General terms and conditions

1. General contractual information

In these terms and conditions, the customer is referred to as the “Customer”.
The Customer may be any natural or legal person who enters into a contract with the Contractor.
The Contractor is Flari GmbH, Triftstraße 37–38, 13509 Berlin.
By placing an order, the Customer accepts these terms and conditions. Any differing terms of the Customer apply only if expressly accepted in text form.
The goods remain the Contractor’s property until all claims arising from the contract have been paid in full.

2. Formation of the contract

The contract is concluded only upon receipt of the Contractor’s order confirmation.
Oral orders, telephone commitments and quotations confirmed by email constitute a binding declaration by the Customer of their intention to conclude a contract.
The order confirmation, including the specification and delivery terms, is an integral part of the contract.
The Customer must carefully check the order confirmation and all contractual documents promptly upon receipt, in particular dimensions, quantities, specifications, colours, opening directions and technical details.
By paying the agreed deposit or the full amount, the Customer confirms that the order documents are correct and complete unless they have previously objected in writing.
Drawings, sketches, visualisations and illustrations serve for illustration and planning. Only the specification in the final order confirmation determines the production scope.
Illustrations, product photos and visualisations may differ from the actual specification because of technical representation, screen variations or production differences, insofar as this is reasonable for the Customer.
The Contractor’s quotations are subject to change and non-binding. A contract is concluded only through the Contractor’s written order confirmation.
Only products expressly marked “ready for immediate dispatch”, “in stock” or with a short delivery time at the time of ordering qualify as immediately available stock. Products with longer lead times, particularly those stated as more than 10 working days, are often procured, prepared, processed or picked specifically for the customer’s order. Internal procurement, logistics, transport, picking, packaging, coating or processing costs may arise immediately after ordering.
For unauthorised disclosure, reproduction or use of the documents, the Contractor may claim damages of at least EUR 200.00 plus statutory VAT, unless greater damage is proven.
Where the Customer has no statutory or contractual right to withdraw, cancellation requires the Contractor’s consent. Planning, administration, production, material and processing costs already incurred must be reimbursed. The Contractor may charge a reasonable flat cancellation fee, with a minimum of EUR 400.00 plus statutory VAT unless the Customer proves that no damage or substantially less damage was incurred.

3. Delivery terms, lead times and unloading

3.1 General delivery terms

Delivery takes place exclusively under the Contractor’s delivery terms below.
Fence and gate installations are normally delivered by a freight carrier as groupage freight. Their size, weight and packaging require special arrangements by the Customer.
Unless otherwise agreed, goods are delivered to the kerbside.
The Customer must ensure that:
- the delivery address is accessible to heavy delivery vehicles,
- an authorised recipient is present on the delivery day,
- sufficient helpers or suitable unloading equipment are available.
Unloading is normally the Customer’s responsibility. The driver is not obliged to assist.
Large gates or heavy components may require additional helpers or suitable lifting equipment.
An unloading service or crane vehicle can be arranged for an additional fee if agreed in writing before production or dispatch begins.

3.2 Delivery dates and lead times

Lead times are non-binding estimates unless expressly confirmed as binding in writing.
Custom-made fence and gate installations normally have production and delivery lead times of approximately 6 to 9 weeks.
Delivery dates and time windows are for guidance only. For freight deliveries, availability throughout the delivery day must be ensured.
Delivery dates are communicated exclusively by email to the address supplied by the Customer.
The Customer must inform the Contractor in good time of periods when receipt of goods is not possible.
Partial deliveries are permitted where reasonable for the Customer.
Delays caused by force majeure, material shortages, production disruption, strikes, transport problems, pandemics or other unforeseen events extend the delivery period appropriately.
Claims for damages due to delivery delays are excluded unless the delay results from intentional or grossly negligent conduct by the Contractor.
The Contractor does not guarantee fixed delivery or completion dates unless expressly agreed as binding in writing.
Delivery times for custom-made fence and gate systems may vary due to production, materials and transport. The Contractor accepts no liability for consequential losses or costs caused by a delivery delay, in particular:
contractual penalties,
• rental or storage costs,
• personnel costs,
• loss of use,
• lost profit,
• rescheduled holidays or appointments,
• costs of external service providers.

These limitations do not apply to intent, gross negligence or injury to life, body or health.

Withdrawal due to a delivery delay is permitted only after a reasonable additional period has been set in writing.

3.3 Failure to accept delivery and unsuccessful delivery

If delivery fails for reasons attributable to the Customer, the Customer bears the additional costs, particularly for:

return transport,
redelivery,
transhipment,
storage,
carrier waiting time.

3.4 Inspection and transport damage

The Customer must check the goods for completeness and visible damage immediately upon receipt.
For business Customers within Section 14 BGB, the inspection and notification duties under Section 377 HGB also apply. Obvious defects must be reported in writing without delay, within 5 working days of receipt at the latest. Hidden defects must be reported in writing immediately upon discovery.

Obvious transport damage, shortages or packaging damage must be documented with the driver upon arrival and reported to the Contractor in writing without delay.
The Customer must remove stretch film and protective packaging completely soon after delivery.
Extended storage in stretch film may cause surface or coating damage, particularly from sunlight or heat.
Hidden damage must be reported in writing immediately upon discovery.
Photographs taken in the driver’s presence are recommended to document damage.

3.5 Transfer of risk for business Customers

For business Customers, the risk of accidental loss or deterioration passes to the Customer when the goods are handed to the freight carrier or transporter.

4. Prices and payment terms

Unless otherwise stated, all prices are in euros and include statutory VAT.
Quotations, prices and delivery times are non-binding until written order confirmation.
Unless otherwise agreed, payment is due in advance.
The Contractor may request a deposit for custom-made products.
Statutory late-payment rules apply if the Customer defaults. The Contractor may charge reminder fees and default interest.
Individually calculated quotations and custom products may differ from general price lists or standard prices.

5. Statutory warranty, guarantees and complaints

Statutory warranty rights apply.
Only the specification in the final order confirmation determines the product’s execution. Drawings, sketches, visualisations and product photographs are illustrative and do not constitute a binding agreement on product characteristics.
Variations customary in trade or resulting from production or materials, particularly in colour, finish, texture, galvanising, powder coating, dimensional tolerances or welds, are not defects if usability is not substantially impaired.
The Customer must check the goods for completeness and visible defects immediately upon receipt.
Complaints and defects must be reported in writing without delay. Clear photos or videos and a description of the defect are needed to process the complaint.
Processing complaints may take up to 14 calendar days, particularly if technical checks or consultation with manufacturers and suppliers are needed.
Goods already processed, installed, altered or damaged may be the subject of a complaint only if the defect was clearly not identifiable before processing.
If defects are found during processing or installation, work must stop immediately.
There is no right to withdraw for minor or purely visual defects that do not substantially impair function, stability or usability.
Withdrawal due to a defect is permitted only after the Contractor has been granted a reasonable period to repair or replace the goods and remedial performance has failed or been refused.
For a justified defect, the Contractor is entitled to provide remedial performance by repair or replacement, at the Contractor’s choice.
If remedy requires new production, normal production and delivery lead times apply.
If return is necessary, the Customer must prepare the goods for safe transport. Preparation and loading are the Customer’s responsibility.
Warranty claims are excluded in particular for:

natural wear,
improper storage,
incorrect installation or processing,
excessive strain,
unauthorised alterations,
welding, drilling or conversion work,
unsuitable ground or foundations,
damage caused by third parties.

15. Claims for damages are governed exclusively by statutory provisions unless these terms provide otherwise.

16. For business Customers, the warranty period is one year from delivery insofar as legally permitted. Statutory limitation periods apply to consumers.

17. Any manufacturer’s guarantee for an individual product is governed exclusively by the guarantee terms in its specification.

6. Referrals to installation companies and external service providers (where such referrals are made)

Where an external company is referred at the Customer’s express request, only the customer data needed to prepare a quotation, such as address, contact details and service information, is forwarded in accordance with data protection requirements.
The Contractor acts solely as supplier and is responsible for delivery or handover of the goods. The Contractor does not provide installation or construction services.
If the Customer requests an installation quotation, the Contractor checks the availability of suitable service providers in the region. If a company is available, its offer is referred to the Customer. If the Customer commissions the third party, that company invoices its service separately.
Where goods are ordered together with a third-party service, the Contractor is responsible only for supplying or handing over defect-free goods. Complaints about installation must be addressed to the external service provider; complaints about defects in the goods must be addressed to the Contractor.

7. Product characteristics and fence and gate information

Custom-made fence and gate systems may differ from standard versions. Minor variations in dimensions, colour, texture or equipment that do not impair function or usability are not defects.
Before contracting, the Customer must disclose special requirements for gates and fences, particularly concerning:
- opening direction,
- slope,
- anti-climb protection,
- access technology,
- automatic operation,
- ground stops,
- gate retainers, hinges or special equipment.
  This information must be provided before the contract is concluded. Without specific instructions, gates and fences are supplied in standard form.
Gates with a ground bolt have locking from the inside (property side) as standard.
Unless otherwise agreed, automatic gates are supplied without accessories for manual locking systems.
Operating instructions, foundation plans and technical documents are normally provided electronically.
Fence and gate systems must be installed professionally in accordance with the relevant installation and safety instructions. This applies particularly to electric gate drives and additional electrical components.
Proposed accessories and automatic drives are suggestions. The Customer is responsible for selecting suitable drives and accessories. Drives already installed or used cannot be exchanged.
Steel moves with temperature changes, which may cause expansion or changes to gate adjustments. This is not a defect. Required readjustments can be made using adjustable fittings.
Hollow profiles, posts, gate frames and other steel profiles may contain metal shavings, residues or production dust. After installation or raising the elements, residues can become dislodged and appear near openings or drainage points as local dirt or superficial corrosion.
These are customary production-related effects, not product defects. The Customer must clean the elements after installation and again a few days later to remove production residues.
Minor visual coating irregularities, particularly local paint cracks, touch-ups, shading, weld marks or unevenness not clearly visible from three metres in daylight, do not constitute grounds for a complaint.
Failure to clean may cause superficial discolouration or local damage that does not constitute a warranty claim.
Powder-coated or galvanised parts may have minor production-related visual differences, visible welds, touch-ups, local paint cracks, zinc runs, shading or differing surface textures. These customary effects are not defects if function or corrosion resistance is unaffected. 13a. Minor local paint damage, micro-scratches, stress cracks, small paint imperfections or minimal surface damage that do not impair function, corrosion resistance or usability, and can be professionally remedied with customary touch-up products such as a paint pen, repair paint or spray, are not substantial defects. Minor damage or wear arising only after unloading, on-site transport, storage, installation or processing is not covered by warranty.
A full remake or replacement cannot normally be demanded for such minor visual effects where function, corrosion resistance and usability are unaffected.
Hot-dip galvanised products to DIN EN ISO 1461 may have the following typical features:

varying surface textures,
colour or gloss differences,
white rust,
zinc runs,
run marks,
crystalline or striped patterns.

Fences and gates with dense or closed infills may develop a “sail effect” under high wind loads, placing increased forces on posts, foundations, fittings and gates.
For tall or opaque installations in particular, the Customer must consider local wind and site conditions. Open or partly open systems are recommended for very exposed sites.
Checking ground conditions, foundation design, wind zone, structural suitability and proper installation is the Customer’s or installation company’s responsibility unless the Contractor has separately agreed to provide structural planning or installation.
During storm warnings or exceptional weather, gates and fence elements may need additional securing or retaining in the open position.
Damage caused by exceptional wind loads, storms, inadequate securing or unsuitable site conditions is not a product defect and is not covered by warranty.
Fully opaque installations over 1400 mm high are not recommended on wind-exposed sites. If the Customer nevertheless requests them, this is expressly at the Customer’s responsibility.
Production-related differences in the appearance of individual galvanised or powder-coated elements within a delivery are possible and are not defects.
Plastic mesh holders, blind rivet nuts and other fixing systems may have minor production-related tolerances or variations. These are not defects where function is unaffected.

8. Consumer withdrawal rights

For products not marked as immediately dispatchable stock, customer-specific procurement, relocation, picking, coating, packaging or dispatch preparation may begin immediately after the contract is concluded.

Products individually coated, processed, adapted or specifically prepared for the Customer after ordering are considered customer-specific goods within Section 312g(2)(1) BGB. There is no statutory withdrawal right for such goods.

If customer-specific procured or prepared goods are cancelled outside a statutory withdrawal right, or individually processed goods are excluded from withdrawal, the Contractor may claim expenses and losses already incurred insofar as legally permitted.

This applies in particular to:

internal transport costs,
relocation and storage costs,
pallet and packaging costs,
picking and logistics effort,
procurement costs,
coating or processing costs,
dispatch preparation costs.

The Customer may prove that no expense or substantially less expense was incurred.

The statutory withdrawal right does not apply to goods made individually, manufactured to the Customer’s specifications or clearly tailored to their personal needs (Section 312g(2)(1) BGB).

This includes custom fence and gate installations, bespoke systems, special powder-coating colours and specifically configured systems.

The Customer bears the direct cost of returning the goods. For goods unsuitable for parcel shipping, particularly fences and gates, return costs are at least the undiscounted cost of the original outward delivery.

Consumer withdrawal information: You may withdraw from this contract within fourteen days without giving a reason. The period is fourteen days from the date on which you or a third party designated by you, other than the carrier, takes possession of the goods. To exercise this right, you must inform us (Flari GmbH, Triftstraße 37-38, 13509 Berlin, info@zaun-factory.de) of your decision by a clear statement, such as a letter sent by post or an email. Sending your withdrawal notice before the deadline is sufficient. Effects of withdrawal: We will refund all payments received from you, including outward delivery costs, without undue delay and at the latest fourteen days after receiving your notice. We will use the same payment method as the original transaction unless expressly agreed otherwise; no refund fee will be charged. We may withhold repayment until we receive the goods back or you provide evidence of return to Flari GmbH, Triftstraße 37-38, 13509 Berlin. The deadline is met if you send the goods before the fourteen-day period expires. End of withdrawal information.

9. Severability

If any provision of this contract is invalid, the validity of the remaining contract is unaffected.