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 goods and services that you enter into with us as the supplier (FeNau GmbH), regardless of how the contract is concluded. This includes, in particular, contracts concluded

• via our websites www.fenau.eu, www.fenau.de and www.stahl24.eu,
• via online marketplaces used by us (e.g. eBay, Amazon),
• by email, telephone, fax or in any other written form,
• on the basis of an offer made by us, and
• directly at our business premises.

Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use. Deviating terms and conditions shall only be effective if we have expressly agreed to their validity in writing.

(2) A ‘consumer’ within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity. An ‘entrepreneur’ is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their independent professional or commercial activity.

(3) The version of these terms and conditions valid at the time the contract is concluded shall apply.

(4) If you are a trader, these terms and conditions shall also apply to all future contracts within the scope of the ongoing business relationship, without the need for them to be incorporated again in each individual case.

(5) In the case of contracts concluded via an online marketplace, the terms and conditions of the respective marketplace operator shall apply in addition. Where their mandatory provisions deviate from these terms and conditions, they shall take precedence.

§ 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) Simply 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 set out in the product description. Paragraphs 2 and 3 apply exclusively to contracts concluded via the online shopping basket system on our website.

(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 ‘Proceed to Checkout’ button and entering your personal details as well as your payment and delivery preferences, 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 taken 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 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 ‘Place order with obligation to pay’ button, 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 time limit 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.

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

a) Orders received by us via email, telephone, fax, in any other written form or in person at our business premises constitute an offer to us to conclude a contract. The contract is concluded upon our acceptance. Acceptance takes place by means of an order confirmation in writing or by the fulfilment of the delivery.

b) Where we have submitted an offer to you in writing, the contract is concluded upon your acceptance within the binding period specified in the offer (Section 2(4)).

c) We shall confirm orders placed by telephone in writing. If you are a business customer, our order confirmation shall be decisive as to the content and scope of the contract, provided that you do not object to it immediately upon receipt. If you are a consumer, the contract is deemed to have been concluded with the content you have declared to us; in this case, our order confirmation serves for documentation purposes.

(7) If you are a consumer and the contract is concluded exclusively through the use of means of distance communication (in particular by email, telephone or fax), we shall provide you with these terms and conditions, the cancellation policy together with a model cancellation form, as well as the information required by law for distance contracts, in writing before you submit your declaration of contract. There is no right of withdrawal for contracts concluded on our business premises.

§ 3 Custom-made goods (made to measure)

(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 specified in the order. You must provide us with all the details 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 supports;
c) the suitability and adequate dimensions of the support surfaces and the support conditions at the installation site.

(3) We do not check the information provided for accuracy of content or suitability for the intended purpose and accept no liability for errors in this respect. Deviations of the delivered goods 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) Custom-made 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)); details are set out in the withdrawal policy. Statutory rights in respect of defects remain unaffected.

(5) The following quality specifications apply additionally to grating:

a) Tolerances for dimensions and shape are governed by the RAL-GZ 638 quality assurance standard in its currently valid version. The tolerances specified therein apply to grating with an area of up to 2.0 m², provided that no side dimension exceeds 2000 mm.

b) For grating exceeding the dimensions specified in point (a), the tolerances set out in RAL-GZ 638 shall apply accordingly. Larger deviations resulting from the manufacturing process, particularly with regard to flatness and warping, are permissible for these dimensions, provided that the goods’ suitability for their intended use is not impaired and no deviating agreement has been made in writing.

c) For galvanising residues within the mesh openings of hot-dip galvanised gratings (zinc flakes, zinc skins), our Technical Terms of Delivery TL-GR 04, in the version valid at the time of conclusion of the contract, applies; this is available at [[URL_TL-GR-04]]. It forms an integral part of the product description.

d) Any mechanical reworking of the mesh apertures beyond the specifications set out in clause (c) is not included in the scope of supply. Such reworking may be offered on request; this requires a separate agreement in writing prior to the conclusion of the contract, setting out the scope of work and any additional costs.

§ 4 Special agreements 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 Right to Supply

(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 in the event that 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 of any unavailability of the service. 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 judgement.

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

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

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or assigned as security prior to the transfer of title.

b) You may resell the goods in the ordinary course of business. In this event, 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 of combination or mixing of the goods subject to retention of title, 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 in respect of 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 objective requirements, such deviation shall only be deemed to have been agreed if you were informed of it by us prior to submitting your declaration of contract 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 do not constitute a defect. In the case of grating, the specifications set out in Section 3(5) apply, in particular the manufacturing tolerances in accordance with RAL-GZ 638 and the Technical Delivery Condition TL-GR 04 regarding galvanising residues within the mesh openings. Surface characteristics resulting from galvanising outside the mesh openings, in particular colour variations, mattness, mottling and white rust caused by storage, shall likewise not constitute a defect. The manufacturer reserves the right to make design-related changes to dimensions due to technical progress, 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, the requirements incorporated pursuant to Section 3(5) and the manufacturer’s product description shall be deemed to have been agreed as the quality of the goods; however, 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)). 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 does not apply:

• to damage attributable to us and caused through negligence resulting in death, personal injury or damage to health, or to other damage caused intentionally or through gross negligence;
• where 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 that you have against us in connection with rights arising from defects.

§ 8 Liability

(1) We shall be liable without limitation for damages 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 goods, 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 fundamental 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 purpose of the contract; the fulfilment of which is essential for the proper performance of the contract 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 free from defects. We may, on a case-by-case basis and as a gesture of goodwill, accept the return of goods free from defects that are in stock; there is no legal entitlement to this. A return as a gesture of goodwill requires our prior consent in writing.

(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) Custom-made goods (§ 3), cut-to-size items and goods procured specifically for you are excluded from returns made as a gesture of goodwill.

(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 entitled ‘Conclusion of the Contract’ in our General Terms and Conditions (Part I). This applies to contracts concluded via the online shopping basket system as well as to those concluded by email, telephone, fax or at our business premises.

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 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 orders and enquiries for quotations made outside the online shopping basket system (e.g. by email, telephone or fax), you will receive all contract details as part of a binding quotation or an order confirmation in writing, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have 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 essential characteristics of the goods and/or services are set out in the relevant offer. In the case of grating, the quality specifications set out in Section 3(5) of the General Terms and Conditions shall also apply.

6. Prices and payment terms

6.1. The prices quoted in the respective quotations, together with the delivery charges, represent the total prices. They include all price components, including all applicable taxes.

6.2. The applicable delivery charges are not included in the purchase price. These can be viewed via a button labelled accordingly on our website or in the relevant quotation, 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 for which we are not responsible 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 transfer of funds (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 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. Where 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: 19 August 2026