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General terms and conditions

General

These general terms and conditions (the “General Conditions”) apply between Neuffer Fenster + Türen GmbH (“Windows24”) when you or the legal entity you represent, as a customer (the “Customer”) place an order via www.windows24.com and related pages (the “Website”). These General Conditions apply both in relation to legal entities and consumers to the maximum extent allowed by national mandatory law.

Windows24 is a German company that complies with German law including EU regulations and directives. Furthermore Windows24 strives to always comply with mandatory consumer protection laws and regulations where the Customer who is a consumer has its country of residence. Windows24 cannot guarantee that these General Conditions comply with all applicable mandatory consumer protection laws. Nothing in these General Conditions shall exclude or limit Windows24’s liability with regard to any matter for which it would be unlawful for Windows24 to limit or exclude its liability according to applicable mandatory law.

Windows24 has the right to deny any purchases by persons that do not, according to applicable mandatory law in their country of residence, have the right to enter into agreements regarding purchase of the products sold by Windows24, e.g. normally persons under 18 years old. By purchasing a product at the Website you hereby confirm that you possess the legal right and ability to enter into a binding agreement with Windows24.

Windows24's contact details are the following:

Address:

Windows24.com, Neuffer Fenster + Türen GmbH
Kronprinzstr. 8
70173 Stuttgart
Germany

Phone: +49 711 860 60 200
Fax: +49 711 - 86060 – 111

Email: info@windows24.com

Windows24’s customer service is available Monday to Friday 6:00 am to 8:00 pm CET.

Regional Court of Stuttgart HRB 4339
German tax registration number: 99022/ 16398
USt-ldNr. (EU VAT): DE2I3172812

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders. “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contractual partner, formation of contract, correction facilities

The contract is concluded with Neuffer Fenster + Türen GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but rather, a non-binding online catalogue. You may initially place our products into the shopping basket without obligation and check your entries at any time prior to submitting your binding offer, by using the correction aids provided and explained for this in the ordering process. By clicking on the ordering button, you are submitting a binding offer to buy the products contained in the shopping basket. The confirmation of receipt of your order will take place by e-mail directly after sending the order. We will accept your offer within two days by sending you a notice of acceptance in a separate e-mail or if applicable, by having the payment transaction processed by our service provider or the selected payment service provider. The time of processing of the transaction depends on the respective payment method selected (see below under “Payment”).  The relevant alternative for you is determined by which of the listed events occurs first.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: English

We save the text of the contract and forward the order data and our General Terms to you by e-mail. You may also view the text of the contract in our customer login area.

4. Delivery conditions

All prices include VAT. Delivery costs may apply in addition to the product price. Further information about the delivery costs can be found at the offer and in the shopping basket.

You are entitled to collect your order from Neuffer Fenster + Türen GmbH, Kronprinzstrasse 8, 70173 Stuttgart, Germany during the following hours of business: Please arrange a pick-up date with our customer care team, after you have been informed that your goods are ready to be picked up.

5. Payment

The following payment methods are basically available in our online shop:

Payment in advance: If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds

Credit Card: With the submission of the order, you are sending us your credit card details at the same time.

Your card will be charged immediately after placing your order.

PayPal, PayPal Express In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.

The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Traders are not granted any voluntary right to cancel.

Please note: The right of withdrawal does not apply to goods that are not prefabricated and for the manufacture of which an individual configuration by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Products such as windows, doors, front doors, roller shutters, interior window sills, aluminium window sills and cover strips, which are manufactured and delivered according to your dimensional specifications or selections and chosen stop/chosen direction of rotation, are such goods for which the right of withdrawal is excluded.

7. Retention of title

The goods shall remain our property until full payment is made. For traders, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

8. Damage during delivery

For consumers the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

9. Warranty and guarantees

9.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. Restrictions in relation to traders and merchants (“Kaufleute”) The below mentioned limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents  in the event of injury to life, limb or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a voluntary guarantee, if agreed, or within the scope of application of the Produkthaftungsgesetz (the Product Liability Act). In relation to traders, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For traders, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected. Provisions for merchants (“Kaufleute” in accordance with HGB - German Commercial Code) Among merchants (“Kaufleute”), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.   Voluntary guarantees and customer service Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberately or grossly negligent breach of duty
  • for guarantee commitments, where agreed insofar as the scope of application of the Consumer Rights Act 2015 is open
  • in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated. Ceteris paribus, claims for compensation for damages are excluded.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.

12. Final provisions

If you are a trader, German law applies, to the exclusion of the UN Sales Convention.

If you are a “Kaufmann” within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

 

Last updated on 30.11.2022

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