Terms and Conditions

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 enter into 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 excluded.

(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 self-employed professional activity. A business operator is any natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods, in particular steel and stainless steel products (e.g. grating, handrail systems, balustrade components and accessories), including cut-to-size items and bespoke products made to the customer’s specifications.

(2) By simply 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 set out in the product description.

(3) The contract is concluded via the online shopping basket system as follows:
The goods you intend to purchase are placed in the ‘shopping basket’. You can access the ‘shopping basket’ via the relevant button in the navigation bar and make changes there at any time.
After clicking the ‘Checkout’ or ‘Proceed to Order’ button (or similar label) and entering your personal details as well as the payment and delivery terms, the order details will be displayed to you as an order summary.

If you choose an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), 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 once you have been redirected back to our online shop.

Before submitting your order, you have the option to check the details in the order summary once more, make changes (including via your web browser’s ‘Back’ function) or cancel the order.

By submitting the order via the relevant button (‘Place order with obligation to pay’, ‘Buy’ / ‘Buy now’, ‘Place order with payment’, ‘Pay’ / ‘Pay now’ or similar wording), you are legally bound to accept the offer, thereby concluding the contract.

(4) Your enquiries regarding the preparation of an offer are non-binding on your part. We will provide you with a binding offer in writing (e.g. by email), which you may accept within 5 days (unless a different deadline is specified in the relevant offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed and, in particular, that it is not blocked by spam filters.

§ 3 Custom-made goods (made-to-measure products)

(1) In the case of custom-made goods (in particular grating, cut-to-size pieces and other products made to the customer’s specifications), production shall be carried out exclusively and bindingly in accordance with the details you have provided in the order. You must provide us with all the information required for production via the online ordering system or by email no later than immediately after the contract has been concluded.

(2) You are responsible for the accuracy and completeness of your details, in particular for:

a) all dimensional specifications (e.g. length, width, recesses, notches), which you must check before completing the order;
b) the specification of the direction of the support bars; the support bars must rest on the support surfaces;
c) the suitability and adequate dimensions of the support surfaces and the support conditions at the installation site.

(3) We do not verify the information provided for accuracy of content or suitability for the intended purpose and accept no liability for errors in this regard. Deviations of the goods delivered from your order details within the scope of standard industry manufacturing tolerances (in particular in accordance with RAL-GZ 638 for grating) do not constitute a defect.

(4) Bespoke goods are excluded from exchange and return. Consumers have no right of withdrawal in this respect (Section 312g(2)(1) of the German Civil Code (BGB)); further details are set out in the withdrawal policy. Statutory rights in respect of defects remain unaffected.

§ 4 Special provisions regarding offered payment methods

(1) Credit
check : Where we make an advance payment, e.g. in the case of payment by invoice or direct debit, your data will be passed on to Creditsafe Deutschland GmbH, Schreiberhauer Straße 30, 10317 Berlin. 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”, the payment will be processed 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 available via “PayPal” are displayed under a correspondingly labelled button on our website and during the online ordering process. “PayPal” may use other payment services to process payments; where specific payment terms apply in this regard, 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 Delivery, Partial Deliveries, Reservation of the Right to Source Supplies Ourselves

(1) We are entitled to make partial deliveries, provided this is reasonable for you. You will not incur any additional delivery charges as a result of partial deliveries arranged by us.

(2) The conclusion of the contract is subject to correct and timely supply by our suppliers. This applies only where we are not responsible for the non-delivery, in particular where a corresponding covering transaction has been concluded with our supplier. You will be informed immediately should the service become unavailable. Any payment already made will be refunded without delay.

(3) Events of force majeure and other circumstances for which we are not responsible (e.g. operational disruptions at upstream suppliers, transport delays, official measures, strikes, shortages of raw materials) shall extend the delivery period by a reasonable period. If the hindrance persists for more than six weeks, both parties shall be entitled to withdraw from the contract in respect of the affected part of the service; any consideration already paid shall be refunded without delay. Statutory rights remain unaffected.

§ 6 Right of retention, set-off, retention of title

(1) You may only exercise a right of retention in so far as it relates to claims arising from the same contractual relationship.

(2) Set-off against our claims is only permitted in respect of counter-claims that are undisputed or have been established by a final and binding court decision.

(3) The goods remain our property until the purchase price has been paid in full.

(4) If you are a business, the following shall also apply:

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In such cases, you hereby assign to us all claims arising from the resale in the amount of the invoice sum; we accept this 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 that the goods subject to retention of title are combined or mixed with other items, we shall acquire co-ownership of the new item in the proportion 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 security to which we are entitled at your request to the extent that the realisable value of our security exceeds the claim to be secured by more than 10 per cent. The choice of which security is to be released rests with us.

§ 7 Warranty

(1) The statutory rights regarding liability for defects shall apply, unless otherwise provided for below.

(2) 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 shall not affect your statutory warranty claims.

(3) Where a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed to have been agreed if you were informed of it by us prior to our submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Deviations in dimensions, surfaces and finish that are customary in the industry and technically unavoidable (in particular, manufacturing tolerances in accordance with RAL-GZ 638 for grating, as well as surface characteristics resulting from galvanisation) do not constitute a defect. We reserve the right to make design changes to dimensions due to technical progress on the part of the manufacturers, provided that such changes are reasonable for you and do not impair the usability of the goods.

(5) If 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 to have been agreed as the quality of the goods; other advertising, public promotions and statements by the manufacturer shall not be deemed to have been agreed.

b) You are obliged to inspect the goods immediately upon delivery and to report any apparent defects, shortfalls and transport damage in writing without delay, but at the latest within 7 days of receipt of the goods (Section 377 of the German Commercial Code (HGB)). Any transport damage to the packaging must be reported directly to the carrier upon delivery and noted in writing (e.g. on the consignment note). Hidden defects must be reported immediately upon discovery. In the event of a breach of the duty to inspect and give notice of defects, the goods shall be deemed to have been accepted.

c) In the event of defects, we shall, at our discretion, fulfil our warranty obligations by either rectifying the defect or making a replacement delivery. If the rectification of the defect fails, you may, at your discretion, claim 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 any additional costs arising from the goods being moved to a location other than the place of performance, provided that such movement does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The reduction in the warranty period shall not apply:

- to damage attributable to us caused by negligence resulting in death, personal injury or damage to 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 normal use, have been used in 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.

§ 8 Liability

(1) We shall be liable without limitation for damage resulting from injury to life, limb or health; in all cases of wilful misconduct and gross negligence; in the event of fraudulent concealment of a defect; where we have given a guarantee as to the quality of the purchased item; and in all other cases governed by mandatory statutory provisions, in particular under the Product Liability Act.

(2) Where essential contractual obligations are concerned, our liability in cases of slight negligence is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are obligations arising from the nature of the contract, the breach of which would jeopardise the achievement of the contract’s purpose, as well as obligations which the contract imposes on us, by virtue of its content, for the fulfilment of the contract’s purpose; the fulfilment of which is essential for the proper performance of the contract in the first place; and on the observance of which you may reasonably rely.

(3) In the event of a breach of non-essential contractual obligations, liability is excluded in cases of slight negligence.

(4) The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

§ 9 Goodwill returns (business customers only)

(1) There is no entitlement to the return of goods that are free from defects. We may, in individual cases, accept the return of stock items that are free from defects as a gesture of goodwill; there is no legal entitlement to this. A return as a gesture of goodwill requires our prior written consent.

(2) In the event of a return as a gesture of goodwill, the goods must be returned carriage paid at your expense and risk. Twenty per cent of the value of the goods will be deducted from the credit note to cover restocking costs. This is subject to the goods being received by us unused, undamaged and in a condition suitable for resale.

(3) Bespoke goods (§ 3), made-to-measure items and goods procured specifically for you are excluded from return on a goodwill basis.

(4) Statutory rights in respect of defects, as well as any right of withdrawal for consumers, remain unaffected by this provision.

§ 10 Choice of law, place of performance, 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 in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all obligations 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 person 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
Veit-Stoß-Str. 20
90579 Langenzenn
Germany
Telephone: +49 (0) 911 9791723 0
Email: info@fenau.eu

2. Information on the conclusion of the contract

The technical steps involved in 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 language of the contract is German.

3.2. We do not store the full text of the contract. Before submitting the order via the online shopping basket system, the contract details can be printed out using the browser’s print function or saved electronically. Once we have received your 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 regarding quotations provided outside the online shopping basket system, you will receive all contract details as part of a binding quotation in writing, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We are committed to complying with the ‘Käufersiegel’ quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The key features of the goods and/or services are set out in the relevant offer.

6. Prices and payment terms

6.1. The prices stated in the respective offers, as well as the delivery charges, represent total prices. They include all price components, including any applicable taxes.

6.2. The applicable delivery charges are not included in the purchase price. These can be viewed via a clearly labelled button 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 confirmed.

6.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate charges levied by financial institutions), which are to be borne by you.

6.4. Any costs incurred in connection with the money transfer (bank transfer or exchange rate charges levied by financial institutions) are to be borne by you in cases where delivery is made to an EU Member State but the payment was initiated from outside the European Union.

6.5. The payment methods available to you are listed under a button with the relevant label 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, the 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).

Last updated: 22 July 2026