Scope of application

All orders, requests, and deliveries are subject exclusively to the General Terms and Conditions. Any deviating terms and conditions will not be recognised by Swissbadge.

Prices

1. Price offers and quotations (which are not included in the order confirmation) are non-binding. Changes by Swissbadge can be made at any time.

Conclusion of contracts and offers by Swissbadge

2. The offers are subject to change. All contracts (especially delivery contracts), other agreements as well as agreements deviating from these terms and conditions shall be made in writing.

3. Swissbadge reserves all property rights to the following items:
   • Illustrations, graphic proposals, drawings and other documents (in particular in connection with the website swissbadge.com)

4. Orders are valid only in written form.  An order by e-mail or WhatsApp is considered a written order. Upon receipt of an order confirmation by Swissbadge, an order is considered accepted.

5. Only information provided by Swissbadge in the order confirmation is considered to be the quality of the delivery item. Descriptions of goods, prices, quantities, information on the Internet, flyers, price lists and other advertisements are only indicative and non-binding.

6. Swissbadge has the right to refuse its services if after the conclusion of the contract it becomes apparent that its right to the consideration is at risk due to lack of ability to pay of the other party (the customer). Swissbadge reserves the right to withdraw from the contract at any time.

Graphics, motifs, and templates

7. For all orders, contracts, offers and deliveries only the GTCs of Swissbadge are valid. Deviating conditions of the contractual partner are not accepted.

8. Swissbadge cannot guarantee an exact match between desired (transmitted thread color in the order) and effective production.

9. Swissbadge receives the right to use copyrights, trademarks, labeling rights from the customer when the order is placed (only within the scope of the purpose of the contract).

10. Swissbadge is allowed to advertise with the final products of its customers. The badges may therefore be recognized (e.g. on social media advertising, flyers and internet).

11. The customer must record color preferences in writing. Only listed in the order confirmation, this will be implemented.

Delivery

12. Binding delivery deadlines and dates must be agreed in writing with Swissbadge. 

13. Partial deliveries are permitted.

14. Unless otherwise agreed, shipping will be uninsured at the expense and risk of our customers. Swissbadge reserves the right to choose the mode of shipment and means of transport for itself.

15. Compliance with Swissbadge’s delivery obligation presupposes the proper fulfillment of its customers’ obligations.

16. If Swissbadge does not receive the deliveries or services of its suppliers or does not receive them on time for unjustifiable reasons or if situations of force majeure occur, Swissbadge will inform its customers about this. In such cases, Swissbadge reserves the right to postpone the delivery or withdraw completely from the contract, but only if it has fulfilled its obligation to inform. In case of withdrawal from the contract in such cases, the customer will be refunded the amount already paid.

Payment

17. Payments for deliveries from Swissbadge are due immediately and are to be made within the agreed payment period without any deductions by bank transfer (bank, Twint, credit card).

18. If Swissbadge’s customers are in default of payment, Swissbadge is entitled to charge interest on arrears in the amount of exactly 5% p.a. above the respective base interest rate.

19. Bank charges will be billed to the customer for foreign payments.

20. Payments are considered made from the day Swissbadge can freely dispose of the invoice amount.

Cancellation of badges

21. If the order is canceled after receipt of the invoice, a total of CHF 50 cancellation fee will be charged.

22. If the order is cancelled after receipt of the sample, CHF 150 cancellation fee will be charged.

23. If the order is cancelled after the sample has been released, the entire invoice amount is due. At this point, the majority of the production costs have already been incurred.

Cancellation of hoodies

24. If the order is cancelled after receipt of the invoice, a cancellation fee of CHF 150 will be charged.

25. If the order is cancelled after receipt of the digital sample, CHF 500.- plus material costs of CHF 35.- per hoodie will be charged.

26. If the order is cancelled after the start of production, the entire invoice amount is due. At this point, the majority of the production costs have already been incurred.

Warranty and liability

27. In the case of claims for defects on the part of the customer, it is assumed that the customer has complied with the inspection and complaint obligations owed under the Swiss Code of Obligations.

28. If the customer withdraws from the contract in connection with the failed subsequent performance, he shall not be entitled to any claim for damages based on the defect.

29. Unless otherwise agreed, liability is excluded.

30. The customer is entitled to the removal of defects or to the delivery of new goods, if there is a defect in the purchased item.

31. Customers have the right to request withdrawal or reduction if subsequent performance fails.

32. The limitation period is one year from delivery of the goods.

33. Swissbadge is liable according to the statutory provisions as long as customers claim damages based on intent or gross negligence including intent or gross negligence. As long as no gross negligence or intentional breach of contract can be proven against Swissbadge, the liability for damages is limited to the typically occurring damage.

34. Liability for culpable injury to body, life or health persists unaffected; this is also valid for the mandatory liability under the Product Liability Act.