GENERAL TERMS AND CONDITIONS OF IMAGE WEAR AG
1. SCOPE
All business relationships between Image Wear AG and its customers are subject to these General Terms and Conditions (GTC), unless otherwise agreed in writing in individual cases. Image Wear will process the order in accordance with the GTCs valid at the time of the order. Image Wear AG does not recognise any conflicting terms and conditions, unless otherwise agreed in writing. Should individual provisions be invalid, the remaining provisions shall remain unaffected.
2. DESIGN PROPOSALS / COSTS
Image Wear AG will create a chargeable design proposal for the customer based on the full details provided in the customer briefing form. A corresponding order confirmation is created as written confirmation. The cost basis is CHF 125.00 per hour. Further work requested by the customer (design adjustments, fabric sourcing, project implementation) will be charged at the same hourly rate per design / technician hour. If the project is not continued or is terminated prematurely, all design, technical and project costs incurred to date are in any case owed in full to Image Wear AG.
3. CONTRACT
A contract is concluded when the customer either signs the order confirmation physically or digitally or releases an order in the online order shop.
4. FITTINGS
In order to determine the clothing sizes for the items to be ordered, Image Wear AG offers the following different fitting options:
4.1 Fittings at the customer’s location, within a maximum radius of 100 km around Zurich, we charge the following rates:
• CHF 900.00 for half a day (2 Image Wear employees) for up to 10 people.
• CHF 1,800.00 for a full day (2 Image Wear employees) for up to 20 people.
Each additional person to be included is charged at CHF 50.00.
For larger distances or numbers of employees, corresponding daily rates will be offered in advance and charged separately.
4.2 For an in-house fitting at Image Wear AG, CHF 30.00 per person will be charged.
4.3 For self-fitting, existing fitting sets are provided to the customer. The transport costs of the fitting sets are charged at a minimum of CHF 80.00 or according to expenditure.
4.4 If the customer wishes to purchase a trial set, Image Wear AG grants a 25% discount on the regular price.
4.5 Additional fitting appointments (additional adjustments, changes, etc.) are automatically charged according to tariffs 4.1-4.3.
Image Wear AG is responsible for the correctness of the correctly determined size data for variants 4.1 and 4.2. For variant 4.3, the responsibility lies with the customer. All orders based on a fittings must be placed within 4 weeks (signature on the order form or online order). Otherwise, the responsibility for the size data due to changes in body size in the meantime passes to the customer.
5. QUALITY / QUALITY CONTROL (QC)
Depending on the base material and/or finishing process, deviations in colour and quality cannot be ruled out.
Unless otherwise agreed, QC is carried out according to the criteria of the AQL inspection (= acceptable quality level). AQL is part of the internationally recognised testing standard MIL-STD 105E.
Among other things, this standard defines the maximum permissible defects per 100 parts in per cent, divided into three categories:
• Critical defects: critical defects that make it impossible to use the article as intended
• Major defects: major defects that impair the intended use of the ar-ticle
• Minor defects: minor defects that do not or do not significantly affect the intended use of the item
There is no tolerance for critical defects. For the other two levels, the limit values, unless otherwise contractually specified, are as follows:
• Major defects: AQL 2.5%
• Minor defects: AQL 4%
When the contract is concluded, these major and minor defects are deemed to have been accepted by the customer and the QC is carried out according to these specifications.
DIMENSIONING OF TEXTILES:
The textiles we offer, knitted or woven, are manufactured according to our standard sizes or, in the case of commercial items, the standard sizes of the brands we represent. We are happy to provide the corresponding size tables. The samples we provide are usually binding in terms of size. We can also use other sizes for custom-made products. Image Wear AG works with the following size tolerances:
• knitted fabric: 5%
• woven fabric: 3.5%
By placing the order, you accept these tolerances.
COLOUR VARIATIONS IN FABRICS:
Subsequent productions of existing fabrics may show colour changes. Slight colour variations of productions from different colour batches or production units within the scope of up to 1.0 Delta E are technically unavoidable. These are to be accepted by the customer within this tolerance value and do not constitute grounds for a complaint.
6. COMMISSIONING OF THE ARTICLES / CARRIERS
At the customer’s request, all articles can be commissioned per carrier. The costs are a flat rate of CHF 25.00 per carrier. If the customer does not want any commissioning, all articles will be sent in the normal package for dispatch.
7. DELIVERY TIMES
The delivery time is usually between 4 to 16 weeks or by agreement with the customer. Image Wear AG differentiates between the following criteria for the delivery period:
Standard goods / IW range from the Zurich warehouse: 04-06 weeks
Finished goods (printed/embroidered): 06-08 weeks
Design concepts & production items: 08-16 weeks
The delivery times are calculated depending on the availability of the required fabrics and accessories. The delivery period begins when Image Wear AG has received all the information, approvals, etc. from the customer and the customer has made the down payment agreed when the order was placed. The accepted fixed offer or the order confirmation is decisive for the scope and execution of the delivery. Exceeding the delivery period does not entitle the buyer to withdraw from the contract, to refuse acceptance and/or to compensation. There is no right of return for individually manufactured workwear.
Delivery dates will be met to the best of our ability. If delivery is delayed for reasons beyond the control of Image Wear AG (e.g. force majeure, im-port or transport difficulties, industrial action, changes subsequently requested by the buyer), the delivery date will be postponed accordingly.
8. MINIMUM ORDER QUANTITY / SMALL QUANTITY SURCHARGE
Orders must generally be above the following minimum values:
First orders: net goods value of more than CHF 10,000.00
Repeat orders: net goods value 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 100.00 per order will be charged.
9. TRANSPORT COSTS
Postal deliveries per location in Switzerland with a net goods value of CHF 500.00 or more are delivered free of charge. All other deliveries are dispatched ‘ex works Zurich’ with a flat rate of CHF 30.00 for shipping. Image Wear AG is entitled to make partial deliveries, which can be invoiced on a pro-rata basis. The customer will not incur any additional costs as a result. Deliveries abroad are always subject to a charge and will be quoted and invoiced separately.
10. COMPLAINTS
The recipient of a delivery must check this within 10 days and immedi-ately notify Image Wear AG of any defects in writing. If the recipient fails to do so, the delivery shall be deemed to have been approved. Hidden defects are excepted from this.
11. WARRANTY AND LIABILITY FOR DEFECTS
Workwear is regularly manufactured using natural products. Minor differences in colour, structure and other differences do not constitute grounds for complaint or liability. (see section 5) In the case of justified complaints, the defects will be remedied, at the discretion of Image Wear AG, either by rectification or re-delivery. If the attempts at rectification or re-delivery fail, the customer has the right to reduce the price. Further claims by the customer, in particular claims for damages, are excluded, unless they are based on intent or gross negligence on the part of Image Wear AG.
12. PRICES AND TERMS OF PAYMENT
Our prices are always exclusive of the statutory value added tax. The goods will be delivered against invoice. 50% of the invoice amount (for orders over CHF 5,000) is 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 execute orders from new and existing customers only against full payment of the invoice amount.
In the event of late payment, Image Wear AG may charge reminder fees or default interest. Further claims, in particular with regard to the en-forcement of the claim by a collection agency or a lawyer, remain unaf-fected.
13. STORAGE AND GUARANTEED ACCEPTANCE
Image Wear AG offers a storage service for manufactured parts by arrangement and agreement with the customer. The storage costs for finished parts amount to 0.75% of the net value of the goods per month. The costs are charged to the customer quarterly. For customer-specific special productions, Image Wear AG has a reserve stock of fabrics, including the associated trimmings, for re-production, so as not to delay re-production due to any fabric procurement times. In the event of termination of the cooperation, the customer undertakes to purchase the fabrics at cost price and the articles at the agreed sales prices. If the fabrics and finished parts are in our production facilities, any additional transport costs to Image Wear AG will be charged to the customer at cost.
14. RETURNS / RESHELVING COSTS
In exceptional cases, finished articles can be returned by the customer (e.g. wrong size/colour/model ordered) if the following criteria are met:
• The finished articles are unworn, undamaged, in their original condi-tion and have not been altered (no adjustments, no embroidery, etc.)
• The return must be made within 30 days of receipt of delivery
• The return must be justified and approved in writing by Image Wear AG in advance
• The products must be properly packed with all accessories in the original packaging
• The return delivery is at the expense and risk of the customer and is sent by registered mail
For the associated costs (customs and import costs, transport, handling), Image Wear AG charges a flat rate of 20% of the net value of the returned items.
There is no right of return for individually manufactured items or items that have been customised.
15. SAMPLES (sample award)
If a sample is available in the Image Wear showroom, it can be requested by the customer free of charge and must be returned in its original condi-tion within 2 weeks, otherwise you will be charged.
Viewing samples, which have to be ordered at the customer’s request, will be charged to the customer. It is not possible to return samples or issue a credit note.
16. RETENTION OF TITLE
Image Wear AG retains ownership of the delivery until it has been paid for in full and can have the retention of title entered in the official register.
17. RIGHTS
All artistic and technical documents (e.g. drawings, designs, cuts, size sets, etc.) are subject to copyright. They remain the intellectual property of Image Wear AG and will not be delivered unless otherwise agreed in writing with the customer. The reproduction of the offered or purchased workwear by third parties is not permitted.
18. DATA PROTECTION
The data required for the transaction will be collected and stored in strict compliance with the applicable provisions and, if necessary, passed on to affiliated companies and third parties for the purpose of processing the order. All personal data will be treated confidentially.
Image Wear AG is entitled to transfer business data to a credit company for the purposes of credit checks and credit monitoring as part of a data exchange.
19. PLACE OF PERFORMANCE, JURISDICTION AND APPLICABLE LAW
The place of performance and jurisdiction is Zurich. The contractual and/or employment relationship is subject to Swiss law.
Zurich, January 2025