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 Identification Number: DE189922589

hereinafter referred to as the provider.

SUBJECT OF THE CONTRACT
This contract regulates the sale of new goods via 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 of your own terms and conditions is rejected.

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 self-employed. An entrepreneur is any natural or legal person or a legal partnership 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.

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

For inquiries for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, 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 the payment method, you will either be led to the order overview 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 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 opportunity to review the information in the order overview, 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 it is exercised, the customer bears the costs of the return. 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 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 fee of €20 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 exclusively the following payment options: PayPal, Mastercard, VISA, American Express, Klarna and advance payment (bank transfer). If the payment method 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 receipt of payment. If no payment is received within 5 working days, the order will be cancelled. There is no subsequent claim to the ordered goods. Further payment methods are not offered and will be rejected. Should the payment be reversed 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, the 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" 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; if 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 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 (measurements, colors) or that are special orders. Articles such as guide rails, strips, profiles, extensions, steel shafts, roller shutter curtains, round shafts, rails, glazing beads, weatherstrips, as well as safety-relevant articles such as fall arresters, are excluded from return. Only products that are unused, undamaged, in their original undamaged product packaging, and with all supplied accessories 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 cancelled in writing, the seller reserves the right to retain the shipping costs for the outbound shipment. The buyer bears the shipping costs for the return shipment. For customers who are not from the EU, it must be considered that the shipping costs and import duties must be borne by the customer. Goods returns will only be accepted if the customs duties have already been fully paid to the main customs office. For unauthorized or unregistered returns, the seller is entitled to charge for the effort and processing costs. The current prices can be found in our overview for additional services. Unauthorized returns that are not picked up by the buyer may be subject to storage fees from the 14th calendar day after delivery of the return, amounting to 2% of the gross value of the item per calendar day. We reserve the right to refuse acceptance of items that are not properly packed 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, RAILS, PROFILES, GLAZING BEADS, WEATHERSTRIPS, GUIDE RAILS AND OTHER LONG GOODS
Please note that when ordering, the selected blind frame extensions, steel shafts, round shafts, 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 HARDWARE PARTS
The installation of hardware parts on windows and doors must be carried out by qualified personnel to exclude damage to the hardware as well as to the window or door or risks for 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 DEVICES AND FALL ARRESTERS
Please note the instructions provided by the manufacturer for the installation of motors and drives, electronic belt winders and fall arresters. Roller shutter, awning and rolling gate 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 articles in original packaged condition, together with supplied accessories and undamaged original product packaging, can be returned within the statutory warranty period. To preserve the warranty claim, we point out that the installation of the above-mentioned product groups must only be carried out by qualified personnel to exclude damage or hazards for the user. Installation by unauthorized persons leads to loss of warranty.

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

• is not 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
• has been damaged by improper handling, in particular non-observance of the operating and installation instructions or by 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, violent applications, damage due to installation, external influences or foreign objects (e.g. sand or stones)
• has a manipulated, removed or illegible type plate
• has been reported stolen
• has been used as third-party accessories in an installation 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 due to incorrect operation, application and installation, resulting in a defect, a warranty or guarantee claim is not given. We explicitly point out once again that for electrical products, installation, de- 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, de- or reassembled by certified personnel, the warranty claim or guarantee claim is generally forfeited. Should items have been returned defective, which 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, processing costs up to 150,- Euro 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 dispatched immediately after confirmed receipt of payment and if in stock. Shipping usually takes place within 3 working days at the latest if the goods are in stock. The provider dispatches the order either from its own warehouse as soon as the entire order is in stock there, or the order is dispatched 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 impediment, in particular force majeure or non-delivery by its own suppliers, even though a corresponding hedging 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 dates. The buyer is obliged to immediately inspect the goods for completeness, external damage and defects upon receipt by the carrier or parcel service and, if a complaint is made, to inform the seller in writing by email. If the buyer fails to comply with this obligation, a later complaint is excluded. If the customer is located outside the Federal Republic of Germany, any customs duties and import duties may also arise. These must be borne by the customer himself. 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 customer bears the resulting return costs. 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, 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 Euro domestically and between 29.90 Euro and 89.90 Euro for shipments outside Germany. For pallet shipments, the costs domestically amount to 159.95 Euro. A refund of the original shipping costs from the provider to the customer is forfeited. A refund of the ordered goods will be made minus the aforementioned return costs and shipping costs to the originally selected payment target. 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 deliverer and the provider must be informed. Please send meaningful 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 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, body, health or essential contractual obligations that must 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 for accuracy. Product images are from the manufacturer and represent a similar depiction of the product. There may be color deviations and deviations in the execution. We assume no guarantee for 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 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 by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

If you are an entrepreneur, the following applies deviating from the aforementioned 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 by the manufacturer.

In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction 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 do not have 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 the delivery of the goods. The shortening of the period does not apply:

- for damages culpably caused by us due to injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we maliciously concealed the defect or guaranteed 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 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 also applies:

a) We reserve title to the goods until all claims from the ongoing business relationship have been fully settled. Pledging or chattel mortgage 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 that arise from the resale, and we accept the assignment. You are still 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 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 due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the 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 shall apply 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 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 applies only 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 and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, 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 also 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 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 one provision of these General Terms and Conditions does not affect the validity of the other provisions.