pipe connector
Stainless steel components
wrought iron
Grating steps
Grating
Marine | Boat accessories
Sliding gate fittings
Sealing plugs and protective caps
Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms
and Conditions§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Fenau GmbH) via the website www.fenau.eu. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business operator is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the relevant product on our website, we are making you a binding offer to conclude a contract via the online shopping basket system on the terms specified in the product description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the “shopping basket”. You can access the “Shopping Basket” 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 details as well as the payment and delivery terms, the order details will finally be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed 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 relevant instant payment system, please make the appropriate selection or enter your details there. Finally, the order details will be displayed as an order summary 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 the details in the order summary once more, make changes (including via the ‘back’ function of your web browser) or cancel the order.
By submitting the order via the relevant button (“order with obligation to pay”, “buy” / “buy now”, “order subject to charges”, “pay” / “pay now” or similar designation), you legally and bindingly accept the offer, thereby concluding the contract.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.
§ 3 Customised goods
(1) You shall provide us with the appropriate information, texts or files required for the customisation of the goods via the online ordering system or by email no later than immediately after the conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyright, rights to a name, trade mark rights) or contravenes existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this context.
(3) We do not check the transmitted data for accuracy of content and accept no liability for errors in this respect.
§ 4 Special provisions regarding offered payment methods
(1) Credit check
Where we provide advance payment, e.g. for payment by invoice or direct debit, your data will be passed on to Creditsafe Deutschland GmbH, Schreiberhauer Straße 30, 10317 Berlin, for the purpose of a credit check based on mathematical and statistical methods, in order to safeguard our legitimate interests. We reserve the right to refuse payment by invoice or direct debit based on the outcome of the credit check.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", 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" are displayed under a corresponding button on our website and during the online ordering process. "PayPal" may use additional payment services for payment processing; where specific payment terms apply, you will be notified of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business, the following applies in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the goods subject to retention of title.
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 sum arising from the resale; we accept the assignment. You remain authorised to collect the claim. However, should you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the event of the goods subject to retention of title being combined or mixed, we shall acquire co-ownership of the new item in the ratio of 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 securities to which we are entitled at your request to the extent that the realisable 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.
§ 6 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) 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 shall have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from objective requirements, such deviation shall only be deemed agreed if we have informed you thereof prior to your submission of the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
(4) Insofar as you are a business, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods; however, other advertising, public promotions and statements by the manufacturer shall not be deemed agreed.
b) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the rectification of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The rectification of defects shall be 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 event of rectification, we shall not be required to bear the increased costs arising from the removal of the goods to a location other than the place of performance, provided that such removal does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply
:- to damage attributable to us caused by culpable acts resulting in injury to life, limb or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee as to the quality of the goods;
- in the case of goods which, in accordance with their customary use, have been used for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favourability).
(2) The place of performance for all services arising from business relationships with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a trader, 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 place of residence or habitual residence is unknown at the time the action is brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller
Fenau GmbH
Nürnberger Straße 46
90579 Langenzenn
Germany
Telephone: 091197917230
Email: info@fenau.eu
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping basket system, the contract details can be printed using the browser’s print function or saved electronically. Once we have received the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For enquiries made outside the online shopping basket system, you will receive all contract details as part of a binding offer in writing, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have committed to the ‘Käufersiegel’ quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service are set out in the relevant offer.
6. Prices and payment terms
6.1. The prices stated in the relevant offers, as well as the delivery costs, represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable delivery costs are not included in the purchase price. They can be accessed via a button labelled accordingly on our website or in the relevant offer, are shown separately during the ordering process and are to be borne by you in addition to the purchase price, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which are to be borne by you.
6.4. Any costs incurred for the money transfer (bank transfer or exchange rate fees charged by financial institutions) are to be borne by you in cases where delivery is made to an EU Member State but payment was initiated from outside the European Union.
6.5. The payment methods available to you are listed under a button labelled accordingly on our website or in the relevant offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Terms
7.1. The delivery terms, delivery date and any applicable delivery restrictions can be found under a button labelled accordingly on our website or in the relevant offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold during dispatch is not transferred to you until the goods are handed over to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or any other person designated to carry out the dispatch.
If you are a business, delivery and dispatch are at your own risk.
8. Statutory liability
for defects Liability for defects is governed by the ‘Warranty’ provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by the lawyers at Händlerbund specialising in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29 November 2022
Telephone: 091197917230
Email: info@fenau.eu
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping basket system, the contract details can be printed using the browser’s print function or saved electronically. Once we have received the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For enquiries made outside the online shopping basket system, you will receive all contract details as part of a binding offer in writing, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have committed to the ‘Käufersiegel’ quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service are set out in the relevant offer.
6. Prices and payment terms
6.1. The prices stated in the relevant offers, as well as the delivery costs, represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable delivery costs are not included in the purchase price. They can be accessed via a button labelled accordingly on our website or in the relevant offer, are shown separately during the ordering process and are to be borne by you in addition to the purchase price, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which are to be borne by you.
6.4. Any costs incurred for the money transfer (bank transfer or exchange rate fees charged by financial institutions) are to be borne by you in cases where delivery is made to an EU Member State but payment was initiated from outside the European Union.
6.5. The payment methods available to you are listed under a button labelled accordingly on our website or in the relevant offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery Terms
7.1. The delivery terms, delivery date and any applicable delivery restrictions can be found under a button labelled accordingly on our website or in the relevant offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold during dispatch is not transferred to you until the goods are handed over to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or any other person designated to carry out the dispatch.
If you are a business, delivery and dispatch are at your own risk.
8. Statutory liability
for defects Liability for defects is governed by the ‘Warranty’ provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by the lawyers at Händlerbund specialising in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29 November 2022