- Area of applicability
TAILORED FITS AG, based in Horw, Switzerland, is the owner and operator of www.TAILORED-FITS.com, including all domains and subdomains associated with TAILORED-FITS.com®.
These general terms and conditions of business (“general terms and conditions of business”) shall apply to all legal relationships of any kind between potential and actual customers and TAILORED FITS AG (“TAILORED-FITS.com”). They are in particular applicable to all purchases made by a customer (“customer”) and to the utilisation of services by a customer and also apply to the use of the www.TAILORED-FITS.com website (“online shop”) and to all contracts concluded online on this website. All deliveries, services and offers by TAILORED-FITS.com shall be made exclusively on the basis of these general terms and conditions of business. The customer agrees to be bound by these general terms and conditions of business insofar as he uses the online shop, utilises services of any kind provided by TAILORED-FITS.com, transmits digital data to TAILORED-FITS.com or places an order at TAILORED-FITS.com.
- General remarks and language
Any deviations from these general terms and conditions of business require express written agreement. Should these general terms and conditions of business conflict with the customer’s contractual terms, these general terms and conditions of business of TAILORED-FITS.com shall take precedence. The language used for agreements is German.
- Products and services
TAILORED-FITS.com offers made-to-measure insoles, footwear and protective clothing for various sports. On the website, the customer will find detailed product descriptions and 3D visualisations of the products on offer. Whereas TAILORED-FITS.com will make every endeavour to present product colours and materials as accurately as possible on the website, the actual colours may deviate from those displayed on the screen (depending on the customer’s display settings).
The individual fit for the customer’s product (“product”) is accurately reproduced based on the customer’s 3D scan data, using additive manufacturing processes.
The initial measurement of the relevant body part using 3D scan technology must be carried out by specialist personnel trained by TAILORED-FITS.com.
The products in the current range, the current advertising, the online shop or at authorised TAILORED-FITS.com dealers are sold exclusively in the particular designs, specifications and recommendations indicated. We reserve the right to make technical modifications in the pursuit of technical progress as well as changes of shape, colour and weight.
- Prices and payment
The current, authoritative and binding information on product prices and delivery costs is provided in the currency of the respective shop on the TAILORED-FITS.com website.
All prices given include VAT at the statutory rate.
Customs duties, if applicable, are not included in the prices and shall be borne by the customer. Deviations from this principle are mentioned on a case-by-case basis in the product description.
Since TAILORED-FITS.com products are only made individually for customers, full payment must be made in advance without deductions within 24 hours of order placement.
TAILORED-FITS.com offers the following payment types: PayPal, MasterCard, Visa.
- Orders in the online shop
5.1 Availability and misuse
TAILORED-FITS.com is unable to guarantee constant, uninterrupted availability of the online shop and assumes no liability for technical disruptions to the online shop operation. The customer chooses an individual user name and personal password for the customer account in the online-shop and undertakes to treat both as confidential. TAILORED-FITS.com assumes no liability for improper use of the customer account and any resultant losses.5.2 Order procedure / contract conclusion
Goods and services and their prices shown in the online shop do not constitute an offer.
The initial measurement of the relevant body part using 3D scan technology must be carried out by specialist personnel trained by TAILORED-FITS.com. Repeat orders based on a previous scan are only advisable if the body part has not undergone any subsequent changes. Repeat customer orders are deemed to be confirmation of this fact by the customer. In case of doubt, an up-to-date measurement should be carried out.
The order procedure will be initiated with the delivery of the customer’s digital scan data to TAILORED-FITS.com.
The customer places the selected products in a virtual shopping basket which must be checked and corrected if necessary before placement of the binding order. Sending the order by the customer is deemed to be a binding offer to which the customer is committed for five working days or until its rejection by TAILORED-FITS.com.
The order is stored by TAILORED-FITS.com together with the currently applicable general terms and conditions of business and sent to the customer by e-mail. This automated confirmation does not represent acceptance of the customer’s offer by TAILORED-FITS.com. The applicable general terms and conditions of business may be inspected at and downloaded from https://www.tailored-fits.com/agb at any time.
The customer concludes his order by making payment which must take place within 24 hours of delivering the data.
The quality of the scans will be checked by TAILORED-FITS.com. TAILORED-FITS.com reserves the right to reject scans without giving reasons for improvement. TAILORED- FITS.com is also entitled to decline further processing of an order without giving reasons. Should payment have already been made, TAILORED-FITS.com will return the amount paid to the customer without delay.
On receipt of payment and checking of the scan, TAILORED-FITS.com will confirm the order to the customer by e-mail to the address supplied by the customer, at which point the contract between the customer and TAILORED-FITS.com has come into effect.
After confirmation of the order, TAILORED-FITS.com begins manufacture of the individual product based on the customer’s scan data. The order is non-cancellable and cannot be amended.5.3 Delivery and shipping terms
TAILORED-FITS.com will dispatch the finished product as soon as possible, usually within 14 days of the date of confirmation.
Notification of any delivery delays will be indicated to the customer by TAILORED-FITS.com.
TAILORED-FITS.com is entitled to make partial deliveries and partial performance. Any costs arising for the split dispatch will be borne by TAILORED-FITS.com.
Should delivery of the goods be impossible as a result of force majeure or cessation of production or should TAILORED-FITS.com be unable to obtain the products ordered on reasonable terms, and should these circumstances only arise after conclusion of the contract and for reasons outside the control of TAILORED-FITS.com, TAILORED-FITS.com shall be released from its obligation to deliver. Should events occur which make delivery substantially more difficult or impossible for TAILORED-FITS.com, for example strike, lockout, official directives or such-like, TAILORED-FITS.com shall not be held liable for delays even where binding deadlines and delivery dates have been agreed.
Delivery shall be made at the individually indicated shipping costs.
Benefit and risk pass to the customer once the goods have been handed over by TAILORED-FITS.com to the logistics partner entrusted with the delivery.
Delivery is made via logistics partners. TAILORED-FITS.com despatches goods from Monday to Friday.
As a general rule, delivery is made to the front door. Other services, such as unpacking, assembly or taking back of packaging materials are not included in the delivery costs. In the event of delivery addresses with no access route or difficult access, delivery shall be made to the nearest access point or train station. However, should the customer desire delivery to the front door in this case, the customer shall bear the additional costs in full. Obtaining any permits that may be required, the provision of ancillary equipment etc. are the customer’s responsibility.
TAILORED-FITS.com delivers throughout Switzerland and in the countries as per the country / shipping cost overview.
5.4 Transport damage and product defects
It is the customer’s responsibility to check the integrity of each delivery immediately on arrival and to notify TAILORED-FITS.com of any deficiencies within two days of receipt. Should the package be damaged or repaired using the transport company’s adhesive tape, it is the customer’s responsibility to make an immediate complaint about the damage to the delivery agent and demand written confirmation of the complaint. Should the customer fail to do so, the delivery shall be deemed to have been accepted. In case of doubt, the delivery of the package should be refused and TAILORED-FITS.com informed. TAILORED-FITS.com assumes no liability for damage caused through the acceptance of packages by third parties. The customer must ensure that each delivery can only be accepted by authorised persons.
5.5 No right of cancellation or return
Because each product is manufactured individually for the customer, there is no right of cancellation or return.
- Gift cards
Gift cards may be purchased in the TAILORED-FITS.com online shop. They can be redeemed for the purchase of goods in the TAILORED-FITS.com online shop or in authorised retailers. Should the value of the gift card be insufficient to meet the cost of the purchase, the customer can pay the outstanding amount using one of the other payment methods accepted by TAILORED-FITS.com. A number of gift cards can be used to make a payment. Gift cards cannot be used to purchase additional gift cards. Residual credits can be redeemed up to the end of the fifth year after the purchase date of the gift card or transferred to a new gift card on request. Credits may not be paid out in cash nor credited to a credit card.
- Warranty and complaints
TAILORED-FITS.com warrants the production of the personalised product chosen by the customer in the version chosen by the customer in accordance with the customer-supplied 3D scan.
The customer is specifically made aware and acknowledges that the product is manufactured on the basis of precise 3D scans. TAILORED-FITS.com guarantees the precise manufacture of the customer’s chosen product, based on the supplied scan data. A perfect fit is not guaranteed.
The shape of the scanned body part may change as a result of accident, illness, training, significant weight gain or loss etc. after production of the 3D scan. Any changes after production of the 3D scan naturally affect the fit.
Should the purchased goods exhibit material defects, rescission is excluded as an option. In the first place, TAILORED-FITS.com has the right to remedy the defect by means of a replacement delivery or rectification. Should TAILORED-FITS.com waive this option, a reduction is possible.
Complaints regarding defective goods and/or services are always to be sent direct to TAILORED-FITS.com in writing or via e-mail. Any exchange or repair may be effected by post, provided that the customer makes a note to this effect on the delivery documents.
Repairs to articles purchased from TAILORED-FITS.com will be carried out at cost price. Only cleaned items can be accepted for repair. Delivery costs to the manufacturer or to the repair workshop from the TAILORED-FITS.com branch will be borne by TAILORED-FITS.com. Delivery costs for home deliveries shall be borne by the customer.
- Limitation of liability
TAILORED-FITS.com excludes, within the limits allowed by law, any liability for losses or damage of any kind (including indirect or direct consequential losses) which could arise to the customer in connection with the use of the product. TAILORED-FITS.com’s liability for the actions of its auxiliaries and substitutes is also excluded within the limits allowed by law.
- Data protection
The customer consents to the processing of his personal data by TAILORED-FITS.com which TAILORED-FITS.com requires to process orders, repairs, guarantee claims and other services as well as to maintain the customer relationship. Customer data and all purchase and order information will be treated as confidential. Customer data will not be passed on to third parties for advertising purposes.
Further information is available at www.TAILORED-FITS.com/privacy-policy
- Copyright and reporting in the event of an infringement
The entire Internet presence of TAILORED-FITS.com under www.TAILORED-FITS.com, including all subpages and content of any kind, is protected by copyright. The content may not be utilised or exploited elsewhere for commercial purposes without the prior, written consent of TAILORED-FITS.com. The website contains links to third-party websites whose content is outside the control of TAILORED-FITS.com. Links to third-party websites with unlawful content will be deleted by TAILORED-FITS.com; reports of websites of this type may be addressed to info@TAILORED-FITS.com.
- Changes to the general terms and conditions of business
TAILORED-FITS.com reserves the right to amend and/or supplement these general terms and conditions of business at any time. The currently applicable version may be inspected at any time at https://www.tailored-fits.com/terms-conditions. Changes or additions shall be deemed to have been agreed should the customer not raise an objection within 30 calendar days.
- Severability clause
The entire or partial invalidity or ineffectiveness of individual provisions of these general terms and conditions of business shall have no bearing on the effectiveness of the remaining provisions or parts thereof. Invalid or ineffective provisions are to be replaced by provisions which correspond as closely as possible in their legal or economic meaning. The same procedure is to be followed if these general terms and conditions of business contain a gap.
- Place of jurisdiction and applicable law
Subject to possible mandatory jurisdictions, the ordinary Swiss courts at TAILORED-FITS.com’s headquarters are exclusively responsible in respect of all disputes arising out of or in connection with these general terms and conditions of business and with all legal relationships between the customer and TAILORED-FITS.com. Moreover, TAILORED-FITS.com is entitled to prosecute the customer at his domicile.
To the extent permitted by law, these general terms and conditions of business and all legal relationships between the customer and TAILORED-FITS.com are subject to substantive Swiss law, with the exclusion of any conflict of laws, as well as the exclusion of the provisions of the Vienna Convention (CISG).