Terms and conditions
The following general terms and conditions form an integral part of every contract with textil-factory.ch GmbH. The contractual partner expressly agrees to the individual provisions when placing an order. Deviations from the general terms and conditions are only valid in writing. The textil-factory.ch GmbH declines any responsibility for any errors or inaccuracies in connection with the illustrations, diagrams, explanations, etc. mentioned in the catalogs or leaflets mentioned.
2. Excess or short deliveries
For technical reasons, there may be an excess or short delivery of up to 10%. This is common in the industry and must be accepted. We will bill you for the quantity actually delivered.
The prices of raw materials are subject to fluctuations that we can neither predict nor influence. We must therefore reserve the right to make short-term changes to our conditions. All increases due to the supplier, which occur after our offer or after the transaction has been completed, shall be borne by the customer. Our prices are net in Swiss Francs, unless another agreement has been expressly made in writing.
Invoices are payable net within 30 days, unless expressly agreed otherwise in writing. We reserve the right to supply customers without sufficient credit references only against bank guarantee or prepayment. The client is liable for the payment of the ordered goods, even if they are delivered to third parties on his behalf. If the agreed payment dates are not met, the buyer owes default interest equal to the current current account interest of the major Swiss banks from the due date, without a special reminder from the supplier. The absence of insignificant parts from the order or warranty claims against the supplier do not entitle the party to defer due payments. The goods remain our property until full payment. We charge at least 50 to 70% down payment for all custom-made products after placing the order.
5. Delivery times
The delivery period begins on the date of receipt of the order, however not before clarification of all details, the knowledge of which is necessary for the execution of the order. If a delivery period is exceeded by more than 18 days for reasons for which we are responsible and if a written grace period set by the buyer after the delay has passed without success, the buyer is entitled to withdraw from the contract. In the event of late delivery as a result of force majeure or other obstacles that cannot be avoided despite reasonable care, including delays in transport, strikes and industrial disputes at our suppliers, we shall not be in default of delivery for the duration of such events. Damages due to delay or subsequent objective impossibility of delivery are excluded except in the case of intent and gross negligence. If you make changes based on the proofs, design samples etc., we are entitled to extend the delivery times appropriately.
6. Retention of title
All delivered goods remain our property until all our claims against the buyer have been paid in full. The buyer can sell or process the goods in the ordinary course of business. Other dispositions such as pledging or transfer by way of security of our goods are excluded. The buyer’s claims from the resale of our goods are already assigned to us. In the event of a delay in payment, the buyer hereby authorizes us to assert the claims of the buyer against our customers assigned to us directly in his own name. At the request of the buyer, we undertake to release the claims assigned as security insofar as their total amount exceeds our claims by more than 20%.
7. Exchange, return, complaints and liability
Obvious defects must be reported in writing immediately, hidden defects within 8 days of receipt of the goods. In the event of a justified notice of defects, we are entitled to choose to remedy the defect, deliver a replacement, change the contract or reduce the price. Incomplete, damaged or soiled items will generally not be taken back. We are only liable for the damage for which we are responsible if we or our vicarious agent acted with intent or gross negligence. This applies to all claims for damages, regardless of whether they are based on legal provisions, tortious acts, contractual agreements or other legal grounds. However, this limitation of liability does not cover the direct damage caused by the lack of warranted properties and such damage that the buyer should be protected against by the warranted property. We are only liable for other consequential damages in the manner limited above. The shipping costs in the event of return of the goods are to be borne by the customer. With all textiles, slight fluctuations in color, size and grammage can always be expected. Within the tolerances clearly defined by the manufacturer, such fluctuations are not grounds for complaint. It should be noted that the definition of the size of our items can be different. A “too large M” or “too small XL” in comparison to another article or manufacturer are not grounds for complaint. Please also refer to the dimension tables on our website. In case of doubt, we recommend ordering a size sample in advance. Discolouration, changes to the material, enema or other damage caused by improper handling or washing errors are also no grounds for complaint. In case of doubt, an objective test with the goods from the same batch decides. The return of unused, undamaged and unrefined goods must be notified in writing within 30 days with the exact description of the goods (article, quantity, size code and color details), the delivery note number and the reason for the return. In general, there is no entitlement to returns of correctly delivered goods. If we accept the return in writing, the goods can be returned to us at the buyer’s expense. Goods that have not been notified are returned without comment, postage is paid by the recipient. Discontinued items, items that are not in stock, and items without original packaging cannot be taken back.
8. Delivered goods
We accept no liability for the goods delivered. We process the goods to the best of our technical knowledge. We also need at least one item to test the finishing.
9. Sample shipments
Sample shipments are to be returned to textil-factory.ch GmbH within 14 days, otherwise the goods are considered to be purchased and will be charged. Shirt and blouse samples, which are ordered and sent to the customer’s order, cannot be taken back and will be invoiced.
The client is solely liable if the execution of his order violates the rights, in particular copyrights, of third parties.
11. Drafts, films, graphics, quality
The operating objects used by textil-factory.ch GmbH to produce the contractual products, in particular films, graphics, screens and embroidery cards, remain the property of the contractor, even if they are calculated separately, and are not delivered. Drafts and final drawings are our intellectual property and may not be copied or reproduced without our permission. The costs for sketch, drafts, test prints and samples are calculated, even if the order is not carried out. Color deviations or size differences cannot be excluded depending on the base material or printing process.
12. Packaging and shipping
The packaging and shipping costs are calculated separately. All shipments travel at the risk of the customer. If there are no specific instructions for shipping when ordering, it will be carried out to the best of our discretion without any responsibility on our part. Consignments whose appearance suggests damage (transport damage) to the content are only to be accepted subject to claims for damages against the transport company and complaints are to be made to the transport company.
13. Brand use
We are entitled to publish the trademark and company name of the customer as well as the ordered product and details about the order for advertising purposes and / or for press releases and to use them in our catalogs and websites.
Any disputes arising from this contractual relationship are decided exclusively by the ordinary courts at the supplier’s registered office.
Wetzikon ZH, Switzerland, 01.12.2019