed to the mailbox and doorbell. Attaching the name to the mailbox 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 forwarding agent or parcel service, does not pick it up from the storage facility if not found, and lets the storage period expire, 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 forwarding agent or parcel service. These currently amount to €9.90 domestically and between €29.90 and €89.90 for shipments outside Germany. For pallet shipments, the costs domestically amount to €159.95. A refund of the original shipping costs from the provider to the customer is excluded. A refund of the ordered goods will be made minus the above-mentioned return costs and shipping costs to the originally chosen 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 by the delivery person to the forwarding agent and the provider informed thereof. Please send us meaningful photos of the packaging, damaged goods, and if available, the delivery receipt to info@fenstergigant.net

DISCLAIMER OF LIABILITY
Claims for damages by the customer are excluded, unless otherwise stated for the reasons below. This also applies to the provider's representative and vicarious agents 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 essential contractual obligations that must necessarily be fulfilled to achieve the contract's 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 taken from the manufacturer. We assume no liability for their accuracy. Product images are from the manufacturer and represent a similar illustration of the product. Color deviations and deviations in execution may occur. We assume no liability for the accuracy of the images.

WARRANTY

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, notwithstanding the foregoing warranty provisions:

Only our own statements 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 of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances dictate otherwise. In the event of rectification, we shall not be obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the movement corresponds to the intended use of the goods.

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

- for culpably caused damages attributable to us resulting from injury to life, body or health and for 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 rights of recourse that you have against us in connection with defect rights.

LANGUAGE, JURISDICTION AND APPLICABLE LAW / PROHIBITION OF ASSIGNMENT AND PLEDGE
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 may only exercise a right of retention insofar as 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 applies additionally:

a) We reserve title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or chattel mortgaging is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the 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 and 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 due to us 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 will be drawn up in German. Further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this only applies insofar as no statutory provisions of the state in which the customer has his domicile or habitual residence are thereby restricted. 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 the business relationships existing with us, as well as 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 at another statutory place of jurisdiction remains unaffected by this.

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 dispute resolution proceedings before a consumer arbitration board.

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