Terms of service

General Terms and Conditions and Customer Information

Version: 15/06/2026

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Fonteino OÜ) via the website www.fonteino.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, acting in the exercise of their independent commercial or professional activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or a similarly designated button) and entering your personal data as well as the payment and shipping information, the order details will be displayed as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary either on the instant payment provider's website or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (including by using your browser's "Back" function), or cancel the order.

By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy Now", "Place Paid Order", "Pay" / "Pay Now", or a similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.

(4) Your requests for the preparation of an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

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

§ 3 Special Provisions for Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be 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 available through PayPal are displayed under the corresponding button on our website and during the online ordering process. PayPal may use additional payment services for payment processing; where special payment terms apply, you will be informed of these separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

(2) Payment via "Shopify Payments"
If you select a payment method offered through "Shopify Payments", the Shopify Payments service provided by Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods available through Shopify Payments are displayed under the corresponding button on our website and during the online ordering process. Stripe may use additional payment services for payment processing; where special payment terms apply, you will be informed of these separately. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de (https://www.shopify.com/de/legal/terms-payments/de).

§ 4 Provision of Gift Vouchers (Voucher Terms)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our Legal Notice.

(2) Purchased vouchers entitle you to redeem the voucher value with us during the validity period. Vouchers may only be redeemed in our online shop at www.fonteino.com or, where indicated, in our physical retail store. The service description and redemption conditions applicable at the time of purchase shall apply.

(3) Unless otherwise stated in the respective offer, the voucher is valid for 3 years from the end of the calendar year in which it was purchased.

(4) A voucher can only be redeemed after full payment of the purchase price. During the electronic ordering process on our website, the voucher must be redeemed by entering the voucher code in the designated field. Subsequent crediting is excluded. Any remaining balance will remain on the voucher and may be used for future orders.

(5) Only one voucher may be redeemed per order.

(6) After the withdrawal period has expired or the right of withdrawal has lapsed for consumers, vouchers cannot be refunded or exchanged. Cash payment or partial cash payment of voucher balances is not possible. Voucher balances do not accrue interest. If the statutory right of withdrawal is exercised for goods or services paid for with a voucher, the voucher amount included in the purchase price will only be reissued as a voucher. Unless otherwise stated, the validity period of the reissued voucher corresponds to that of the voucher originally used for the order.

(7) Vouchers may be transferred or assigned to another person.

§ 5 Right of Retention, Retention of Title

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

(2) The goods remain our property until full payment of the purchase price has been received.

(3) If you are an entrepreneur, the following additional provisions apply:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership, pledging or assigning the reserved goods as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed with other items, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory warranty rights for defects shall apply.

(2) As a consumer, you are requested to inspect 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 does not affect your statutory warranty rights.

(3) If any characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following provisions apply instead of the above warranty rules:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public statements, or declarations by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the remedy of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy shall be deemed to have failed after the second unsuccessful attempt unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the case of repair, we are not required to bear the increased costs resulting from transporting the goods to a location other than the place of performance unless such transport corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This limitation does not apply:

- to damages attributable to us arising from injury to life, body, or health, or to other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
- for goods that have been used in accordance with their customary purpose for a building and have caused its defectiveness;
- to statutory recourse claims arising from warranty rights.

d) You must inspect the goods immediately after delivery, insofar as this is feasible in the ordinary course of business, and notify us in text form (e.g., by email to shop@fonteino.com) of any obvious defects, incorrect deliveries, or quantity discrepancies without undue delay, but no later than five business days after delivery. Defects that are not detectable during a proper inspection must be reported in text form immediately after discovery, but no later than five business days after they are discovered. Failure to inspect or notify in due time shall constitute acceptance of the goods with regard to the relevant defect, unless we have fraudulently concealed the defect. Sections 377 and 381 (2) of the German Commercial Code (HGB) remain unaffected for merchants.

e) In the case of paints, varnishes, and other coating materials, you are required to verify the suitability of the goods for their intended purpose by carrying out a test application (in particular, a sample coating on the intended substrate under the intended application conditions) before beginning full-scale application. If you fail to carry out such a test, warranty claims are excluded for defects that would have been recognizable during a proper test application. This does not apply if we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods.

§ 7 Governing Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

(2) The place of performance for all services arising from our business relationship and the place of jurisdiction shall be our registered office, provided that you are not a consumer but 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 residence or habitual place of residence is unknown at the time legal proceedings are initiated. This does not affect the right to bring proceedings before another court having jurisdiction under applicable law.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Fonteino OÜ
Harju County, Lasnamäe District, Betooni St. 7
EE-13816 Tallinn
Estonia
Phone: +49 (0) 6461 9265411
Email: shop@fonteino.com

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the available correction options are governed by the provisions under "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language and Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using your browser's print function. After we receive your order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests made outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer (e.g., by email), which you may print or save electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

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

5.2. Shipping costs are not included in the purchase price. They are available via a corresponding button on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition, unless free shipping has been promised.

5.3. Any costs incurred for money transfers (bank transfer fees or exchange rate fees charged by financial institutions) must be borne by you if delivery is made to an EU Member State but the payment is initiated outside the European Union.

5.4. The payment methods available to you are displayed under the corresponding button on our website or in the respective offer.

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

6. Delivery Conditions

6.1. The delivery conditions, delivery time, and any existing delivery restrictions can be found under the corresponding button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only 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 or another person not designated by the seller to carry out the shipment.

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

7. Statutory Warranty Rights

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