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@fenstergiganto.shop
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 via 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 fenstergiganto.shop via the website www.fenstergiganto.shop. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

A consumer in the sense of the following regulations 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 legal partnership that, 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 offer inquiries 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 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, change (also via the "back" function of the internet browser) or cancel the order in the order overview.

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 may arise depending on the shipping method, which will be displayed before the order is sent. If a right of withdrawal exists and is exercised, the customer bears the costs of the return. With every order, we send an invoice in digital or paper form. Subsequent changes to 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 required 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 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 per order.

PAYMENT TERMS
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 shipped after payment has been received. If no payment is received within 5 working days, the order will be canceled. There will be no subsequent claim to the ordered goods. Other payment methods are not offered and will be rejected. If the payment is charged back by your card provider, PayPal or Klarna at a later date (due to insufficient funds, objection, etc.), the incurred chargeback fees plus processing costs will be invoiced 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" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use further payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information about "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 the 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 armor, round shafts, rails, glazing beads, weatherstrips, as well as safety-relevant items such as fall arrest devices are excluded from return. Only products that are unused, undamaged, in 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 without written revocation of the purchase contract, the seller reserves the right to retain the shipping costs for the outbound shipment. The shipping costs for the return shipment are borne by the buyer. For customers 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 visible on the mailbox and doorbell. Attaching the name to the mailbox or doorbell with an adhesive strip 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 lets the storage period 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 the return costs from the carrier or parcel service. A refund of the original shipping costs from the provider to the customer is waived. A refund of the ordered goods will be made minus the aforementioned return costs and shipping costs to the originally chosen 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 us meaningful photos of the packaging, damaged goods, and, if available, the delivery receipt to info@fenstergiganto.shop

WHEN PURCHASING BLIND FRAMES, EXTENSIONS, STEEL SHAFTS, ROUND SHAFTS, STRIPS, ROLLER SHUTTER ARMOR, GLAZING BEADS, WEATHERSTRIPS, PROFILES, RAILS, GUIDE RAILS, AND OTHER LONG GOODS
Please note when ordering that 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 specialist personnel to exclude damage to the hardware as well as to the 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 SAFETY DEVICES
Please observe the instructions provided by the manufacturer for the installation of motors and drives, electronic belt winders, and fall arrest devices. Roller shutter, awning, and rolling gate motors, as well as electronic belt winders and fall arrest devices 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 preserve 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 danger to the user. Installation by unauthorized persons leads to loss of warranty.

Warranty claims cannot be considered if the warranty item:

• 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
• 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, application 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 external 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 fault of the buyer, defective due to a short circuit, or have led to a defect due to incorrect operation, application, and installation, no warranty or guarantee claim can be made. We expressly point out once again that for electrical products, installation, de-installation, and re-installation 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-installed, or re-installed by certified specialist personnel, the warranty claim or guarantee claim is generally void. If 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 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 an 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 usually takes place no later than 3 working days if the goods are in stock. The provider ships the order either from its own warehouse, as soon as the entire order is available there, or the order is shipped by the manufacturer, as soon as the entire order is available there. Delivery is made 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, although a corresponding hedging 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 delivery dates. The buyer has the duty to immediately check the goods for completeness, external damage, and defects immediately upon receipt of the goods 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 located outside the Federal Republic of Germany, any customs duties and import duties may arise in addition. These are to be borne by the customer himself. The customer must ensure that his name is clearly affixed to the mailbox and doorbell. Attaching the name to the mailbox or doorbell with an adhesive strip 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 location if not found, and lets the storage period 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 the return costs from the forwarding agent or parcel service. A refund of the original shipping costs from the provider to the customer is waived. A refund of the ordered goods will be made minus the above-mentioned return costs and shipping costs to the originally chosen 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 us meaningful photos of the packaging, damaged goods, and, if available, the delivery receipt to info@fenstergiganto.shop

DISCLAIMER
Claims for damages by the customer are excluded, unless otherwise stated below. This also applies to the provider's representative and vicarious agent 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 their 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 execution. We assume no guarantee 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 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 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 praise and statements 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 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 bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the relocation 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 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 recourse claims 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 their consent, unless the customer has proven a legitimate interest in the assignment or pledge.

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 additional terms apply:

a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer by way of 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 in the amount of the invoice amount that accrue 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 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%. We are responsible for selecting the securities to be released.

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 it does not restrict statutory provisions of the state in which the customer has their domicile or habitual residence. 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 provider's registered office.

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 the consumer of the protection afforded by mandatory provisions of the law of the state of their habitual residence (favorability principle).

The place of performance for all services arising from the 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 not known 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 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.