Terms and Conditions

Based on these General Terms and Conditions (GTC), a contract is concluded 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 register number: HRA 202785
VAT identification number: DE189922589

hereinafter referred to as the provider, the contract is concluded.

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.

CONCLUSION OF CONTRACT
The contract is concluded in electronic commerce via the shop system. The offers shown represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.

PURCHASE CONTRACT
The purchase contract is concluded when the payment is successfully made. The customer receives confirmation by email.

RESERVATION OF TITLE
The delivered goods remain the property of the provider until full payment has been made.

RESERVATIONS
The provider reserves the right not to provide the promised service if it is not available. The provider reserves the right to sell marked articles exclusively to traders and to reject orders from end users or private individuals.

PRICES, SHIPPING COSTS, RETURN COSTS
All prices are final prices and include statutory sales tax. In addition to the final prices, depending on the shipping method, additional costs are incurred, which are displayed before the order is sent. If there is a right of cancellation and this is used, the customer bears the costs of the return shipment. We send an invoice in digital or paper form for every order. A subsequent change to the invoice data is not possible due to the Sales Tax Implementation Ordinance (UstDV).

PAYMENT CONDITIONS
The customer has only the following payment options: PayPal, Mastercard, VISA, American Express, Klarna and advance payment (bank transfer). If the payment method is bank deposit / bank transfer, the amount must be transferred to the specified account within 5 working days. The order will only be shipped after receipt of payment. If payment is not received within 5 working 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. If the payment is returned by your card provider, PayPal or Klarna at a later date (due to insufficient funds, objection, etc.), the buyer will be charged for the chargeback fees incurred plus processing costs.

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. The seller can refuse to accept returns from non-end users or customers who are not resident in the EU. For returns made by the customer where the purchase contract has not been canceled 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 should be noted that the shipping costs and import customs fees must be borne by the customer. Returns of goods will only be accepted if the customs fees have already been paid in full to the main customs office.

DELIVERY CONDITIONS
The goods will be dispatched immediately after confirmed receipt of payment and if in stock. On average, dispatch takes place within 3 working days at the latest if the goods are in stock. The provider either dispatches the order 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. 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 hedging transaction was made in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed of this immediately and any services received, in particular payments, will be refunded. If the customer is located outside the Federal Republic of Germany, any customs fees and import duties may also arise. These must be borne by the customer themselves. The customer must ensure that his name is clearly written on the mailbox and doorbell. Attaching the name to the mailbox or doorbell with an adhesive strip from the outside can result in 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 freight forwarder or parcel service, does not collect it from the storage location if they are not there and allows the storage period to expire, 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 invoice the customer for the return costs from the freight forwarder or parcel service. These currently amount to 6.90 euros within Germany and between 29.90 euros and 89.90 euros for shipments outside Germany. For pallet shipments, the cost within Germany is 159.95 euros. There is no refund of the original shipping costs from the provider to the customer. The ordered goods will be refunded less the return costs mentioned above and shipping costs to the originally selected payment date. In the event of a complaint, we ask you to note any damage or defects to the outer packaging directly to the transport company in writing. Then send us clear 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 for the following reasons. This also applies to the representative and vicarious agents of the provider if the customer makes claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.

Language, place of jurisdiction and applicable law / prohibition of assignment and pledging
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.

The contract is drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies insofar as it does not restrict any legal provisions of the state in which the customer has his or her place of residence or habitual abode. In the case of disputes with customers who are not consumers, legal entities under public law or special funds under public law, the place of jurisdiction is the registered office of the provider.

When purchasing frame widening, steel shafts, round shafts, strips, roller shutter curtains, profiles, rails and guide rails
Please note when ordering that the selected frame widening, steel shafts, round shafts, strips, rails and guide rails are made for you from 6m long rails to measure, according to customer specifications, and are therefore excluded from exchange and return.

When purchasing drives, motors, transmitters, receivers, remote controls, switches, smart home solutions, electronic belt winders and safety devices,
please follow the instructions provided by the manufacturer for installing the motors and drives, electronic belt winders and safety devices. Roller shutter, awning and roller door motors that have already been put into operation or installed or used, as well as electronic belt winders and safety devices, can only be returned if they are unused and in their original packaging, including the accessories supplied, within the statutory warranty period.

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

• is not or has not been operated according to specifications
• is damaged or destroyed by force majeure or environmental influences (frost, overvoltage, unacceptable media)
• Has been connected to the power supply by certified personnel
• has been damaged by improper handling, in particular failure to follow the operating and installation instructions or neglected maintenance
• has been opened or repaired by unauthorized workshops, the buyer or any other person, see safety instructions
• there is any kind of mechanical damage on the outside, use of force, damage caused by installation, external influences or foreign bodies (e.g. sand or stones)
• has a manipulated, removed or illegible type plate
• were reported stolen
• has been used as a third-party accessory in a system for which no written approval has been obtained from our technical department

If the purchased item has been tampered with through the fault of the buyer, has become defective due to a short circuit, or has been defective due to incorrect operation, application, or installation, no warranty or guarantee claim is valid. We would like to point out again that electrical products may only be installed, dismantled, and finally assembled by certified personnel (such as electricians with the appropriate qualified performance certificates). If the product has not been installed, dismantled, or finally assembled by certified specialists, the warranty or guarantee claim is generally void. If items are returned defective and are not defective, or if the defect was caused by improper installation or assembly, or if they have been tampered with 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 invoiced separately.

When purchasing tile adhesive and bagged goods,
please note that items in bags such as tile adhesive can only be returned if they are in their original, unsealed condition. Opened or damaged goods cannot be returned!

Severability Clause
The invalidity of any provision of these Terms and Conditions shall have no effect on the validity of the remaining provisions.

last update: December 10, 2024