General Terms and Conditions

APPLICATION/SCOPE
These General Terms and Conditions (GTC) govern the conclusion, content and processing of all contracts via the online shop argento-furioso.ch and its customers, unless otherwise agreed in individual cases.

The offer on the argento-furioso.ch website is only aimed at customers from Switzerland. These GTC apply to all customers from the country mentioned.

With the confirmed order, these GTC are deemed to be accepted by the customer.

Any other terms and conditions of the customer shall not apply unless they are expressly recognised in writing by Argento Furioso as an integral part of the contract.

REGISTRATION AND GUEST ACCESS
In order to use the services on the website argento-furioso.ch, the customer must either first register as a user and log in with his user account.

Orders on argento-furioso.ch can only be placed via the Internet.

CONCLUSION OF CONTRACT
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.

By clicking on the button (Order), the customer places a binding order for all products listed on the order page.

Immediately after receiving the order, Argento Furioso confirms the order by e-mail. The contract shall only be deemed to have been concluded upon confirmation by Argento Furioso.

PRICES AND SHIPPING COSTS
Prices are quoted in Swiss francs (CHF). VAT and handling charges are included. Shipping costs and the advance recycling fee are charged separately.

Shipping costs apply to all orders. The exact amount can be found on the invoice.

Argento Furioso reserves the right to change prices at any time. The prices published in the online shop on the order date apply to customers. All prices are non-binding. Liability for erroneous price information is excluded.

If the delivery is resent due to incorrect address details, the customer shall bear the postage costs incurred.

TERMS OF DELIVERY
The customer will be informed accordingly by e-mail from Argento Furioso.

If an order consists of several parcels, Argento Furioso is entitled to make partial deliveries.

Unless otherwise agreed, any shipping and transport costs shall be borne by the Customer. This shall also apply to deliveries abroad with regard to any customs duties, taxes and other charges.

For customers domiciled in Switzerland and business customers:

The benefit and risk of the ordered goods shall pass to the customer upon dispatch of the ordered goods (in the case of dispatch of the goods to the customer) or upon handover to the customer (in the case of collection of the goods by the customer).

Delivery shall be made at the expense and risk of the Customer from the registered office of Argento Furioso or from the place of manufacture of the goods to the address specified by the Customer by post, courier or any other method chosen by Argento Furioso.

If the Customer wishes to have the goods dispatched specially insured, he must inform Argento Furioso of this in writing in advance. The costs of such an agreement shall be borne by the customer.

In his own interest, the customer must immediately notify the transport company in writing of any transport damage, at the same time notifying Argento Furioso.

The customer must inspect the goods received from Argento Furioso within 14 days of receipt of the delivery. If no defects are reported within this period, the goods shall be deemed complete, faultless and approved with regard to visible defects. The same 14-day period shall also apply to hidden defects and shall commence upon discovery of the defects.

TERMS OF PAYMENT
Payment shall be made by invoice.

Goods ordered by invoice are due for payment within 30 days. If Argento Furioso becomes aware of circumstances which appear to affect the customer’s ability to pay (e.g. different delivery address, late payment, creditworthiness problems, ongoing bankruptcy proceedings, etc.), Argento Furioso reserves the right to process orders without an invoice only via the other means of payment specified.

Failure to comply with the payment deadline without an express reminder will result in default of payment and Argento Furioso or the third party provider responsible for invoicing and reminders will be entitled to 1% interest on arrears as well as compensation for all reminder, collection, legal and court costs and other damages. The outstanding invoice amount (including default interest and reminder fees) can be transferred or sold to a third party for collection.

The customer expressly authorises Argento Furioso to make enquiries with third parties for any credit assessment. Argento Furioso will of course treat all data as strictly confidential.

RETENTION OF TITLE
The goods shall remain the property of Argento Furioso until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without the consent of Argento Furioso. Argento Furioso is entitled to obtain a corresponding entry in the retention of title register at the customer’s place of residence or business or to inform third parties of this retention of title by other means.

RIGHT OF WITHDRAWAL
The following right of cancellation applies exclusively to consumers domiciled in Switzerland:

The customer has the right to cancel this contract within 14 days without giving any reason, except in the case of individual customer orders or order-related orders, which are excluded from this right of cancellation. The cancellation period is fourteen days from the day on which he or a third party named by him, who is not the carrier, has taken possession of the goods. If the customer has ordered several goods as part of a single order and these goods are delivered separately, the cancellation period shall not commence until the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods. In the event of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period shall commence on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last partial shipment or the last piece. In the case of a contract for the regular delivery of goods over a fixed period of time, the cancellation period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the first goods. In the case of digital content, the cancellation period begins when the contract is concluded.

In order to exercise his right of cancellation, the customer must inform Argento Furioso of his cancellation by means of a clear declaration (e.g. by letter sent by post, telephone or e-mail).

The customer must send his cancellation to the following address:

Argento Furioso
Oelistrasse 6
CH-6440 Brunnen
Telephone: +41 41 822 03 20
e-mail: contact@argento-furioso.ch

To comply with the cancellation period, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation
If the customer cancels this contract, Argento Furioso will refund all payments for the purchased goods that it has received from the customer, and the customer will be refunded the costs of the cheapest standard delivery offered by Argento Furioso. This refund will be made immediately and at the latest, subject to the situations mentioned below, within fourteen days from the day on which Argento Furioso receives notification of the cancellation of this contract. The same means of payment used by the customer in the original transaction will be used for this refund, unless expressly agreed otherwise with the customer. Under no circumstances will costs be charged for the repayment. Argento Furioso may refuse repayment until it has received the goods back or until the Customer has provided proof that the goods have been returned, whichever is the earlier.
The Customer must return or hand over the goods to Argento Furioso immediately and in any case within fourteen days at the latest from the day on which the Customer notifies Argento Furioso of the cancellation of this contract. The deadline is met if the customer despatches the goods before the period of fourteen days has expired.

If the Customer has requested that services should commence during the cancellation period, the Customer shall pay Argento Furioso a reasonable amount corresponding to the proportion of the services already provided up to the time at which the Customer informed Argento Furioso of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.

The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of cancellation
The right of cancellation does not exist or expires for the following contracts:

for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature.

individual customer orders and order-related orders that have been specially manufactured or procured for the customer.

digital content that is not delivered on a physical data carrier, if the execution has begun with the prior express consent of the consumer and his knowledge that he thereby loses his right of cancellation.

WARRANTY
For customers resident or domiciled in Switzerland:

The buyer must notify Argento Furioso immediately of any defects in the goods sold. Argento Furioso shall endeavour, but shall not be obliged, unless required by law, to remedy the defects.

Argento Furioso’s liability for defects in connection with goods sold by it is completely excluded to the extent permitted by law, i.e. the customer shall not be entitled to any rights of cancellation, reduction, subsequent delivery or rectification of defects or to compensation from Argento Furioso for any consequential damages and other damages.

If the subsequent fulfilment has taken the form of a replacement delivery, the customer is obliged to return the goods first delivered to Argento Furioso within 30 days at Argento Furioso’s expense. The defective goods must be returned in accordance with the statutory provisions. Argento Furioso reserves the right to claim damages under the statutory conditions.

In the case of used goods, the warranty period may be shorter than two years.

LIMITATIONS OF LIABILITY
Argento Furioso is not liable for defects and faults on argento-furioso.ch for which it is not responsible. In particular, access to argento-furioso.ch and its free use are not guaranteed.

The online shop argento-furioso.ch may contain links to third-party websites for whose content Argento Furioso declines all compliance with and responsibility for statutory provisions.

Limitation of liability for customers resident or domiciled in Switzerland
Argento Furioso shall only be liable for damage caused by it or by a third party involved by it in the contractual relationship if it cannot prove that it is not at fault, whereby any liability for slight negligence is excluded. It shall be liable at most for the damage incurred up to a maximum of the order amount. Excluded from this limitation is liability for personal injury and damage to property. Argento Furioso’s liability for auxiliary persons is completely excluded. Furthermore, any liability is excluded to the extent permitted by law.

Insofar as the liability of Argento Furioso is limited or cancelled, this shall also apply to the personal liability of its legal representatives, employees and vicarious agents.

RIGHTS OF USE AND COPYRIGHT TO DIGITAL CONTENT INCLUDING DOWNLOADS
Digital content is protected by copyright and is intended exclusively for purchase for private use. Any other use constitutes an infringement of copyright. In the case of digital content, the customer acquires a simple and non-transferable right of use that authorises private or business use as an individual user. The customer is authorised to make copies of the digital content for private or other personal use in accordance with the respective product descriptions, to store them on end devices and to use them on these devices as intended. Any further use, in particular the forwarding, processing, duplication or reproduction, distribution, publication or making available to the public of the digital content, in whole or in part, whether in digital form, by remote data transmission or in analogue form, is not permitted.

PASSWORDS/CONFIDENTIALITY
In the case of products made available online, the customer undertakes to treat the access data provided for the system and the passwords set up for this purpose as strictly confidential and with the utmost care. Argento Furioso reserves the right to terminate the authorisation of use immediately if it discovers the multiple use of access data by an individual authorised user.

DATA PROTECTION
Argento Furioso’s data protection regulations for the website argento-furioso.ch can be viewed in the separate data protection declaration.
COPYRIGHT
The content and structure of the online shop argento-furioso.ch and the entire website are protected by copyright. Any use of any kind is only permitted with the express consent of Argento Furioso.

NEWSLETTER
The customer receives an argento-furioso.ch newsletter from Argento Furioso. This will only be sent with the customer’s consent. The argento-furioso.ch newsletter can be cancelled at any time without giving a reason. Information on this can be found in the newsletter.

SEVERABILITY CLAUSE
Should individual provisions of these general terms and conditions or other agreements between the customer and Argento Furioso be or become void or invalid, this shall not affect the remaining part of the contract. Void or invalid provisions shall be replaced by valid provisions that come closest to their economic purpose. The same procedure is to be followed if there is a gap in the contract or if a provision proves to be unenforceable.

PARTS OF THE CONTRACT AND ORDER OF PRECEDENCE
In the event of contradictions between the contract concluded with the customer and these GTC, the contractual document shall take precedence over the terms of these GTC. These GTC shall in turn take precedence over the offer.

CHANGES
Argento Furioso is authorised to amend, update or supplement its GTC at any time. It must send the customer the latest version of its GTC. If no objection is raised by the customer within 14 days of receipt of the new GTC, the new GTC shall be deemed to have been accepted into the current contractual relationship. These GTC shall be published in their current form on the Argento Furioso website.

PLACE OF JURISDICTION AND APPLICABLE LAW
For consumers:
These GTC shall be governed by the law of the country in which the customer has his habitual residence. For foreign customers, the courts at the customer’s place of residence or at the registered office of Argento Furioso shall have jurisdiction at the customer’s discretion. The courts of the customer’s place of residence shall have jurisdiction over any action brought by Argento Furioso against the customer.

For business customers:
These GTC are governed by Swiss law, namely the provisions of the Swiss Code of Obligations. The place of jurisdiction is the registered office of Argento Furioso. This is located in the municipality of Schwyz in the canton of the same name.
The customer hereby expressly confirms that he has read and understood the above General Terms and Conditions of Argento Furioso, Brunnen, with reference to the website argento-furioso.ch. He also acknowledges that these General Terms and Conditions form an integral part of his contract with Argento Furioso, Brunnen.
Ibach, 30.12.2024