1. General

1.1 Relevant Entity and References


These general terms and conditions (“general terms”) are those of FERRONATO & FERRONATO, a Swiss company limited by shares, or Aktiengesellschaft, hereinafter referred to as “FERRONATO”,

Having its registered office at
Sonnenbergstrasse 11
6052 Hergiswil (NW)
Switzerland

In the general terms, the terms “we”, “us” or “our” refer to FERRONATO.

The terms “you” or “your” refer to the customer purchasing a product from us.

1.2 Scope of Application

These general terms and conditions of sale apply to all offers and agreements made or concluded on the website www.ferronato.swiss (“website”) and its extensions and/or by phone between FERRONATO and the customer (“Customer”, “you”).

The purchase of any product or service on the website is subject to the general terms. The applicability of any other terms and conditions is excluded, irrespective of their nature and of ‘without limitation’-clauses. Standard terms and conditions that are mentioned in the Customer’s order request, e-mail, or comments, as well as standard terms and conditions placed on any documents received from Customer by FERRONATO, have no contractual effect.

For certain products or services FERRONATO may use specific terms and conditions that deviate from these general terms and conditions. In that case, those specific terms and conditions will apply.

2. Prices & Marketing Communications.

The prices on our website are in Euros and include statutory Value Added Tax (VAT). Except in the cases of reimbursement issued i) within the context of exercising the right of withdrawal or ii) due to lack of conformity and hidden defects, FERRONATO will not reimburse the VAT applied on the purchases made on the website (even in the event where the buyer, after receipt of the Products, re-exports them to a country located outside the European Union). The shipping cost is not included in the price unless this is clearly stated on the product page.

We may at times feature our products or services in special offers, advertisements, external websites or other communications. Even though we prepare the content of our communications with care, it is possible that the price or other information related to the product or service does not or does no longer reflect the price or information given on the website. The price on the moment of purchase in the currency shown (EUR), given by the checkout system in the website, is the applicable price.

While every effort is made to ensure that the color and design of the products in the images displayed on the website, accurately match the original products, the images of the products on the Website are for illustrative purposes only, and we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products. Consequently, FERRONATO shall not be held liable for any error or insubstantial inaccuracy in the photographs or graphic representations of the products included on the website. In the event of queries regarding the Products, you may of course contact our customer service.

3. Orders

When you place an order on the website, after having reviewed and accepted our general terms and privacy policy, you are making us a specific offer to purchase products at the indicated price. When you order more than one product, your order constitutes several individual offers to purchase each product separately.

At the time of validation of the order, there may be a difference between the stock available electronically and the existing physical stock (for example in the case of simultaneous orders for the same product by several customers). The sale is therefore conditional on the availability of the Products in stock.

After placing your order, you will see a confirmation web page and you will receive an e-mail to confirm that we have received your order (“Order Confirmation”), at which point an agreement between us is formed. All orders are subject to availability and confirmation of the order price, and we may need to cancel (part of) your order if the product is not available (at the indicated price). If a product is unavailable after ordering, we will inform you of such unavailability by e-mail or by phone as soon as possible. You will then be presented with the choice to order an alternative product from the Website or to cancel your order.

While we hope to be able to deliver all products that you have ordered, we reserve the right to, at our discretion and without the need to provide reasons, cancel the order and our agreement at any time.We will notify you as soon as reasonably possible should we have refused or cancelled your order, and any amount already paid (unduly) will be refunded.

We shall not be held liable for cancellations or if products are out of stock or unavailable. If you do not wish to receive an alternative product or voucher, the only option is to cancel the order for a full refund.

In your Order Confirmation you can see the details of your order. We ask you to please verify that the order is correct. If any mistakes were made, please contact us through the e-mail address or phone number provided on the ‘contact’ section on the website, keeping your details such as order number at hand.

4. Retention of Title

FERRONATO retains the ownership of all goods delivered until all fees associated with the purchase of the goods have been paid and received. This means that all products remain our property until you have paid all fees for the purchase of the product, particularly including the purchase price and transport costs.

However, you assume the risks (in particular regarding loss, theft or damage) related to the products from the moment they are delivered to the address specified when placing your order (in case of delivery to a postal address) or from the moment of collection at a store (in case of in-store collection).

5. Pre-orders

Pre-ordering items allows you to get early access to the next release of new and exclusive product launches. For pre-ordered items, we will always indicate an estimated release date on the website andkeep you informed by email or phone of the latest updates. These release dates are estimations, andno rights can be derived from them

As soon as your item has been released and is ready to be shipped, you’ll receive an email with the estimated delivery date, as indicated by the carrier.

Pre-order items require full payment at checkout as these items are often hand-made or in limited supply. You can cancel a pre-order without reasons, but only within twelve hours from the purchase, by contacting our customer service team through the contact details on the website, after which deadline cancellations are no longer possible.

If you have exceeded the twelve-hour timeframe but still wish to cancel, please get in touch with our customer service team who will cancel the order for you if possible, or work to provide you with a satisfying alternative solution.

6. Payment

When buying products via our website, you can pay when placing your order by any method of payment accepted by us on the website, notably including PayPal and debit or credit cards via Stripe. We may in specific cases, without the need to give reasons, decide not to offer certain methods of payment that may or may not otherwise be available to particular customers or for particular order amounts. We will contact you if there are any problems with the payment or card details provided during the order process.

The price payable is the price indicated on the website at the moment you place your order, unless otherwise indicated in these general terms.

7. Errors

Even though we take care to ensure that all prices and information on the website are accurate, errors may occur. If we discover an error in the price or information of a product you have ordered, we will inform you of this fact as soon as reasonably possible. You may re-confirm the order with the amended and correct price or information, or you may cancel your order.

Should we be unable to reach you regarding the error using the contact details you provided, we willtreat your order as cancelled and notify you by e-mail.

8. Delivery

You will pay the delivery fees during the payment process on the website.

All information we provide about availability and delivery dates is non-binding, our shipping partners or FERRONATO provide this information by way of indication only.

We strive to deliver the products you ordered as soon as possible, but do not guarantee the indicated delivery date. If full payment has not been received or if there was a problem with the payment we reserve the right not to ship the product you ordered until all outstanding payments have been settled.

‍If you were not there to take delivery and did not pick up your product from a pick-up point or if yourefused to take delivery, the product will be sent back to us. We will then reimburse you the amount youpaid with a deduction of the delivery service charge and a flat processing charge of 20 CHF or 15 EUR,depnding on the currency you made the purchase in. Please contact us if there is a valid reason formissing or refusing delivery as we may be able to forego the processing charge.

On delivery you will have to check the condition of the packaging and whether the correct number of packages have been delivered. If anything is wrong or missing, you can contact us and we will send anew shipment for missing items and we will take damaged or incorrect items back and replace them free of charge (“promise to replace”). It is your responsibility to inform us within 7 days of receipt of the delivery about any damaged, missing or incorrect goods for the promise to replace to apply.

Our promise to replace the product does not apply if you have used the product improperly or if you have made any alterations to the product.

9. Cancelling Your Order and Returning Goods

9.1 Right of Return
Subject to clause 5. and the exceptions under 9.2.

If you have ordered a product that you wish to return, you may withdraw from the agreement and return the product to us within 14 days of receiving the shipping confirmation with tracking number, regardless of your reasons for doing so, by notifying us clearly. This does not apply to pre-orders or if you ordered a product that has been custom made for you.

During these 14 days, you agree to treat the product and its packaging with care and only unpack or use the product insofar as this is reasonably needed to determine the nature, characteristics or functioning of the product as you would be permitted to do in a store.

Any (mis)use of the product that is not reasonably needed, leading to the depreciation of the product can lead to your liability for the depreciation amount.

You agree to take reasonable care of the goods.

If you wish to exercise your right of return, please contact our customer service team and ensure you keep the products in their original condition and packaging.

When returning goods, we strongly advise you to opt for an insured method of shipment, as any risk and liability for the return of the products lies with you until we have received them.

Once we have received the returned goods, we will reimburse you for the sum of the purchase price and paid delivery costs as soon as reasonably possible.

9.2 Exclusion to Right of Return

You may not exercise your right of return on purchases of products that are sealed, for example in plastic, for health or hygiene reasons, after opening or damaging their packaging. The nature of these products is such that they are not suitable for being returned once the product has been opened, unsealed or used, except when the products are returned because they are defective.

Face masks, disposable masks, protective masks, medical masks, surgical masks or respirators in particular may not be returned if the final packaging, which tends to be a transparent plastic packaging protecting them from external influences or contamination, has been opened.

10. Availability

We reserve the right to, at any time, amend or stop providing the website or to stop selling any or all goods via the website, with or without notice. We will not be liable for the modification, suspension or discontinuance of the website.

11. Digital Security

We strive to keep our website safe and free from viruses but we do not guarantee that the website is free from malicious content. For your own security, always take measures to ensure your digital safety, for example by installing the appropriate software that protects your device from malicious content on the internet.

12. Events Beyond Our Reasonable Control

We do not accept liability for delays, non-performance or inability to comply with these general terms if this was caused by an event outside of our control.

‘Events outside of our control’ are deemed to include at least all those events determined by existing case law, but specifically include strikes, fire or water damage, natural disasters, war, government measures, pandemics, epidemics and other crisis situations.

13. Intellectual Property

All intellectual property rights contained in or displayed on the website, including but not limited to surface patterns, product designs and the FERRONATO logo or slogans, are our property.

The Customer may not make any alterations to goods or otherwise bring goods into the market as if they were the manufacturer, unless we have given signed authorization in writing.

14. Data Protection

What we do with your personal information is contained in our privacy policy. Our privacy policy may change from time to time.

15. Amendments

We reserve the right to amend the general terms at any time. These changes will only apply to the purchase of products or services made after the amendment.

The date of latest amendment is always indicated on these general terms.

16. Other

If any provision or partial provisions of these general terms become void, nullified or obsolete, the other provisions of these general terms shall remain fully applicable. We will replace said (partial) provision with a valid provision, of which the purpose, purport and the legal effect most closely resembles that of the original provision.

All agreements entered into through the Website between you and FERRONATO, including the provisions of these general terms, shall be subject to Swiss law. The application of the Convention onContracts for the International Sale of Goods (Vienna, 1980) is hereby explicitly excluded.

In the unlikely event that we are unable to resolve a dispute together, the dispute will be submitted exclusively to the Swiss court.

For the interpretation of the contents and purport of our general terms, the English version thereof shall be decisive.

Ferronato