Welcome to iNOW.
These GTCs are part of the purchase contract between the customer and iNOW.
By written confirmation during the ordering process, these Terms and Conditions of Sale become the basis of the contract, which excludes all other agreements. For the business relationship between iNOW and the Customer, the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
These GTC apply to both consumers and entrepreneurs. Consumers within the meaning of these GTCs are natural persons with whom a business relationship is entered into without a commercial or self-employed professional activity being attributable to them. Entrepreneurs within the meaning of these GTCs are natural or legal persons or companies with legal capacity with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity. Customers within the meaning of these GTCs are both consumers and entrepreneurs. Deviating terms and conditions of the customer will not be accepted and will not become part of the contract. iNOW reserves the right to change these terms and conditions at any time without notice. For each purchase, those terms and conditions apply which are displayed on the website at the time the customer places the order.
- Order, conclusion of contract
The conditions for all services of iNOW are subject to change and non-binding. The Customer's enquiry to iNOW does not constitute an order acceptance and does not trigger an order process. Only with the confirmation of iNOW and with the print release declaration by the customer the sales contract is concluded. iNOW can refuse the acceptance of the order e.g. if the deadline is too tight on the part of the customer. The customer receives an image file with all details for review and written approval. No changes are possible after the customer has declared his approval for printing. If, for whatever reason, the order does not materialise or if the order is withdrawn after design services have already been provided by iNOW, these design services will be invoiced with an amount of CHF 250. We reserve the right to limit discount campaigns and voucher codes to certain articles or article groups.
- Exclusion of the right of withdrawal
The right of return and cancellation does not apply to goods and products that have been manufactured according to customer specifications, unless the goods are defective or on the basis of a written agreement between the parties. The customer must inform iNOW in writing of any defective goods within 14 days of delivery. The customer is responsible for the safe packaging and timely return of defective goods. Claims for loss or damage in transit must be made by the customer to the carrier. The customer is advised to keep all damaged items and all cartons and packing materials so that they can be inspected by the carrier.
The customer is given the opportunity to try on the sizes and inspect the material on the basis of a sample collection. The sample collection is made available to the customer for a period of two weeks. If the sample collection is not returned on time, the sample collection will be invoiced to the customer. In case of loss, damage or soiling of the samples, iNOW reserves the right to charge the customer for the lost, damaged or soiled samples. If the collection is not returned, the entire collection will be invoiced. In the event of late payment, the customary interest rates will be charged.
- Copyrights/proprietary rights of third parties, release from liability
The Customer is solely responsible for obtaining the proper permissions and licenses, to the extent not permitted by copyright law, from third parties whose rights may be infringed or impaired by the use of material protected by trademarks, service marks, copyright or other proprietary rights. The Client represents and warrants that by obtaining the intellectual property and transmitting it to iNOW for further processing, it is not infringing the intellectual property or proprietary rights of any third party. Customer further agrees not to use any designs, logos or trademarks of any kind in any manner that is immoral, vulgar, defamatory, derogatory, racist or otherwise infringing or unlawful. iNOW assumes no responsibility for any damage or infringement caused by Customer's use of any logo, trademark or proprietary article or transmitted to iNOW in connection with any products ordered from iNOW. Customer agrees to indemnify, defend and hold harmless iNOW and its owners, officers, employees, representatives and agents from and against any and all actions, claims, demands, losses, liabilities, damages or costs brought or asserted against iNOW arising out of alleged breaches of these warranties or representations or the unauthorised, misuse or illegal use of any logo, trademark, copyright or any intellectual property.
Customer acknowledges that all orders of Custom Products are subject to iNOW's sole right to accept or reject them. While iNOW has the right to accept or reject orders for Custom Products, the Customer is solely responsible for design and customisation and iNOW is not obligated to review, accept or reject the Customer's design and customisation.
- Product labelling, own copyright
All items supplied by iNOW always bear the iNOW logo on the front of all tops and on the front left and back right of all trousers. Furthermore, inside labels and/or inside prints bear the iNOW lettering or the iNOW logo. In addition, zips or elastic bands, for example, may have the iNOW logo printed on them. All rights to the designs and models are held by iNOW. All images and texts on www.inow.ch are the property of iNOW and protected by copyright. In case of unlawful use iNOW will take legal action immediately and without notice. iNOW is entitled to show the products produced on behalf of the customer in its own publications, print and online media, advertisements, etc. and to present them at trade fairs or exhibitions. iNOW may name the customer as a reference. The customer assigns all rights including copyrights to iNOW. iNOW reserves the right to sell products that have not been accepted. iNOW reserves the right of ownership and copyright for illustrations, design drafts, drawings, calculations and other documents provided to the customer. This also applies to documents which have not been expressly marked as confidential.
- Payment, default
For orders of custom products via a direct order, the amount is due upon receipt of the goods. Orders of custom products via the Team Shop are paid in advance. If there is still a balance due at the Team Shop, it will be due upon receipt of the goods.
If the customer fails to meet his payment obligation in whole or in part in accordance with the contract, all outstanding amounts owed by the customer to iNOW under any circumstance shall become due immediately. iNOW may claim these with immediate effect and stop further deliveries of products to the customer. In case of unsuccessful reminders, the invoice amounts may be assigned to an external collection agency. In this case, an additional APR of up to 15% may be charged on the invoice amount owed from the due date. The external partner entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
- Delivery time, dispatch, transfer of risk
Delivery dates and delivery periods are only binding if they have been expressly confirmed in writing by iNOW. The delivery time is interrupted for the duration of the examination of release designs (so-called "good to print") by the customer, namely from the day of dispatch to the customer until the arrival of the release. If the customer requests a further change to the order after confirmation of the "good to print", the delivery period shall start again. In case of culpable exceeding of an agreed delivery time, a delay in delivery is only given after setting an appropriate extension. Events of force majeure entitle iNOW to postpone the delivery for the duration of the hindrance. Strikes, lock-outs, obstruction of traffic routes, delays in import/customs clearance, regardless of whether these circumstances occur through no fault of ours, the production or the transport company, as well as other circumstances which make delivery considerably more difficult or impossible, are equivalent to force majeure. Shipment shall be made for the account and at the risk of the customer, even in the case of "free domicile" shipments. The risk shall pass to the customer as soon as the consignment has been handed over to the person or company carrying out the transport. If the customer wishes a special type of dispatch or a special dispatch route, he shall bear the additional costs for this. Immediately upon receipt of the consignment, the contents must be checked for completeness and intactness. If the package is damaged, a complaint must be made immediately to the deliverer and recorded in writing.
- Retention of title
The delivered goods remain the property of iNOW until full payment has been made. In the event of resale, the customer assigns to iNOW the claims and other claims against his contractual partner arising from the resale, including all ancillary rights. The customer is not entitled to pledge the goods subject to retention of title or to assign them as security until the contractual services have been paid in full.
- Complaints, material defects
The customer has to check the correctness of the order confirmation immediately and to report possible errors without delay. iNOW is not liable for errors overlooked by the customer after release. Defects in parts of the delivery do not entitle the customer to complain about the entire delivery. The customer is obliged to report a possible defect within the legal time limits. iNOW reserves the right to repair, replace or reduce the purchase price. Technically unavoidable tolerances regarding colour, fabric quality, material, weight and other designs are no reason for complaint on the part of the customer. Due to the technical conditions, slight variations in tonal values are possible in textile printing despite the greatest care; tonal values may also be displayed differently due to screen settings. These minor deviations are no cause for complaint by the customer. Colour differences can also occur when the item is worn on the body. iNOW accepts no liability for such differences.
iNOW's products are durable as defined by the applicable legal definition. iNOW's products are fully warranted to the original purchaser against defects in materials and workmanship. If a product fails due to a defect in material or workmanship, we will replace or repair it at our expense and option. This warranty does not cover product failure due to accident, misuse, improper care or normal wear and tear. This warranty policy supersedes all previous warranty policies. If the customer sends their item to iNOW for assessment, the delivery must be prepaid and insured. Products accepted under warranty must be clean. The customer will be asked to provide their name, telephone number and email address, along with a description of the product defect.
In addition to the limited warranty set forth above, iNOW shall not be liable to the Customer or any person purchasing from or using any products supplied by iNOW for any damages of any kind, including but not limited to direct or indirect damages or loss of profits, arising out of any clauses.
We love it when customers share their new iNOW custom outfit. If this is posted on social media, we ask that the hashtag #iNOWcustom is used. If communicating publicly, please avoid using the terms "sponsored by", "in collaboration with" or "partnership with".
- Personal data, data protection
All personal data will be treated confidentially. The data provided by the customer is only used to process the order process and shipping and will be passed on to transport service providers commissioned by iNOW. The customer allows the processing of personal and factual data in order to handle the order process and the shipment. Furthermore, address and order data will be collected and processed for own marketing purposes. Note: The customer may object to the use of his data for marketing purposes at any time by notifying iNOW or revoking his consent.
On this website, information about the surfing behaviour of website visitors is collected and stored for marketing purposes. This data is stored on the customer's computer using so-called "cookie" text files and allows us to analyse the surfing behaviour. Under no circumstances can the data be used to personally identify the visitor to this website. The collected data is only used to improve the offer. It will not be used in any other way or passed on to third parties. The customer can object to the completely anonymous analysis of his surfing behaviour. This website uses Google Analytics, a web analytics service provided by Google, Inc. to help the website analyse how users use the site. The information generated by the use of Google Analytics about the use of this website (including the IP address) will be transmitted to and stored by Google on servers in the United States. Google will only use this information to analyse the use of the website by creating anonymised evaluations and graphics on the number of visits, number of pages called up per user, etc. Google will not use this information for any other purpose. We use these exclusively for the purposes of our own market research and, above all, for the optimisation and needs-based design of our websites. More information on the technology used by Google: http://www.google.com/analytics. Plugins of the facebook.com network (http://www.facebook.com), which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 USA ("Facebook"), are used on our websites. These plugins are recognisable by the Facebook logo or a corresponding addition. If you call up a page with one of these plugins, this plugin creates a direct connection between your browser and the Facebook pages. As this transmission is direct, we do not receive any knowledge of the transmitted data. What is transmitted is the fact that you have called up the corresponding page. If you are logged into Facebook at the same time, this information is assigned to your Facebook account and can therefore be related to you personally. The same applies, of course, if you use the plugins ("like") or post comments. If you wish to avoid direct data transfer to your Facebook account, we recommend that you only visit our pages while you are not logged into Facebook. For more information about the further use and storage of your personal data by Facebook Inc., please visit http://www.facebook.com/policy.php.
For information, data and complaints please contact email@example.com
- Final clause
Any deviating agreements must be made in writing. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
- Place of jurisdiction
The contracting parties agree on Swiss law. The contractual language is German. The place of jurisdiction shall be in accordance with the statutory provisions. The place of performance for all business transactions is the company's registered office. The place of performance for all services arising from the business relationships existing with the provider as well as the place of jurisdiction is the provider's registered office, insofar as the customer is not a consumer but a merchant or a legal entity under public law.
- Provider identification
iNOW by Gizzler Trading AG, Geissgasse 21, 3800 Interlaken, SWITZERLAND.
Errors and misprints excepted.
Status January 2022