Policies
This English version is provided for convenience. The German version is legally binding.
Terms and Conditions, Kustom Schweiz AG
1. Scope
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 placed via the online shop
- orders placed by e-mail or written order
- textile finishing (printing, embroidery, transfer)
- custom-made products & merchandising
- procurement & sourcing (national & international, including China)
- project orders, teamwear, event material
- services & service work
Individual written agreements take precedence.
2. Contracting party
Kustom Schweiz AG
Mooswiesstrasse 30
9200 Gossau SG
Switzerland
Phone: +41 71 380 05 05
E-mail: [email protected]
3. Conclusion of contract
3.1 Online shop
The presentation of products in the shop does not constitute a binding offer.
By submitting an order, the customer makes a binding offer. The contract is concluded upon our written order confirmation.
3.2 Individual quotations
Written quotations from Kustom Schweiz AG are binding for the period stated in the quotation.
A contract is concluded by:
- written acceptance of the quotation
- or placing an order following a quotation
3.3 Precedence of individual agreements
Individual written arrangements take precedence over these Terms and Conditions.
4. Prices & payment
4.1 Prices
All prices are in CHF and exclude VAT (unless stated otherwise).
4.2 Price changes (legally permissible under the CO)
Price changes are possible in the event of:
- currency fluctuations
- rising import or production costs
- changes in freight rates
- supplier price increases
- changes in raw material prices
We may adjust prices reasonably if external costs increase.
4.3 Payment methods
- payment in advance
- credit card
- TWINT
- invoice (subject to approval)
- deposit for special productions
4.4 Late payment
In the event of default, the following apply:
- default interest of 5 % (Art. 104 Swiss Code of Obligations, CO)
- withholding of further deliveries
- immediate maturity of all open invoices
5. Delivery & delivery delays
5.1 Delivery times
Delivery times are non-binding unless expressly marked as "binding" in writing.
5.2 Permissible delays
Delays caused by:
- suppliers
- transport or logistics
- customs
- material shortages
- international procurement
- force majeure
entitle us to an automatic extension of the delivery period. Claims for damages due to delivery delays are excluded unless we are guilty of intent or gross negligence (Art. 100 CO).
5.3 Fixed dates
Only valid if confirmed as such in writing.
5.4 Transfer of risk
Risk passes to the customer upon dispatch.
6. Retention of title
The goods remain the property of Kustom Schweiz AG until full payment has been received.
7. Warranty & defects
7.1 Duty to inspect
The customer inspects the goods immediately upon receipt.
7.2 Notice of defects
- B2B: within 5 days
- B2C: within 7 days
Later notifications are deemed late.
7.3 Tolerances (customary in the industry)
The following are not considered defects:
- colour deviations (printing, embroidery, textiles)
- slight deviations in material or texture
- technical printing or embroidery tolerances
- production-related quantity deviations of up to ±10 %
7.4 Remedy
Kustom Schweiz AG provides:
- replacement
- repair
- price reduction
Withdrawal from the contract is only possible if the remedy fails.
8. Custom 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 returns
Custom-made products are:
- not cancellable
- not returnable
- not revocable (also permissible for B2C)
9. Liability
9.1 We accept unlimited liability for:
- damage caused intentionally
- gross negligence
- injury to life, body or health (mandatory by law)
9.2 Limited liability
In the case of slight negligence, only for breach of essential contractual obligations.
9.3 Exclusion of indirect damage
Within the scope of sections 9.1 and 9.2, there is no liability for:
- indirect damage
- consequential damage
- loss of turnover
- business interruption
- loss of profit
- loss of use
10. Sourcing / procurement / international import
The following additionally apply to procurement and sourcing services:
- delivery times are non-binding
- the risk of transport & customs lies with the customer
- supplier price changes may be passed on
- sample approvals are binding
- Incoterms apply depending on the project (EXW, FOB, CIF, DAP etc.)
11. Returns
B2C
Returns only after prior consultation and only for goods that have not been personalised.
B2B
Returns only with approval, no returns of custom-made products.
12. Data protection
The privacy policy of Kustom Schweiz AG applies in accordance with the Swiss Federal Act on Data Protection (FADP) and the revised FADP.
13. Place of jurisdiction & applicable law
Swiss law (CO) applies exclusively. The place of jurisdiction is Gossau SG or St. Gallen (at the discretion of Kustom Schweiz AG).
Privacy Policy of Kustom Schweiz AG
This privacy policy describes how Kustom Schweiz AG collects, processes and stores personal data. The protection of your data is important to us. We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and the revised FADP.
1. Controller
Kustom Schweiz AG
Mooswiesstrasse 30
9200 Gossau SG
Switzerland
Phone: +41 71 380 05 05
E-mail: [email protected]
2. Collection and purpose of data processing
We collect personal data when you:
- visit our online shop
- order products
- send an enquiry
- create a customer account
- contact us by phone or e-mail
- request quotations
- submit files for printing or embroidery
- take part in a promotion or event
We process data for the following purposes:
- performance of contracts
- processing of orders
- preparation of quotations
- production and custom manufacturing
- customer communication
- management of customer accounts
- shipping of goods
- processing of payments
- fulfilment of legal obligations
- improvement of our offering
- security of our systems
- marketing, if you have given your consent
3. What data we collect
Depending on the type of contact, the following data may be processed:
- personal master data such as name, address, phone number, e-mail
- delivery and billing information
- order and production data
- graphics and print files
- technical data such as IP address, browser type, access time
- payment information
- content of communications
We only collect the data that is necessary for the respective purpose.
4. Disclosure of data
We only disclose personal data if this is necessary to fulfil orders or if you have given your consent. This applies in particular to:
- production partners
- print shops
- embroidery companies
- logistics and shipping companies
- IT service providers
- web hosting providers
- payment service providers
- customs and authorities for imports
- foreign suppliers in the context of sourcing
We only work with partners who guarantee an adequate level of data protection.
5. Data processing abroad
As part of our sourcing activities, data may also be processed in countries that do not offer a level of data protection equivalent to that of Switzerland, in particular:
- China
- Hong Kong
- other production countries
We ensure that appropriate safeguards are in place through:
- contractual data protection agreements
- standard contractual clauses
- limited and purpose-bound disclosure
6. Cookies and tracking technologies
Our website uses cookies and similar technologies to:
- ensure functionality
- carry out statistical analysis
- improve the user experience
You can deactivate cookies in your browser at any time. Without certain cookies, the use of the website may be restricted.
Among other things, we use:
- Google Analytics
- server log files
- technically necessary cookies
Google Analytics may process data in the USA. We only use it in anonymised form.
7. Newsletter and marketing
You will only receive marketing e-mails if you have consented to receiving them. You can withdraw this consent at any time by:
- using the unsubscribe link in the e-mail
- contacting us directly
8. Storage period
We store personal data:
- for as long as this is necessary for the performance of the contract
- for as long as statutory retention obligations exist
- for as long as there is a legitimate interest in retaining it
Once these purposes no longer apply, we delete or anonymise the data.
9. Your rights
You have the following rights:
- access
- correction of inaccurate data
- deletion, provided there are no retention obligations
- restriction of processing
- release or transfer of your data
- objection to data processing
- withdrawal of consent
For any concerns, please write to [email protected]
10. Data security
We take technical and organisational measures such as:
- access restrictions
- encryption
- secure backups
- protection against unauthorised access
- regular reviews
Our servers and partner locations are chosen so that an adequate level of security is guaranteed at all times.
11. Use of external service providers
We use external providers for:
- hosting
- shop operation
- web development
- payment processing
- shipping
- production
- sourcing
These service providers are contractually obliged to protect personal data.
12. Changes to this privacy policy
We reserve the right to update this privacy policy at any time. The current version on our website is authoritative.
13. Contact
If you have any questions about data protection, please contact:
Kustom Schweiz AG
Mooswiesstrasse 30
9200 Gossau SG
Switzerland
E-mail: [email protected]
Phone: +41 71 380 05 05