Guidelines

General Terms and Conditions - Kustom Schweiz AG

Status: November 2025
Valid for B2B and B2C in Switzerland
Applies to all business areas (shop, print, embroidery, production, sourcing, projects)

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1. scope of application

These General Terms and Conditions apply to all business relationships between Kustom Schweiz AG, Mooswiesstrasse 30, 9200 Gossau SG, Switzerland, and its customers.

They apply to:
- B2B and B2C customers
- Orders via the online shop
- Orders by e-mail or written order
- Textile finishing (print, embroidery, transfer)
- Customised products & merchandising
- Procurement & Sourcing (national & international, incl. China)
- Project orders, teamwear, event material
- Services & Support

Individual written agreements have priority.

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2nd contract partner

Kustom Schweiz AG
Mooswiesstrasse 30
9200 Gossau SG
Switzerland

Phone: +41 71 380 05 05
E-mail: info@kustom.ch

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3. conclusion of contract

3.1 Online shop

The presentation of the products in the shop is not a binding offer.

By sending the order, the customer submits a binding offer.
The contract is concluded by our written order confirmation.

3.2 Customised offers

Written offers from Kustom Schweiz AG are binding for the duration stated in the offer.

A contract is concluded by:
- Written acceptance of the offer
or
- Order placement after quotation

3.3 Priority of individual agreements

Individual written regulations take precedence over these GTC.

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4. prices & payment

4.1 Prices

All prices are in CHF and exclude VAT (unless otherwise stated).

4.2 Price changes (legally permissible in the OR)

Prices are subject to change:
- Currency fluctuations
- rising import/production costs
- Freight rate changes
- Supplier price increases
- Changes in raw material prices

We are allowed to adjust prices appropriately when external costs rise.

4.3 Payment methods
- Prepayment
- Credit card
- TWINT
- Invoice (after verification)
- Down payment for special productions

4.4 Default of payment

In the event of default:
- Interest on arrears 5 % (Art. 104 OR)
- Retention of further deliveries
- Immediate due date for all outstanding invoices

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5. delivery & delivery delays

5.1 Delivery times

Delivery times are non-binding unless marked as "binding" in writing.

5.2 Permissible delays

Delays due to:
- Suppliers
- Transport/Logistics
- Customs
- Material bottlenecks
- International procurement
- Force majeure

entitle the customer to an automatic extension of the delivery period.

Compensation for damages in the event of delays in delivery is excluded.

5.3 Fixed dates

Only valid if confirmed as such in writing.

5.4 Transfer of risk

The risk is transferred to the customer upon dispatch.

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6. reservation of title

The goods remain the property of Kustom Schweiz AG until full payment has been received.

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7 Warranty & defects

7.1 Duty to inspect

The customer shall inspect the goods immediately upon receipt.

7.2 Notice of defects
- B2B: within 5 days
- B2C: within 7 days

Later notifications are considered late.

7.3 Tolerances (customary in the industry)

Not considered a defect:
- Colour deviations (print, embroidery, textile)
- Slight material/structure deviations
- Technical printing or embroidery tolerances
- Production-related quantity deviations up to ±10 %

7.4 Rework

Kustom Schweiz AG provides:
- Replacement
- Repair
- Price reduction

Cancellation is only possible if the rectification fails.

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8. customised products & approvals

8.1 Binding nature of approvals

The following approvals are binding:
- Print layouts
- Embroidery programmes
- Graphics
- Production samples
- Approvals by e-mail or upload portal

Subsequent changes are not possible.

8.2 Exclusion of return

Customised products are:
- non-cancellable
- non-returnable
- Not revocable (also permitted for B2C)

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9. liability

9.1 We are liable without limitation for:
- Damage caused intentionally
- gross negligence
- Damage to life, body or health (mandatory by law)

9.2 Limited liability

In the event of slight negligence only in the event of a breach of material contractual obligations.

9.3 Exclusion of indirect damage (permitted in CH!)

No liability for:
- Indirect damage
- Indirect damages
- Loss of sales
- Business interruption
- lost profit
- Loss of use

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10. sourcing / procurement / international import

Additional rules apply to procurement and sourcing services:
- Delivery times non-binding
- Transport & customs risk lies with the customer
- Price changes from suppliers may be passed on
- Sample approvals are binding
- Incoterms apply depending on the project (EXW, FOB, CIF, DAP etc.)

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11. returns

B2C

Returns only after consultation and only for non-individualised goods.

B2B

Returns only with authorisation, no returns of custom-made products.

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12. data protection

The privacy policy of Kustom Schweiz AG applies in accordance with DSG & revDSG.

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13. place of jurisdiction & law

Swiss law (OR) applies exclusively.
The place of jurisdiction is Gossau SG or St. Gallen (at the discretion of Kustom Schweiz AG).