Terms and Conditions

General Terms and Conditions

§ 1 Basic Provisions and Entire Agreement

(1) These Terms and Conditions apply to all contracts, purchases, and transactions concluded with FeNau. By placing an order, you agree to be bound by these Terms.

(2) Entire Agreement: These Terms constitute the entire agreement between you and FeNau. Any prior or contemporaneous agreements, representations, or warranties, whether written or oral, are strictly superseded and have no legal effect.

§ 2 Customized Goods and Indemnification

(1) For any custom orders, you must provide accurate specifications. FeNau is not responsible for errors arising from incorrect customer specifications.

(2) Indemnification: You agree to indemnify, defend, and hold harmless FeNau, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with your improper use of the goods, violation of these Terms, or violation of any third-party rights (including intellectual property rights related to custom designs provided by you).

§ 3 Warranties and Disclaimer (AS IS)

(1) EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATE WRITTEN AGREEMENT, ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". FENAU EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FENAU DOES NOT WARRANT THAT THE GOODS WILL MEET YOUR SPECIFIC REQUIREMENTS.

§ 4 Absolute Limitation of Liability

(1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FENAU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE GOODS, ARISING OUT OF OR RELATED TO THIS AGREEMENT.

(2) IN NO EVENT SHALL FENAU'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY PURCHASE EXCEED THE ACTUAL AMOUNT PAID BY YOU TO FENAU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

§ 5 Force Majeure

(1) FeNau shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, supply chain disruptions, or governmental actions.

§ 6 Dispute Resolution: Binding Arbitration and Class Action Waiver

(1) Binding Arbitration: ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR PURCHASE FROM FENAU WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. The place of arbitration shall be Chicago, Illinois.

(2) Class Action Waiver: WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to bring a claim as a plaintiff or class member in any class or representative proceeding.

§ 7 Choice of Law and Jurisdiction

(1) These Terms and any transaction with FeNau shall be governed exclusively by the laws of the State of Illinois, USA, without regard to its conflict of law provisions.

(2) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly and entirely excluded.

Customer Information

1. Identity of the Seller

FeNau
150 North Michigan Avenue, 35th Floor
Chicago, Illinois 60601
USA

Telephone: +1 (773) 493-4879
Email: info@fenau.eu

2. Return Policy and Restocking Fees

2.1. All sales are final unless otherwise agreed in writing. Any authorized returns must be made within 14 days of receipt, in original unused condition.

2.2. FeNau reserves the right to charge a restocking fee of up to 25% on any authorized returns of non-defective goods. Custom or modified goods cannot be returned under any circumstances.