General Terms and Conditions of Sale
1. General
1.1 Relevant Entity and References
These general terms and conditions (“general terms”) apply to the use of and all purchases made on or through the Ferronato online store on https://ferronato-switzerland.com and any of its regional extensions and versions. When you make purchases through the Ferronato online store, you are entering into an agreement with the legal entity corresponding to your region and the region of the webshop you have chosen. Depending on the destination country and webshop used, your contract will be concluded with one of the following legal entities (each referred to in these general terms as “FERRONATO”):
1.1.a For the Swiss online store and for customers ordering from Switzerland or Liechtenstein:
FERRONATO & FERRONATO 1906, a Swiss company limited by shares (Société Anonyme)
Registered office:
Rue du Château 27
1616 Attalens
Switzerland
1.1.b For the United States online store and customers ordering from the US:
KGS DIAMOND INC, a corporation incorporated under the laws of the State of South Carolina
Registered office:
2781 The Boulevard
29209 Columbia, SC
USA
1.1.c For the European Union online store and for customers ordering from the UK, Canada and Rest-of-World:
FERRONATO INTERNATIONAL, a Dutch company limited by shares (B.V.)
Registered office:
Industriestraat 2
8081HG ELBURG
NETHERLANDS
Each online store is operated by the corresponding legal entity, and whenever you make a purchase through a Ferronato regional online store, or have your order shipped to the corresponding region, you enter into a purchase agreement with the legal entity responsible for the region to which your order is shipped, as set out above.
In the general terms, the terms “we”, “us”, “Ferronato” 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 http://www.ferronato-switzerland.com/ (“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 expressly rejected, 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 the currency indicated on the website and in Euros in the absence of such indication. For web visitors from the United States, prices indicated on our website do not include taxes and Value Added Tax (VAT) (or equivalent sales tax) is added during checkout. For web visitors from the rest of the world, prices include statutory 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 a clear written statement to the contrary is made by Ferronato on the website.
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, 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 device’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 and keep you informed by email or phone of the latest updates. These release dates are estimations, and no 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
You can pay for your order at checkout using any payment methods shown on our website, including credit cards, Apple Pay, and Google Pay, processed securely via Shopify Payments.
From time to time, we may limit which payment options appear at checkout, this can depend on the order details or amount. If your preferred method isn’t available, it simply means it isn’t offered for that purchase.
If we notice any issue with your payment or card details during the order process, we’ll contact you promptly.
7. Errors, inaccuracies and omissions
Even though we take care to ensure that all prices and information on the website are accurate, occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. Delivery
You will pay the delivery fees during the payment process on the website.
Standard shipping is free of charge if the destination is within Europe, Switzerland, Liechtenstein, the United States, Canada or the United Kingdom.
For all other destinations the shipping cost is based on order weight:
- 0–1 kg: 40 CHF*
- Over 1kg–2 kg: 60 CHF*
- Over 2 kg and above: 80 CHF*
*Conversion rates may apply.
All information we provide about availability and delivery dates is non-binding, our shipping partners and/or FERRONATO provide this information by way of indication only.
All delivery times provided on our website, by our customer service, or by our logistics partners are indicative only and are not guaranteed. Ferronato and its shipping partners strive to meet the indicated timelines; however, delays may occur due to carrier availability, customs procedures, holidays, or other unforeseen circumstances. Ferronato shall not be held liable for any direct or indirect losses resulting from a delay in delivery. 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. Ferronato is under no obligation to dispatch any goods prior to receipt of payment in full.
If you were not there to take delivery and did not pick up your product from a pick-up point or if you refused to take delivery, the product will be sent back to us. We will then either reimburse you the amount you paid with a deduction of the delivery service charge and a flat processing charge of 20 CHF or, if mutually agreed, we will try shipping again (costs borne by the customer). You are encouraged to notify Ferronato in writing, if the delivery was missed or refused due to exceptional or justified circumstances. Ferronato may, at its sole discretion, waive the processing fee.
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 a new 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. of our general terms and conditions and to 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 calendar days of the delivery date for a refund, regardless of your reasons for doing so, subject to the terms and limitations set out below.
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 physical retail store.
Original shipping fees, customs duties, import taxes, and handling charges paid by the Customer at the time of delivery are non-refundable, unless otherwise required by applicable law or expressly granted by Ferronato in the Return Policy.
Likewise, any customs duties, import taxes, or handling charges incurred when returning the product to Ferronato, including those levied upon re-import into Switzerland or the EU, are the Customer’s responsibility and will not be reimbursed by Ferronato.
Any refund granted will cover only the purchase price of the product, subject to any deductions for diminished value as described in these Terms.
Returned products must be in their original condition and packaging. Ferronato has the sole discretion in determining, in accordance with clear quality guidelines, whether the returned product is considered in original condition.
Any (mis)use of the product that is not reasonably needed, leading to the depreciation of the product can lead to a deduction of the refund for the depreciated amount.
If you wish to exercise your right of return, you must first contact Ferronato’s customer care team at customercare@ferronato.swiss to notify Ferronato of the intended return and receive return instructions. Please ensure that you keep the products in their original condition and packaging to avoid deductions.
When returning products without a prepaid return label provided by Ferronato, the customer remains fully responsible for the goods until they are received by Ferronato at the specified return address.
Customers are strongly advised to use a tracked and insured shipping method that covers the full retail value of the product. Ferronato will not assume any liability for returns that are lost, stolen, or damaged in transit.
Returning the product to us is free of charge only if the return is for a reason covered under the exclusive Ferronato Global Warranty (“warranty reason”) or in those situations expressly mentioned by Ferronato in its Return Policy.
Once we have received the returned goods, we will reimburse you for the purchase price of the product and, if the return was for a warranty reason, for the costs of the return delivery 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.
You may similarly not exercise your right of return on pre-ordered or on personalized goods, i.e. goods that have been engraved or otherwise tailor-made. The nature of these products is such that they are not suitable for being returned, except if the products are returned because of a defect.
9.3 Warranty-based returns
Returns under the Ferronato Global Warranty must be requested within the time frame and according to the conditions set forth in the warranty.
If a return is accepted as a warranty claim, Ferronato will reimburse the customer for the full purchase price (not including shipping cost) and, where applicable and at Ferronato’s discretion, for the return shipping cost, provided a reasonable method of return is chosen.
Returns that do not fall under warranty terms are subject to Ferronato’s standard return policy.
Ferronato's Replacement Guarantee and Global Warranty do not apply in the following cases:
If the product has been used improperly, mishandled, or not used in accordance with care instructions;
If the product has been modified, altered, or repaired by a party other than Ferronato or an authorized agent; If the damage results from wear and tear, accident, or misuse.
Ferronato reserves the right to inspect the returned product and to determine, at its sole discretion, whether the conditions for replacement or warranty coverage are met.
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. Warranty
Certain Ferronato products are covered by our limited manufacturer’s warranty, the terms of which are outlined in our separate Ferronato Warranty Policy (“Ferronato Warranty”). This warranty provides additional rights alongside, but separate from, any legal consumer protections that may apply.
Please refer to the Ferronato Warranty for details on eligibility, duration, and exclusions.
12. Disclaimer of warranties and Limitation of liability
We do not guarantee, represent, or warrant that your use of the Ferronato website or service will be uninterrupted, timely, secure, or error-free. We also do not warrant that any results obtained through the website will be accurate, complete, or reliable. You acknowledge and agree that we may, from time to time and without prior notice, suspend, modify, or discontinue the (web) service (or any part of it), either temporarily or permanently.
You expressly agree that your use of—or inability to use—the service is at your sole risk.
Except as expressly stated in the Ferronato Warranty, the service and all products provided through the service are offered “as is” and “as available”, without any representations, warranties, or conditions of any kind, whether express or implied.
This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by law, Ferronato and its affiliates, officers, directors, employees, agents, contractors, suppliers, and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to:
lost profits, lost revenue, lost savings, data loss, replacement costs, or other damages arising from your use of the service or any product obtained through it—regardless of the legal theory (contract, tort, negligence, or otherwise)—even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.
13. 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.
14. 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.
15. 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.
16. Data Protection
What we do with your personal information is contained in our privacy policy. Our privacy policy may change from time to time.
17. 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.
18. 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.
These general terms and all purchase agreements concluded via the Ferronato online store are governed by the laws of the country in which the responsible Ferronato entity (as defined in Article 1.1) has its registered office. The application of the Convention on Contracts 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 exclusively submitted to the courts of the jurisdiction of the relevant, without prejudice to any mandatory consumer protections under the law of your country of residence.
In case of any uncertainty or dispute regarding the applicable legal entity, governing law, or jurisdiction, the parties agree that Swiss law shall apply and the courts of Fribourg, Switzerland shall have exclusive jurisdiction.
For the interpretation of the contents and purport of our general terms, the English version thereof shall be decisive.