Terms and Conditions

CONTRACT PARTNER

These General Terms and Conditions (GTC) govern the contractual relationship 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

The contract is concluded between the parties hereinafter referred to as the provider.

SUBJECT MATTER OF THE CONTRACT
This contract governs the sale of new goods via the supplier's online shop. For details of each 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 rejected.

For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

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

We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After 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 of the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by email, which you can print or save electronically.

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

By placing the respective product on our website, we are submitting a binding offer to you 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 items you intend to 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 wording) After entering your personal data and payment and shipping conditions, the order details will be displayed to you as an order summary.

If you choose to pay using an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken directly to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will need to make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary, either on the instant payment system provider's website 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 summary, 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 VAT. In addition to the final prices, further costs may apply depending on the shipping method; these will be displayed before the order is shipped. If a right of withdrawal exists and is exercised, the customer bears the costs of return shipping. We send an invoice with every order, either digitally or on paper. Subsequent changes to the invoice details are not possible due to the German VAT Implementation Ordinance (UstDV). For buyers from other European countries, a purchase without German VAT is only possible if you explicitly submit this request in writing via email before the purchase, including all necessary documents and your valid European VAT ID. Subsequent correction of the invoice is not possible. The seller is entitled to charge a flat fee of €20 per order for long goods (such as guide rails, strips, chamber profiles, covers, profiles, steel shafts, shafts, weatherstrips, etc.) that are cut to the customer's specifications.

PAYMENT TERMS
The customer has the following payment options only: PayPal, Mastercard, VISA, American Express, Klarna, and prepayment (bank transfer). If payment is made via bank deposit/bank transfer, the amount must be transferred to the specified account within 5 business days. The order will only be shipped after payment has been received. 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. Should the payment be reversed by your card issuer, PayPal, or Klarna at a later date (due to insufficient funds, dispute, etc.), the resulting chargeback fees plus processing costs will be billed to the buyer.

When selecting a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled 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 available via "PayPal" are 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 notified 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 returning items or withdrawing 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, tracks, and weatherstrips are also excluded from return, as are safety-relevant items such as catch devices. Only products that are unused, in their original undamaged packaging, and with all supplied accessories such as screws, operating instructions, brackets, cables, etc., will be accepted. The seller may refuse returns from non-consumers or customers residing outside the EU. For returns made without a written cancellation of the purchase contract, the seller reserves the right to retain the original shipping costs. The buyer is responsible for return shipping costs. Customers outside the EU are responsible for shipping costs and import duties. Returned goods will only be accepted if all customs duties have been paid in full to the customs office.

WHEN PURCHASING FRAMES, EXTENSIONS, STEEL Shafts, ROUND Shafts, STRIPS, ROLLER SHUTTER SLATS, PROFILES, RAILS AND GUIDE RAILS
Please note that when ordering, the selected frame extensions, steel shafts, round shafts, strips, rails and guide rails will be custom-made for you from 6m long rails according to customer specifications and are therefore excluded from exchange and return.

WHEN BUYING FITTINGS FOR WINDOWS AND DOORS
The installation of hardware components on windows and doors must be carried out by qualified professionals to prevent damage to the hardware, the window or door, or any hazards to the user. Installation by unauthorized persons will void the warranty.

WHEN PURCHASING DRIVES, MOTORS, TRANSMITTERS, RECEIVERS, REMOTE CONTROLS, SWITCHES, SMARTHOME SOLUTIONS, ELECTRONIC BELT REELS, ANTI-ROOF DEVICES AND TRAPS
Please observe the manufacturer's instructions for installing the motors and drives, electronic belt winders, and safety devices. Roller shutter, awning, and roller door motors, as well as electronic belt winders and safety devices, that have already been put into operation, installed, or used can only be returned within the statutory warranty period if they are unused, in their original packaging, and include all accessories. To preserve your warranty rights, we emphasize that the installation of the aforementioned product groups must be carried out by qualified personnel to prevent damage or hazards to the user. Installation by unauthorized persons will void the warranty.

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

• is not operated or was operated according to specifications
• damaged or destroyed by the influence of force majeure or environmental influences (frost, overvoltage, unsuitable media)
• The power connection was connected by certified personnel.
• has been damaged by improper handling, in particular failure to observe the operating and installation instructions or by neglected maintenance
• If the product has been opened or repaired by unauthorized workshops, the buyer, or any other person, see safety instructions.
• The product shows any kind of external mechanical damage, signs of violence, damage caused by installation, external influences or foreign objects (e.g. sand or stones).
• possesses a manipulated, removed or illegible type plate
• were reported stolen
• was used as third-party equipment in a system for which no written approval from our technical department exists.

If the purchased item has been tampered with, damaged by a short circuit, or defective due to improper operation, use, or installation, no warranty or guarantee claim is valid. We expressly point out once again that the installation, disassembly, and final assembly of electrical products may only be carried out by certified personnel (such as electricians with the appropriate qualifications). If the product has not been installed, disassembled, or final assembled by certified personnel, the warranty or guarantee claim is generally void. If items are returned as defective, or if the defect was caused by improper installation or assembly, or if the item has been tampered with by the buyer, all costs, including shipping costs from the buyer to the retailer, retailer to the manufacturer, manufacturer to the retailer, and processing fees of up to €150, will be invoiced separately.

WHEN BUYING TILE ADHESIVE AND BAGED GOODS
Please note that items packaged in bags, such as tile adhesive, can only be returned if they are in their original, unsealed condition. Opened or damaged goods are excluded from returns!

DELIVERY TERMS
The goods will be shipped immediately upon confirmation of payment and if in stock. Shipping typically occurs within 3 business days if the goods are in stock. The seller ships the order either from their own warehouse, as soon as the entire order is in stock there, or the order is shipped directly from the manufacturer, as soon as the entire order is in stock there. Delivery is made to the curb. The customer will be informed immediately of any delays. If the seller is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by their own supplier despite having entered into a corresponding hedging transaction in a timely manner, the seller has the right to withdraw from the contract with the customer to that extent. The customer will be informed of this immediately, and any payments received will be refunded. The buyer is obligated to inspect the goods immediately upon receipt from the carrier or parcel service for completeness, external damage, and product defects, and to inform the seller in writing via email if there are any complaints. If the buyer fails to comply with this obligation, any subsequent claims are excluded. If the customer is located outside of Germany, additional customs duties and import taxes may apply. These are the customer's responsibility. The customer is responsible for ensuring that their name is clearly displayed on the mailbox and doorbell. Affixing the name to the mailbox or doorbell with adhesive tape on the outside may result in the shipment being returned to the supplier as undeliverable. The customer is responsible for any resulting return shipping costs. If the customer does not accept the shipment from the carrier or parcel service, fails to collect it from the storage facility if they are not present, and allows the storage period to expire, and the order cannot be delivered due to an incorrect or missing address or name, and the shipment is subsequently returned to the supplier, the supplier has the right to invoice the customer for the return shipping costs charged by the carrier or parcel service. These costs currently amount to €9.90 within Germany and between €29.90 and €89.90 for shipments outside of Germany. For pallet shipments within Germany, the cost is €159.95. The original shipping costs from the supplier to the customer are non-refundable. A refund for the ordered goods, less the aforementioned return shipping costs and original shipping costs, will be issued to 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 driver directly at the shipping company, and the supplier must be informed. Please then send us clear photos of the packaging, damaged goods, and, if available, the delivery receipt to info@fenstergigant.net

DISCLAIMER
The customer's claims for damages are excluded unless otherwise stipulated below. This also applies to the supplier's representatives and agents if the customer asserts claims for damages against them. Excluded from this exclusion are claims for damages by the customer due to injury to life, body, or health, or due to the breach of essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract. This exclusion also does not apply to claims for damages resulting from gross negligence or willful misconduct on the part of the supplier or its legal representatives or agents. Product descriptions are provided by the manufacturer. We assume no liability for their accuracy. Product images are provided by the manufacturer and are intended to be a representative representation of the product. Color and design variations may occur. We assume no liability for the accuracy of the images.

WARRANTY

The statutory warranty rights apply.

As a consumer, you are requested to inspect 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 rights.

If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the 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 are considered agreed upon as the quality of the goods, not other advertising, public statements and pronouncements by the manufacturer.

In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a price reduction or withdraw from the contract. A remedy is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case 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, unless such transport is in accordance with the intended use of the goods.

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

- damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
- in the case of statutory recourse claims that you may 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 supplier until full payment has been received. Claims or rights of the customer against the supplier may not be assigned or pledged without the supplier's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.

You may only exercise a right of retention insofar as it relates to claims arising 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 ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.

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 up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables. However, if you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.

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

d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.

The contract is written in German. All further communication regarding the contractual relationship will be conducted in German. The laws of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only to the extent that it does not restrict any mandatory legal provisions of the state in which the customer has their residence or habitual abode. 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 to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

The place of performance for all services arising from our business relationship 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 brought. This does not affect the right to bring an action before a court at any other legally established place of jurisdiction.

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

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

SEVERABILITY CLAUSE
The invalidity of any provision of these terms and conditions shall not affect the validity of the remaining provisions.

Last updated: November 4, 2025