1. Scope of application

These General Terms and Conditions (GTC) apply to the entire business of Josephine-madetomeasure.online (hereinafter “company"). 

2. Conclusion of the contract

The contract is concluded upon the customer's acceptance of the company's offer concerning the purchase of products. The contract is concluded in any case when the customer orders the products offered by the company through the online store of the company or buys them directly.

3. Pricing

Unless otherwise stated, all prices are quoted in Swiss francs (CHF). Prices include VAT and shipping. The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract on the company's website and in accordance with the company's price list apply.

4. Payment

The company offers the customer the following payment options: credit card, prepayment, Twint.

Should the invoice not be paid within the aforementioned payment period, the customer is automatically in default. The customer owes default interest in the amount of 5% (five percent) from the moment of default.

Should the company also offer products for purchase, rent or other use via an online platform, it may also require payment by electronic means during the ordering process (credit cards, Paypal or other payment systems).

Offsetting of the invoiced amount against any claim the customer has against the company is not permitted.

The company is entitled to refuse delivery or provision of services in the event of default in payment.

5. Duties of the company

5.1. Delivery / Delivery dates

Delivery is completed within 30 (thirty) working days after receipt of the order. Should timely delivery not be possible, the customer is to be informed by the company within 5 (five) working days after receipt of the order and the new delivery date is to be communicated.

Unless otherwise agreed, the place of performance is the registered office of the company. The company fulfils their role by handing over the ordered products to the agreed carrier. Should no forwarder be agreed, the company is free to choose a forwarder. The agreed delivery costs must not be increased by the choice of the carrier.

5.2. Auxiliary staff

The parties are expressly entitled to call in auxiliary staff to perform their duties under the contract. They are to ensure that the auxiliary staff are used in compliance with all mandatory legal provisions and any collective labour agreements.

6. Exchange

An exchange of products is excluded in principle.

7. Warranty

The company guarantees that the product is free from defects in material and manufacture.

Any defect must be reported to the company immediately. It is at the company’s discretion whether the defective product is to be repaired or replaced. Only if a replacement or repair is not possible, is the customer entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. The customer is not entitled to a replacement product during the time of repair. The warranty starts anew for the repaired element, while for the remaining elements of the product the original warranty period continues.

8. Tolerances

Customised products manufactured by the company are always produced in accordance with the specifications provided by the customer. The selected model is adapted according to the communicated measurements and manufactured in a made-to-order process. Certain tolerances may occur as the tailor works out the best solution for each individual garment. The company is constantly striving to improve the quality and design of its products. For this reason, it may happen that two customised products ordered at different times have slight deviations from each other. As the products may come from different fabric deliveries, the fabrics may vary slightly in shade. This is due to normal variations in the dyeing process.

9. Conformity

The garment displayed in the online store is a visualisation. The final product is slightly different in construction, as it is adjusted to the individual body measurements of the customer. 

Colour reproduction differs from screen to screen and therefore the images do not represent an exact colour reference, and are therefore only an indication.

Should the dimensions or the design of the customised product not correspond to the specified dimensions or the selected design, the company is to offer the customer a new customised product of equal value or the customer is to receive a refund. 

The customer assumes full responsibility for the measurements conveyed to the company. The customer is obliged to carefully determine and communicate them in accordance with the company's specifications. The company expressly disclaims any responsibility for incorrectly determined or communicated body measurement data. 

10. Liability

Liability for any indirect damages and consequential damages is excluded completely.

Liability for direct damages is limited. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary staff is excluded completely.

11. Intellectual property rights

All rights to the products, services and any trademarks are owned by the company or the company is authorised to use them by the owner.

Neither these General Terms and Conditions nor any associated individual agreements are to include the transfer of any intellectual property rights, unless this is explicitly mentioned.

In addition, any reuse, publication and making available of information, images, texts or anything else received by the customer in connection with these Terms and Conditions is prohibited, unless explicitly authorised by the company.

Should the customer use content, texts or pictorial material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

12. Data protection

The company may process and use the data recorded in the course of concluding the contract for the purpose of fulfilling the obligations arising from the contract. The company undertakes the measures necessary to secure the data in accordance with the legal regulations. The customer fully agrees to the storage and contractual use of their data by the company and is aware that the company is obliged and entitled to disclose information from the customer to courts, authorities or third parties by order of courts or authorities. Should the customer not have expressly prohibited it, the company may use the data for marketing purposes. The data necessary for the performance of the service may also be passed on to contracted service partners or other third parties.

Furthermore, the data protection provisions apply.

13. Changes

These General Terms and Conditions may be amended by the company at any time.

The new version comes into force 30 (thirty) days after the company posts it on the website.

The version of the GTC in force at the time of the conclusion of the contract applies to the customer. This is unless the customer has agreed to a newer version of the GTC.

14. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which further specify the provisions of these GTC take precedence over these GTC.

15. Severability clause

Should any provision of this agreement or any related supplement be or become invalid, the validity of the remainder of the agreement is not affected in this regard. The contracting parties are to replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any omissions in the contract.

16. Confidentiality

Both parties and their auxiliary staff undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.

17. Force majeure

Should the timely performance by the company, its suppliers or third parties involved become impossible as a result of force majeure such as, for example, natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage and pandemics, the company is released from the performance of the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. Should the force majeure lasts longer than 90 (ninety) days, the company may withdraw from the contract. The company is to fully reimburse the customer for any payment already made.

Any other claims, particularly claims for damages due to force majeure, are excluded.

18. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company has jurisdiction. The company is at liberty to instigate legal proceedings at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.