Terms of service

TERMS AND CONDITIONS

 

§ 1 SCOPE OF APPLICATION

These Terms and Conditions shall apply exclusively to the business relationship between fanagus ag (“fanagus”) and the customer as of 01 April 2026, irrespective of the means of communication used.

The customer acknowledges the exclusive applicability of fanagus’ Terms and Conditions for the entire business relationship. Deviating terms and conditions of the customer shall not be recognized unless the management of fanagus has expressly agreed to their validity in writing. By entering into a business relationship with fanagus via the website, the customer accepts these Terms and Conditions as the basis for the entire business relationship between the customer and fanagus.

§ 2 CONCLUSION OF THE PURCHASE CONTRACT AND RIGHT OF WITHDRAWAL

The presentation of products in the online shop does not constitute a legally binding offer but rather a non‑binding online catalogue. By clicking the “buy it now” button, you submit a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order is sent immediately after submission by means of an automatically generated email and does not yet constitute acceptance of the contract. The contract is only concluded once you receive an email from us confirming shipment of the goods or acceptance of the order. We are entitled to accept your order within two business days.

You have the option to conclude the purchase contract in English. The order and processing language may also be English. We store the contract text and send you the order details by email. You may view previous orders in your customer account, provided you have registered with us.

If we are unable to accept the offer or if certain products of an order are unavailable, you will be informed without delay.

fanagus reserves the right to withdraw from the purchase contract in the event of printing, wording or calculation errors on the website.

All offers are valid while stocks last. If our supplier is unable to deliver the ordered goods despite a contractual agreement, we are likewise entitled to withdraw from the contract with the customer. In such a case, you will be informed immediately that the ordered product is unavailable. Any purchase price already paid will be refunded within 14 business days (Saturday shall not be deemed a business day) or credited against other products. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.

The conditions and consequences of withdrawal are set out in the following section “Right of Withdrawal”.

RIGHT OF WITHDRAWAL

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The statutory withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods, or in the case of partial deliveries, the last item.

To exercise your right of withdrawal, you must inform us at:

fanagus ag
Ruessenstrasse 18
CH‑6340 Baar
Email: info@fanagus.ch

by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract.

To comply with the withdrawal period, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, excluding delivery costs, without undue delay and at the latest within 14 days from the day on which we receive notification of your withdrawal. The reimbursement shall be made using the same means of payment as used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement.

We may withhold reimbursement until we have received the goods back.

You must return or hand over the goods to the following address without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal:

 

fanagus ag
Ruessenstrasse 18
6340 Baar
Switzerland

The deadline is met if you dispatch the goods before the expiry of the 14‑day period.

If you are unable to return the goods or any benefits derived therefrom (e.g. usage advantages), or only in a deteriorated condition, you may be required to compensate us for the loss in value. Compensation for deterioration or benefits derived shall only be payable if such deterioration or use results from handling beyond what is necessary to examine the nature, characteristics and functioning of the goods, as would be customary in a retail store.

The right of withdrawal does not apply to the following contracts, unless otherwise agreed by the parties:

• Contracts for the supply of goods that are not prefabricated and for which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
• Contracts for the supply of goods which, after delivery, have been inseparably mixed with other goods due to their nature.
• Contracts for special offers and close‑out products are generally excluded from return.

Goods that can be shipped by parcel must be returned at our risk. You shall bear the direct costs of returning the goods.

Returns of goods that cannot be shipped by parcel must be made via FedEx Freight or another freight forwarder, and the costs shall also be borne by the customer. Freight costs may vary depending on the country of delivery.

The place of performance for business transactions is the registered office of the company.

§ 3 DELIVERY

Unless otherwise requested by the customer, delivery shall be made to the delivery address specified by the customer.

Depending on the country, delivery is carried out by different shipping service providers. The applicable delivery conditions and delivery costs can be found in the detailed information on the website.

If delivery to a customer is not possible because the customer was not available at the delivery address provided, despite prior reasonable notice of the delivery time, or because the address provided was incorrect, the customer shall bear the costs of the unsuccessful delivery attempt.

Delivery shall be made ex warehouse, which shall also be the place of delivery. The risk shall pass to the customer upon receipt of the goods.

Delays in delivery or performance due to force majeure are not the responsibility of fanagus. Such events entitle fanagus to postpone delivery for the duration of the impediment plus a reasonable start‑up period or to withdraw in whole or in part from any unfulfilled portion of the order. Events deemed equivalent to force majeure include strikes, natural disasters, war, blockades, import or export restrictions, and other governmental measures, regardless of whether they occur at fanagus or its suppliers.

In the event that force majeure causes a delay in delivery, the customer will be informed without delay.

§ 4 PAYMENT AND DEFAULT

All product prices at fanagus are gross prices, include the applicable value‑added tax of the respective country, and are stated in the indicated currency. The prices valid at the time of order shall apply, including VAT, plus all delivery‑related costs. Any customs duties incurred upon delivery to the respective country shall be borne by the buyer.

Billing shall be in EUR, CHF or USD. In some countries, payments made in other currencies may result in exchange rate differences. fanagus converts currencies based on the exchange rates of the Swiss National Bank.

Customers from non‑EU countries and outside Switzerland may place orders excluding VAT. Payment of country‑specific taxes is the responsibility of the customer and does not fall within the obligations of fanagus. Any applicable customs duties shall be borne by the customer.

The purchase price is due upon ordering.

Payment may be made by credit card or PayPal. The customer may request fanagus login details at any time in order to track their order.

In the event of default in payment, fanagus is entitled to charge default interest at a rate of 8% above the annual interest rate set by the Swiss National Bank. If fanagus incurs a higher default interest rate, fanagus is entitled to pass this on.

§ 5 ASSERTION OF A RIGHT OF RETENTION FOLLOWING NOTICE OF DEFECTS

The customer may assert a right of retention only if their claims have been legally established or expressly acknowledged by fanagus. The customer is only entitled to exercise a right of retention insofar as their counterclaim arises from the same contractual relationship.

§ 6 RETENTION OF TITLE

All deliveries and services are made subject to retention of title. The delivered products shall remain the property of fanagus until all claims against the customer have been fully satisfied.

§ 7 WARRANTY

The warranty period is governed by statutory provisions. It is two years and begins upon delivery of the goods to the customer.

Claims against fanagus exceeding statutory warranty claims arising from a manufacturer’s warranty are excluded to the extent permitted by law. Claims under a manufacturer’s warranty may only be asserted by the customer against the manufacturer granting such warranty.

The warranty does not cover normal wear and tear resulting from use of a product.

If a defect for which fanagus is responsible exists, fanagus may, at its discretion, remedy the defect or provide a replacement. If fanagus is unwilling or unable to remedy the defect or provide a replacement, or if such performance is delayed beyond reasonable time limits for reasons attributable to fanagus, or if remedy or replacement fails, the customer shall be entitled to withdraw from the contract or demand an appropriate reduction of the purchase price.

In the event of a warranty claim for a product ordered online, the customer may return the product to the specified contact address. If it is determined that the product does not have a defect covered by the warranty, fanagus shall charge the customer for the costs incurred.

Compensation for consequential damages due to defects, as well as for other property damage, financial losses and third‑party claims against the customer, is excluded insofar as the transaction is not a consumer transaction.

§ 8 LIMITATION OF LIABILITY

Claims of the customer other than warranty claims regulated in § 7, in particular claims for damages, are excluded to the extent permitted by law. fanagus shall therefore not be liable for damages not occurring to the delivered goods themselves, in particular not for loss of profit or other financial losses of the customer. To the extent that liability of fanagus is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

The limitation of liability set out in § 8(1) shall not apply in cases of intent or gross negligence or in the event of personal injury.

fanagus assumes no responsibility for uninterrupted availability of services offered on the website or for the preservation of stored data.

The customer expressly acknowledges that bindings and foot straps are mounted only according to general factory settings. No adjustments have been made with regard to actual body weight, height, skill level or intended use. The customer acknowledges that sets with pre‑mounted bindings or foot straps are not ready for use. The customer undertakes to have the settings adjusted and regularly checked by an authorized dealer (technician) in accordance with industry standards.

§ 9 LINKS AND REFERENCES

Links provided by fanagus to external websites serve merely as references. fanagus does not identify with the content of such external websites and assumes no responsibility for them.

§ 10 INFORMATION OBLIGATIONS

The customer is obliged to provide truthful information when placing an order. If customer data changes, in particular name, address, email address or telephone number, the customer must inform fanagus of such changes without delay by updating the information provided. If the customer fails to provide such information or provides false information from the outset, in particular an incorrect email address, fanagus may withdraw from the contract if such a contract has been concluded.

§ 11 APPLICABLE LAW AND JURISDICTION

Swiss law shall apply.

In all legal matters, Swiss law shall exclusively govern the entire legal relationship between fanagus and the customer.

For all disputes arising from the contract, the mandatory consumer protection provisions at the consumer’s place of residence shall also apply.

§ 12 DATA PROTECTION

All data collected by us shall be used and processed exclusively in accordance with applicable data protection laws and our privacy policy.

§ 13 SEVERABILITY CLAUSE

If individual provisions of this contract are or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Invalid or unenforceable provisions shall be replaced by valid and enforceable provisions whose effects most closely reflect the economic intent pursued by the contracting parties with the invalid or unenforceable provision. The above shall also apply in the event that the contract is incomplete.

fanagus ag
Ruessenstrasse 18
6340 Baar / SWITZERLAND

01 April 2026