Terms of service

General Terms and Conditions (GTC) of Fonteino OÜ

Effective: 28/10/2024

  1. Scope

These General Terms and Conditions (GTC) apply to all orders placed by customers via the online shop www.fonteino.com.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

  1. Contracting Party and Contact

The purchase contract is concluded with:

Fonteino OÜ
Managing Director: Olha Patsiuk
Harju maakond, Lasnamäe linnaosa, Betooni tn 7
EE-13816 Tallinn, Estonia
E-Mail: shop@fonteino.com

  1. Conclusion of Contract in the Shopify Shop

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order (non-binding online catalog).
By clicking the “Buy now” / “Order with obligation to pay” button, the customer submits a binding order for the items in the shopping cart.
The order confirmation, which the customer receives immediately after placing the order, does not yet constitute acceptance, but merely informs about receipt of the order.
The purchase contract is only concluded when Fonteino OÜ issues a separate order confirmation or dispatches the goods.
The contract language is German. Other languages may be offered in the shop.

  1. Prices and Payment Terms

All prices are stated in euros and include statutory VAT for consumers. For entrepreneurs, prices are quoted net, plus VAT.
The payment methods available are those offered during the order process, in particular PayPal, Klarna, Stripe, or credit card. The charge takes place immediately upon order placement.

  1. Delivery and Transfer of Risk

Delivery is made within Germany and to other EU countries. Unless otherwise specified, delivery takes 3–7 business days from receipt of payment.
Shipping and returns are handled via our German fulfillment partner.
For consumers, the risk of accidental loss or deterioration passes upon delivery to the consumer. For entrepreneurs, risk passes upon handover to the carrier.

  1. Retention of Title

The goods remain the property of Fonteino OÜ until full payment has been received.
For entrepreneurs: the goods remain the property of Fonteino OÜ until all claims from the ongoing business relationship have been fully settled.

  1. Right of Withdrawal for Consumers

Withdrawal Policy:
Consumers have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which the consumer or a third party named by the consumer takes possession of the goods.
Returns are handled via our German fulfillment partner.

To exercise your right of withdrawal, you must notify us at the following return and withdrawal address:

Fonteino OÜ
c/o WO-WE
Lahnweg 5
35232 Dautphetal
Germany
E-Mail: shop@fonteino.com

via a clear declaration (e.g., letter or email) of your decision to withdraw. To meet the deadline, it is sufficient to send the notification before the withdrawal period expires. Please return goods exclusively to the above address.

Consequences of Withdrawal:
If you withdraw from this contract, we will refund all payments received, including delivery costs, without undue delay and at the latest within 14 days from the day we receive your withdrawal notice.
Refunds will be made using the same means of payment as used in the original transaction, unless otherwise expressly agreed.
We may withhold reimbursement until we have received the goods back or you have provided proof of return.
You bear the direct costs of returning the goods.

Sample Withdrawal Form:
(If you wish to withdraw from the contract, please complete this form and send it back.)

– To Fonteino OÜ, return address: c/o WO-WE, Lahnweg 5, 35232 Dautphetal, Germany, E-Mail: shop@fonteino.com
– I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods: …
– Ordered on … / received on …
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if sent on paper)
– Date

No right of withdrawal exists for entrepreneurs (B2B).

  1. Warranty (Liability for Defects)

For consumers, the statutory provisions apply (2 years from delivery).
For entrepreneurs: the warranty period is 12 months. Entrepreneurs must inspect the goods immediately upon delivery and notify Fonteino OÜ in writing of any defects within 3 business days. Hidden defects must also be reported within 3 business days of discovery. Failure to comply will result in the goods being deemed accepted.
For paints and coatings, entrepreneurs are obliged to carry out a test application before large-scale use. If this is not done, claims for recognizable defects are excluded.

  1. Liability

Fonteino OÜ is fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
In cases of slight negligence, liability is limited to foreseeable, typical damages under the contract.
For entrepreneurs, liability for consequential damages – in particular the costs of reapplication, wages, scaffolding costs, or production downtime – is excluded to the extent permitted by law.

  1. Governing Law and Jurisdiction

Estonian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence.
If the customer is an entrepreneur, the place of jurisdiction is, at the choice of Fonteino OÜ, either the registered office of Fonteino OÜ or the entrepreneur’s registered office.

  1. Final Provisions

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.