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.
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).
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.
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.
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.
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.
9. 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.
10. 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.
11. 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.
12. Data Protection
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.
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.