GENERAL TERMS AND CONDITIONS OF IMAGE WEAR AG
1. SCOPE OF APPLICATION
All business relations between Image Wear AG and its customers are based on these General Terms and Conditions (GTC), unless otherwise agreed in writing in individual cases. Image Wear shall execute the order in accordance with the GTCs valid at the time of the order. Conflicting GTC’s shall not be recognized by Image Wear AG, unless otherwise agreed in writing. Should individual provisions be invalid, the remaining provisions shall remain unaffected. remain unaffected.
2. DESIGN PROPOSALS / COSTS
Image Wear AG shall prepare a design proposal for the customer in accordance with the complete information provided in the customer briefing form. The cost basis is CHF 120.00 per hour and will be quoted in advance. Further work requested by the customer (design adaptations, fabric sourcing, project implementation) will be charged on a time and material basis at the the same hourly rate per design / technician hour.
3. CONCLUSION OF CONTRACT
A contract is concluded when the customer either physically or digitally signs the order confirmation physically or digitally or releases an order in the online order store.
4. SIZE RECORDINGS (GA)
In order to be able to determine the clothing sizes for the items to be ordered, Image Wear AG offers Image Wear AG offers the following different sizing options:
4.1 For size measurements at the customer’s premises within a radius of 100km around Zurich, we charge the following rates:
– CHF 450.00 for half a day per sizer for up to 10 people
– CHF 900.00 for a full day per size-recorder for up to 20 people
CHF 40.00 is charged for each additional person to be accommodated. For larger distances or numbers of employees, corresponding daily flat rates will be quoted in advance and charged separately.
4.2 CHF 25.00 per person will be charged for in-house sizing at Image Wear AG.
4.3 In the case of a self-take by means of a tutorial video. Existing GA sets will be made available to the customer. The transportation costs of the GA sets will be charged at a minimum of CHF 50.00 or at cost.
4.4 If the customer wishes to purchase a trial set, Image Wear AG will grant a 20% discount on the regular price.
4.5 Additional GA appointments (additional adjustments, changes, etc.) are automatically charged according to tariff 4.1-4.3.
The responsibility for the correctness of the correctly determined size data lies with Image Wear AG for variants 4.1 and 4.2 and with the customer for variant 4.3. All orders based on a GA must be placed within 4 weeks (signature AB or online order). Otherwise the responsibility for the size measurements is transferred to the customer due to changing body measurements in the meantime.
5. QUALITY / QUALITY CONTROL (QC)
Deviations in color and quality cannot be ruled out depending on the base material and/or finishing process. cannot be excluded.
Unless otherwise agreed, QC is carried out according to the criteria of the AQL inspection (= acceptable quality level). acceptable quality level). AQL is part of the internationally recognized recognized test standard MIL-STD 105E.
Among other things, this standard defines the maximum permissible defects per 100 parts in percent, divided into three categories:
– Critical defects: critical defects that make the intended use of the article impossible
– Major defects: major defects that impair the intended use of the article
– Minor defects: minor defects that do not or do not significantly impair the intended use of the articles
There is no tolerance for critical defects. For the other two levels, the limits are as follows, unless otherwise specified in the contract:
– Major defects: AQL 2.5% – Minor defects: AQL 4%
Upon conclusion of the contract, these major and minor defects are deemed to be recognized by the customer and the QC is carried out according to these specifications.
DIMENSIONING OF TEXTILES:
The textiles we offer, whether knitted or woven, are manufactured according to our standard dimensions or, in the case of commercial items, the standard dimensions of the brands we represent. We are happy to provide you with the corresponding measurement tables. The samples we provide are generally binding. We can also use other dimensions for custom-made products. Image Wear AG works with the following size tolerances:
– Knitted fabric: 5%, Woven fabric: 3.5%
By placing an order, you acknowledge these tolerances.
COLOR DEVIATIONS OF FABRICS:
Reproductions of existing fabrics may show color changes. Minor color deviations of productions from different color batches or production units of up to 1.0 Delta E are technically unavoidable. Within this tolerance value, these are to be accepted by the customer and do not constitute grounds for a complaint.
6. PICKING OF ARTICLES/GOODS PER CARRIER
At the customer’s request, all articles can be picked per carrier. The costs amount to CHF 25.00 per carrier. If the customer does not wish the items to be picked all items are dispatched as normal in a parcel.
7. DELIVERY PERIODS
The delivery period is generally between 4 and 16 weeks, depending on the availability of the required of the required materials and ingredients. The delivery period shall commence when Image Wear AG has received all information, approvals, etc. from the customer and the customer has has made the down payment agreed when placing the order. For the scope and execution of the delivery shall be determined by the accepted firm offer or the order confirmation.
Exceeding the delivery deadline does not entitle the buyer to withdraw from the contract, to refuse acceptance and/or to claim damages. There is no right of return for customized workwear.
Delivery dates shall be met to the best of our ability. If the delivery is delayed for reasons for which Image Wear AG is not responsible (e.g. force majeure, import or transportation difficulties, work stoppages, changes subsequently requested by the buyer), the delivery date shall be postponed accordingly.
8. MINIMUM ORDER QUANTITY / SMALL QUANTITY SURCHARGE
Orders must always exceed the following minimum values:
First orders Net value of goods of more than CHF 10,000.00
Repeat orders Net value of goods of more than CHF 5,000.00
After consultation with the management of Image Wear AG, lower net goods values can also be ordered in exceptional cases. For orders under CHF 500.00, a small quantity surcharge of at least CHF 50.00 per order will be charged.
9. TRANSPORTATION COSTS
Postal deliveries per location in Switzerland from a net goods value of CHF 500.00 are delivered free of charge. All other deliveries are shipped “ex works Zurich” with a flat rate of CHF 25.00. Image Wear AG is entitled to make partial deliveries, which can be invoiced pro rata. This does not incur any additional costs for the customer. Deliveries abroad are always subject to a charge and will be quoted or invoiced separately.
10. COMPLAINTS
The recipient of a delivery must inspect it within 10 days and report any defects to Image Wear AG immediately in writing to Image Wear AG. If he fails to do so, the delivery shall be deemed approved. Hidden defects are excluded from this.
11. WARRANTY AND LIABILITY FOR DEFECTS
Workwear is regularly manufactured using natural products. Minor differences in color, structure and other differences do not constitute grounds for complaint or liability. grounds for complaint or liability. (cf. clause 5) In the event of justified complaints, the defects will, at the discretion of at the discretion of Image Wear AG, either by repair or replacement. If the attempts at rectification or redelivery fail, the customer shall be entitled to reduce the price. shall have the right to reduce the price. Further claims of the customer, in particular claims for damages, are excluded, unless they are based on intent or gross negligence on the part of gross negligence on the part of Image Wear AG.
12. PRICES AND TERMS OF PAYMENT
Our prices are always subject to the statutory value added tax. The goods are delivered against invoice. 50% of the invoice amount (for orders over CHF 5,000) shall be paid by the customer upon ordering, 50% upon delivery. Payments are to be made to Image Wear AG within 10 days net, without discount. The absence of parts from the order does not entitle the customer to postpone due payments. Image Wear AG reserves the right to accept orders from new and existing customers only against full payment of the invoice amount. full payment of the invoice amount. In the event of late payment, Image Wear AG may demand reminder costs or interest on arrears. Further claims, in particular with regard to the enforcement of the claim by a debt collection agency or a lawyer shall remain unaffected.
13. STORAGE AND ACCEPTANCE GUARANTEE
Upon request, Image Wear AG offers to store manufactured parts for the customer. The storage costs for finished parts amount to 0.75% of the net value of the goods per month. If Image Wear AG has taken fabric reserves or a certain quantity of garment parts into stock at the customer’s request in order not to delay subsequent productions due to any fabric procurement times, the customer undertakes to return the fabrics to Image Wear AG at the cost price in the event of termination of the cooperation. the customer undertakes to purchase the fabrics at cost price and the articles at the agreed agreed sales prices.
14. RETURNS / RESTOCKING COSTS
In exceptional cases, finished articles may be returned by the customer (e.g. wrong size/color/model ordered) if the following criteria are met color/model ordered) if the following criteria are met:
– the finished articles are unworn, undamaged, are in their original condition and have not been altered (no adjustments, no embroidery etc.)
– the return must be made within 30 days of receipt of the delivery
– the return must be justified and approved in advance in writing by Image Wear AG be
– the products must be professionally packed with all accessories in the original packaging packed
– The return shipment is at the expense and risk of the customer and is sent by registered mail. sent by registered post
For the associated expenses (customs and import costs, transportation, handling), Image Wear AG charges a flat rate of 20% of the net value of the returned items. articles.
There is no right of return for custom-made articles or those with customizations.
15. RETENTION OF TITLE
Image Wear AG retains ownership of the delivery until it has been paid for in full. and may have the retention of title entered in the official register.
16. RIGHTS
All artistic and technical documents (e.g. drawings, designs, cuts, size sets, etc.) are subject to copyright. They remain the intellectual property of of Image Wear AG and shall not be delivered unless otherwise agreed in writing with the customer. agreed in writing with the customer. The reproduction of the offered or purchased workwear by third parties is not permitted.
17. DATA PROTECTION
The data required for business transactions shall be collected and stored in strict compliance with the applicable provisions and, if necessary, passed on to affiliated companies and third parties for order processing. All personal data will be treated confidentially.
Image Wear AG is entitled to transfer the business data to a credit company for the purpose of credit checks and creditworthiness monitoring within the framework of a data exchange. to transmit.
18. PLACE OF PERFORMANCE, PLACE OF JURISDICTION AND APPLICABLE LAW
The place of performance and jurisdiction is Zurich. The contractual or contractual relationship is subject to Swiss law.
Zurich, March 2023