All business relationships 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 executes the order in accordance with the GTC valid at the time of the order. Image Wear AG does not recognise conflicting GTC unless otherwise agreed in writing. Should individual terms be invalid, the remaining conditions remain unaffected.

On request, Image Wear AG will provide the customer with an initial design proposal for a fee in accordance with the complete information provided by the customer in the form briefing. All further sourcing work and design work requested by the customer, such as design boards, adaptations or changes, will be subject to a charge. The costs are based on the time required and are charged at CHF 120.00 per designer / technician working hour.

A contract is always concluded when the customer either physically or digitally signs the Order Confirmation or approves an order via the online shop.

In order to determine the clothing sizes for the articles to be ordered, Image Wear AG offers the following different sizing options:
4.1 For size measurements at the customer’s place of business within a radius of 100km around Zurich, we charge the following rates:

• CHF 450.00 per sizer for half a day up to 10 participants
• CHF 900.00 per sizer for a full day up to 20 participants

Each additional participant to be accommodated will be charged CHF 40.00.

For larger distances or numbers of employees, the appropriate daily flat rates will be submited in advance and charged separately.

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4.2 During an in-house size measurement at Image Wear AG, CHF 25.00 per person will be charged.

4.3 In case of self-measurement by means of a tutorial video, existing measurement sets will be provided to the customer. The transport expenses for the measurement sets will be charged at a minimum of CHF 50.00 or at cost.
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4.4 If the customer wishes to buy a sampling set, Image Wear AG grants a 20% discount on the regular price.

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4.5 Additional sizing appointments (additional fittings, modifications, etc.) are automatically charged according to the 4.1-4.3 rates.

The accountability for the accuracy of the properly measured size data lies at Image Wear AG regarding options 4.1 and 4.2. In case of option 4.3, the responsibility lies in the hands of the customer.

All orders based on a size measurement must be confirmed within 4 weeks (signature on the order form or online order). Otherwise, the responsibility of the size measurements is transferred to the customer due to changing body proportions in the meantime.e au client, en raison des évolutions de masse corporelle.

Some variation in colour and quality cannot be avoided, depending on the raw material and/or the finishing process.

Unless otherwise agreed, QC is carried out according to the criteria of the AQL inspection (= acceptable quality level). AQL is a subpart of the internationally recognised inspection standard MIL-STD 105E.

This standard defines, among other things, the maximum permissible defects per 100 units in percent, divided into three categories:

• Critical defects: Defects that make the intended use of the items impossible
• Major defects: Defects that impair the intended use of the items
• Minor defects: Defects that do not or do not significantly impair the intended use of the items.

There shall be no tolerance for critical defects. For the other two levels, unless otherwise specified in the contract, the limits are the following:

• Major defects: AQL 2.5%,
• Minor defects: AQL 4%

Upon contract conclusion, these Major and Minor defects shall be considered accepted by the customer and the QC will be carried out according to these specifications.

TEXTILE SIZING:he textiles we provide, knitted or woven, are manufactured according to our standard sizes or, in the case of commercial articles, according to the standard sizes of the brands we represent. We will be pleased to provide you with the relevant measurement tables. The samples we provide are usually binding. For special designs we can also use other dimensions. Image Wear AG works with the following size tolerances:

• Knitted fabric: 5%
• Woven fabric: 3,5%

By submitting the order, you accept these tolerances.

COLOUR VARIATIONS FROM FABRICS:Follow-up productions of existing fabrics may show colour deviations. Minor colour deviations on products from different colour batches, or production units, in the range of up to 1.0 Delta E are technically unavoidable. Within this tolerance value, these deviations have to be accepted by the customer and do not provide grounds for complaints.

At the customer’s request, all items are prepared and packaged by holder. The costs amount to a flat rate of CHF 25.00 per person. If the customer does not want this packaging, all items will be sent as usual in the shipment.

The delivery period is usually 4-14 weeks. The delivery period begins when Image Wear AG has received all information, approvals, etc. from the customer and the customer has paid the deposit agreed when the order was placed. The accepted firm offer or the order confirmation shall be decisive for the scope and execution of the delivery. 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 custom-made professional clothing.

Delivery dates will 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. due to events of force majeure, import or transport difficulties, changes subsequently requested by the purchaser), the delivery date shall be postponed accordingly.

After consultation with the management of Image Wear AG, a small quantity supplement of at least CHF 50.00 per order may be charged in exceptional cases for orders with a net value of goods of less than CHF 500.00. Image Wear AG will determine this on confirmation of the order. As a general rule, initial orders must have a minimum net value of CHF 10’000.00. Follow-up orders must have a net value of at least CHF 5’000.00.

Postal deliveries per location in Switzerland exceeding a net goods value of CHF 500.00 will be delivered free of charge. All other deliveries will be made “ex Zurich facility” with a flat-rate charge of CHF 25.00 for dispatch. Image Wear AG is entitled to make partial deliveries, which may be charged on a pro rata basis. This does not result in any additional costs for the customer. Deliveries abroad are always subject to a charge and will be quoted respectively invoiced separately.

The receiver of a delivery must inspect the delivery within 10 days and immediately notify Image Wear AG about any defects in writing. If he fails to do so, the delivery is deemed to have been approved. This does not apply to hidden defects.

Professional clothes are regularly made using natural products. Slight differences in colour, structure and other variations do not constitute grounds for complaint or liability (cf. point 5). In the case of justified complaints, the deficiencies will be remedied, at Image Wear AG’s discretion, either by rectification of the defect or by new delivery. If the attempts at remedying the defect or making a new delivery are unsuccessful, the customer has the right to request a price reduction. Further claims by the customer, in particular claims for damages, are excluded unless they are based on intent or gross negligence committed by Image Wear AG.

Our prices are always indicated exclusive of the legally applicable value added tax. The merchandise is delivered on invoice. The customer shall pay 50% of the invoice amount (for orders over CHF 5’000.-) upon ordering, 50% upon delivery. Payments shall be made to Image Wear AG within 10 days net, without discount. The missing of items in the order does not allow for the postponement of due payments. Image Wear AG retains the right to fulfill orders from new and existing customers only against full payment of the invoice amount.

In case of late payment, Image Wear AG can demand reminder costs or interests on the delayed payment. Further and more extensive claims, in particular with regard to the enforcement of the claim by a collection agency or a lawyer, remain unaffected.

The storage costs for finished items amount to 0.75% of the net value of the goods per month. If Image Wear AG has stockpiled fabric reserves or a certain quantity of garment parts at the request of the customer in order not to delay subsequent productions due to any fabric procurement times, the customer undertakes to purchase the fabrics at cost price and the articles at the agreed sales prices in the event of a termination of the cooperation.

Finished goods may exceptionally be returned by the customer (e.g. wrong size/colour/model ordered) if the following criteria are met:

• the finished items are unworn, undamaged, in their original condition and have not been altered (no adjustments, no embroidery etc.)
• the return must happen within 30 days after delivery
• he products must be properly packed with all accessories in the original packaging
• the return shipment is at the expense as well as the risk of the customer and will be sent by registered mail.

Image Wear AG charges a flat rate of 20% of the net value of the returned goods for the associated costs (customs and import costs, transport, processing).

There will be no right of return for customised products or items with adjustments.

Image Wear AG retains ownership of the delivery until full payment has been received and may have the retention of title recorded in the official register.

All artistic and technical documents (e.g. drawings, designs, cuts, measurement sets, etc.) are subject to copyright. They remain the intellectual property of Image Wear AG and are not released. Reproduction by third parties of the professional clothing provided or purchased is not permitted.

The data necessary for the business transaction are collected and stored in strict compliance with the applicable regulations and, if necessary, passed on to affiliated companies and third parties for the purpose of order processing. All personal data will be treated confidentially. Image Wear AG is entitled to transfer the business data to an auditing company for the purpose of credit checks and creditworthiness monitoring within the framework of a data exchange.

The place of performance and jurisdiction is Zurich. The legal relationship shall be governed by Swiss law.

Zurich, December 2022