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 all contracts for deliveries and services that you conclude with us as the provider (FeNau GmbH), regardless of how the contract is concluded. This specifically includes contracts concluded

• via our websites
• via online marketplaces used by us (e.g. eBay, Amazon),
• by e-mail, telephone, fax or in any other text form,
• on the basis of an offer submitted by us, and
• directly in our business premises.

Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby rejected. Deviating terms and conditions shall only become effective if we have expressly agreed to their validity in text form.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

(3) The version of these terms and conditions valid at the time of concluding the contract shall be decisive.

(4) If you are an entrepreneur, these terms and conditions shall also apply to all future contracts within the scope of the ongoing business relationship, without the need for renewed inclusion in each individual case.

(5) For contracts concluded via an online marketplace, the terms and conditions of the respective marketplace operator shall also apply. Insofar as their mandatory provisions deviate from these terms and conditions, they shall take precedence.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods, in particular steel and stainless steel products (e.g. gratings, handrail systems, railing components and accessories), including custom cuts and custom-made products.

(2) Already by posting the respective product on our websites, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description. Paragraphs 2 and 3 apply exclusively to contracts concluded via the online shopping cart system on our websites.

(3) 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 to you as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the 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 make the corresponding selection or entry of your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed to you as an order overview.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser) or cancel the information in the order overview.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is indicated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address stored by you with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

(6) Conclusion of contract outside the online shopping cart system:

a) Orders received by us by e-mail, telephone, fax, in any other text form or directly in our business premises constitute an offer to us to conclude a contract. The contract is concluded by our acceptance. Acceptance is made by order confirmation in text form or by execution of the delivery.

b) If we have submitted an offer to you in text form, the contract is concluded with your acceptance within the binding period specified in the offer (§ 2 para. 4).

c) We confirm orders placed by telephone in text form. If you are an entrepreneur, our order confirmation is decisive for the content and scope of the contract, unless you object to it immediately after receipt. If you are a consumer, the contract is deemed to have been concluded with the content you declared to us; in this case, our order confirmation serves as documentation.

(7) If you are a consumer and the contract is concluded exclusively by means of distance communication (in particular by e-mail, telephone or fax), we will provide you with these terms and conditions, the cancellation policy including a sample cancellation form, and the legally prescribed information for distance contracts in text form before you submit your contract declaration. For contracts concluded in our business premises, there is no right of withdrawal.

§ 3 Custom-made goods (custom orders)

(1) For custom-made goods (in particular gratings, cuts and other products made to customer specifications), production is carried out exclusively and bindingly according to the data provided by you in the order. You shall provide us with all information required for production via the online ordering system or by e-mail at the latest immediately after conclusion of the contract.

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

a) all dimensions (e.g. length, width, cut-outs, notches), which you must check before placing the order;
b) the indication of the direction of the bearing bars; the bearing bars must rest on the supports;
c) the suitability and sufficient dimensioning of the support surfaces and the support situation at the installation site.

(3) We do not check the transmitted data for content accuracy or suitability for the intended purpose and therefore assume no liability for errors. Deviations of the delivered goods from your order details within the scope of industry-standard production tolerances (in particular according to RAL-GZ 638 for gratings) do not constitute a defect.

(4) Custom-made goods are excluded from exchange and return. For consumers, there is no right of withdrawal in this respect (§ 312g Abs. 2 Nr. 1 BGB); details can be found in the cancellation policy. Statutory warranty rights remain unaffected.

(5) For gratings, the following quality specifications also apply:

a) Dimensional and form tolerances are governed by the quality assurance RAL-GZ 638 in its currently valid version. The tolerances specified there apply to gratings up to an area of 2.0 m², whereby no side dimension may exceed 2000 mm.

b) For gratings exceeding the dimensions specified in letter a), the tolerances according to RAL-GZ 638 apply accordingly. Production-related larger deviations, in particular with regard to flatness and torsion, are permissible for these dimensions, provided that the intended usability of the goods is not impaired and no deviating agreement has been made in text form.

c) For galvanizing residues within the mesh openings of hot-dip galvanized gratings (zinc flakes, zinc skins), our quality specification QV-GR-01 in the version valid at the time of contract conclusion applies, available at [/service.html]. It is part of the product description.

d) If a selection between standard galvanizing and premium galvanizing with post-processing is offered in the ordering process, the owed execution standard is determined by the selection you made. Without an explicit selection, standard galvanizing is owed.

§ 4 Special agreements on offered payment methods

(1) Credit check
If we provide advance performance, 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 protection of our legitimate interests for the purpose of a credit check on the basis of mathematical-statistical procedures. We reserve the right to refuse you the payment method of invoice or direct debit as a result of the credit check.

(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out 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 to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Delivery, partial deliveries, self-supply reservation

(1) We are entitled to make partial deliveries, provided this is reasonable for you. You will not incur additional shipping costs due to partial deliveries initiated by us.

(2) The conclusion of the contract is subject to our correct and timely self-supply by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when concluding a congruent hedging transaction with our supplier. You will be informed immediately of the unavailability of the service. Any consideration already provided will be refunded immediately.

(3) Events of force majeure and other circumstances for which we are not responsible (e.g. operational disruptions at sub-suppliers, transport delays, official measures, strikes, raw material shortages) extend the delivery period appropriately. If the impediment lasts longer than six weeks, both parties are entitled to withdraw from the contract with regard to the affected part of the service; any consideration already provided will be refunded immediately. Statutory rights remain unaffected.

§ 6 Right of Retention, Set-off, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) Offsetting against our claims is only permissible with undisputed or legally established counterclaims.

(3) The goods remain our property until full payment of the purchase price.

(4) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or chattel mortgage is not permitted before the transfer of ownership of the reserved goods.

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 due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 7 Warranty

(1) The statutory liability rights for defects apply, unless otherwise stipulated 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 will not affect your statutory warranty claims.

(3) Insofar as 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.

(4) Industry-standard, technically unavoidable deviations in dimensions, surfaces and finish do not constitute a defect. For gratings, the specifications according to § 3 para. 5 apply, in particular the production tolerances according to RAL-GZ 638 as well as the quality specification QV-GR-01 for galvanizing residues within the mesh openings. Galvanizing-related surface characteristics outside the mesh openings, in particular color differences, dullness, patchiness and storage-related white rust, also do not constitute a defect. Constructive changes to the dimensions due to technical progress by the manufacturers remain reserved, insofar as they are reasonable for you and do not impair the usability of the goods.

(5) If you are an entrepreneur, the following applies deviating from the above warranty regulations:

a) Only our own statements, the specifications included in § 3 para. 5 and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to inspect the goods immediately after delivery and to report recognizable defects, short deliveries and transport damage immediately, but at the latest within 7 days of receipt of the goods, in text form (§ 377 HGB). Transport damage to the packaging must be complained about directly to the deliverer upon delivery and noted in writing (e.g. on the freight bill). Hidden defects must be reported immediately after discovery. If the obligation to inspect and complain is violated, the goods are deemed to have been approved.

c) In the event of defects, we provide a warranty by rectification or replacement delivery, at our discretion. If the rectification fails, you can demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless the transport corresponds to the intended use of the goods.

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

• for culpably caused damages attributable to us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
• insofar as 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;
• in the event of statutory recourse claims that you may have against us in connection with warranty rights.

§ 8 Liability

(1) We shall be liable without limitation for damages resulting from injury to life, body, or health, in all cases of intent and gross negligence, in case of fraudulent concealment of a defect, in case of assumption of a guarantee for the quality of the purchased item, and in all other cases mandatorily regulated by law, particularly under the Product Liability Act.

(2) If essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are fundamental obligations arising from the nature of the contract, the breach of which would jeopardize the achievement of the contract's purpose, as well as obligations that the contract imposes on us according to its content to achieve the contract's purpose, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the observance of which you may regularly rely.

(3) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.

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

§ 9 Returns on goodwill basis (entrepreneurs only)

(1) There is no right to return goods free of defects. We may, in individual cases, take back faultless stock goods on a goodwill basis; there is no legal entitlement to this. A goodwill return requires our prior written consent.

(2) In the event of a goodwill return, the return shipment shall be made carriage paid at your expense and risk. 20% of the goods value will be deducted from the credit note as restocking costs. This is conditional on the goods being received by us unused, undamaged, and in resalable condition.

(3) Individually manufactured goods (§ 3), cut-to-size items, and goods specially procured for you are excluded from returns on a goodwill basis.

(4) Statutory warranty rights and any right of withdrawal for consumers remain unaffected by this provision.

§ 10 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing 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 unknown at the time the lawsuit is filed. The right to appeal to 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 not applicable.

II. Customer Information

1. Identity of the seller

FeNau GmbH
Veit-Stoß-Str. 20
90579 Langenzenn
Germany
Phone: +49 (0) 911 9791723 0
Email: info@fenau.eu

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction possibilities are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.). This applies to contracts concluded via the online shopping cart system as well as to contracts concluded by e-mail, telephone, fax, or in our business premises.

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out 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 selling contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For orders and inquiries outside the online shopping cart system (e.g. by e-mail, telephone or fax), you will receive all contract data as part of a binding offer or an order confirmation in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer. For gratings, the quality specifications mentioned in § 3 Para. 5 of the General Terms and Conditions apply in addition.

6. Prices and payment terms

6.1. The prices quoted in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.

6.4. Money transfer costs incurred (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

Last updated: 06.08.2026