GENERAL TERMS AND CONDITIONS OF BUSINESS

 

1. Purpose and area of application

(1)  These General Terms and Conditions (GTC) are intended to clearly regulate the legal relationship between the customer ("Client") and Suter & Co. Personal Tailors AG ("Contractor"). For simplicity, only the masculine form is used. Naturally, this is intended to cover both men and women.

(2)  The following GTCs are valid as a contractual component of all individual contracts concluded between the Client and the Contractor. If written agreements of the individual contract contradict these GTCs, they shall take priority over the provisions of the GTCs. If, for this or any other reason, individual provisions of the GTCs cannot be applied, the GTCs as a whole shall nonetheless continue to be valid. Oral agreements or deviations from the GTCs shall only be legally valid if confirmed in writing by the Contractor. 

 

2. Contract content

(1) The Client may place orders with Suter & Co. Personal Tailors AG or one of its employed consultants. A contract shall come about if measurements have been taken of a Client, the purchase order with the required fabrics and design has been discussed and confirmed by the Client orally on a legally binding basis and a down-payment of 50% of the total purchase price/order total has been paid to the Contractor (down-payment subject to a condition precedent).

(2)  The Client places an order with the Contractor for made-to-measure garments. These are made individually in the selected fabric, according to the Client's body measurements and wishes.

(3)  If the fabrics ordered are not available, the Client may choose a new fabric or have any payments made refunded to him.

(4)  The Client is obliged to check the selected articles, cut and shapes along with special requests before confirming the purchase order. 

 

3. Taking measurements

(1)  The Client gives his assurance that the measurements taken are correct. Measurements may only by taken and recorded by the Contractor or by authorised, trained personnel.

(2)  No guarantee is given for the fit of the Client's measurements if they are transmitted electronically.

(3)  It is expressly pointed out to the Client that any alterations required because of incorrectly transmitted measurements, in the event of orders placed electronically, or any changes in figure are his responsibility and will be charged to him. 

 

4. Amendments to orders after they have been placed

(1) Change requests and changes to measurements cannot be accepted after an order has been placed. Change requests differing from the original specification will incur additional costs for the Client. 

 

5. Delivery dates

(1)  The probable delivery dates given in the offers, invoices and confirmations are to be considered as approximate and without obligation. We reserve the right to make allowance for unpredictable events of force majeure that are not our fault, disturbances in business operations or at the manufacturer that are not the fault of the Contractor, especially strikes and lockouts. The delivery period will be extended accordingly.

(2)  The Client shall not have any right to withdraw from the contract or to claim damages from delays in delivery. 

 

6. Delivery

(1)  The goods are delivered personally by the advisor to a branch of Suter & Co. Personal Tailors AG or to a delivery address agreed with the Client.

(2)  The Client is given a probable delivery date. In notifying the probable delivery date, the Contractor accepts no guarantee of compliance with the notified date.

(3)  If the Client does not accept the delivered goods, the Contractor shall have the right, after the expiry of a subsequent period of two weeks without result, to withdraw from the contract. All consequential costs arising shall be paid in full by the Client.

(4)  The delivered goods shall also be accepted by the Client in the event of minor defects without prejudice to his guarantee rights, for example: measurement deviations of more or less than 1 cm.

 

7. Courier delivery

(1)  If the Client expressly wishes, as an exception, the goods may be sent by courier to the delivery address agreed with the Client.

(2)  If the Client does not accept the delivered goods, the Contractor shall have the right, after the expiry of a subsequent period of two weeks without result, to withdraw from the contract. All consequential costs arising shall be paid in full by the Client.

(3)  With goods delivered by courier, the delivery is deemed to have been fulfilled as soon as the goods have been dispatched. Dispatch and transport damage (e.g. damage, losses) shall not be at the Contractor's expense and any claims by the Client are to be made solely to the carrier in question.

(4)  The delivered goods shall also be accepted by the Client in the event of minor defects without prejudice to his guarantee rights, for example: measurement deviations of more or less than 1 cm. 

 

8. Prices

(1)  All price information on the occasion of the appointment for taking measurements is non-binding, and we reserve the right to change the order total.

(2)  Prices include VAT but do not exclude postage and packaging and are given in Swiss franks or the offered and/or confirmed currency.

(3)  Any courier costs are payable by the Client. This also applies for repeated dispatches if the Client does not accept deliveries and the goods therefore have to be sent again.

(4)  For appointments at a location other than Suter & Co. Personal Tailors AG, Selnaustrasse 1 in 8001 Zurich, we expressly reserve the right to invoice the travel costs separately. 

 

9. Payment

(1) 60% of the order sum becomes payable with the placing of the order for the goods required or when measurements are taken and the purchase order placed. Until the payment of the down-payment for all items covered by the same purchase order (50% of the order total), the purchase order shall not be released for production. The contract between the Client and the Contractor shall only come about on payment of the necessary down-payment.

(2)  The remaining payment (50% of the order total) becomes due 10 days after invoicing and no later than the issuance of the ordered goods.

(3)  Payments shall be made in cash, by credit card, by bank draft or transfer to the account of Suter & Co. Personal Tailors AG. WIR payments are not accepted.

(4)  The ordered goods shall not be released until the complete order total has been paid. The goods shall remain the property of the Contractor until all items in the same purchase order have been paid for in full.

 

10. Force majeure

(1) If despite all due diligence the Contractor can no longer fulfil its contractual obligations because of events of force majeure such as natural phenomena, acts of war, strikes, unforeseen official restrictions, criminal attacks on rooms or the systems of third parties (hackers), etc., the fulfilment of the contract or the deadline for the fulfilment of the contract shall be postponed in accordance with the event that has occurred.

 

11. Complaints

(1)  Complaints must be reported to the Contractor when the goods are handed over.

(2)  No complaint may be made about variations that are customary in the trade or minor, technically unavoidable deviations in quality, colour or fit. 

 

12. Right of cancellation

(1)  If a Client cancels a placed order after payment of the down-payment, the down-payment made cannot be refunded.

(2)  Because the object of the contract is goods that are tailored to individual customer wishes and personal requirements, the application of the Client's right of cancellation and right of return is excluded for the present contractual relationship. 

 

13. Data protection

(1) Personal data is treated confidentially. Personal data is stored for the processing of the order and forwarded to third parties for this purpose if applicable. Customer data is not forwarded for advertising purposes without express agreement. 

 

14. Safeguarding clause

(1) If individual or several paragraphs or formulations of these general terms and conditions of business and/or of the contract completed by Suter & Co. Personal Tailors AG and the Client are or become invalid, this shall not affect the validity of the other provisions and the contract and these GTCs shall otherwise remain applicable for both parties. The contract partners are obliged to replace an invalid provision by a new provision that comes as close as possible to the commercial purpose pursued by the invalid provision. 

 

15. Applicable law

(1) Material Swiss law shall apply exclusively for any disputes arising in connection with the contractual relationship between the Client and the Contractor. 

 

16. Place of fulfilment and legal venue

(1) The place of fulfilment for all performances shall be the registered premises of Suter & Co. Personal Tailors AG, Selnaustrasse 1, 8001 Zurich. The sole legal venue is Zurich. The Client confirms with his oral acceptance of the contract to Suter & Co. Personal Tailors AG that he agrees to these GTCs. He accepts them, including the legal venue agreement as an integral part of the contract concluded with Suter & Co. Personal Tailors AG.