Made to order

General Terms and Conditions of HUGO BOSS FASHIONS, Inc.

§1 Scope

§2 Basis of Supply

1. The Customer will place orders with HUGO BOSS for the making of garments based on individual body measurements as well as from standard-sized base patterns, fabrics, and accessories.
2. The first time that the Customer places an order with HUGO BOSS, the Customer must do this in person at a participating BOSS Store which runs the 'Made To Order' program.
3. The Customer may place further orders personally at a participating BOSS Store, or by phone or in writing.

§3 Order Confirmation / Cancelation

1. After placing an order, the Customer will receive written confirmation from HUGO BOSS containing information about the order.
2. The Customer can no longer request changes and HUGO BOSS can no longer accept requests for changes after the Customer receives the order confirmation.
3. The Customer may cancel their order by telephone or personally at a BOSS Store within twenty-four hours from receipt of the order confirmation.
4. HUGO BOSS is entitled to cancel a Customer's order at any time and even after payment in full or in part in the following circumstances:
   1. HUGO BOSS identifies an obvious and unmistakable error in the given price or given description of the product.
   2. HUGO BOSS is unable to obtain authorization for the Customer’s payment and/or suspects illegal or fraudulent activity.
   3. The product (or component) is out of stock or otherwise unavailable.
   4. Any other sourcing or product-related reason, including but not limited to, discontinuing a style or discontinuing the 'Made To Order' program.

§4 Fittings

1. HUGO BOSS will make garments in accordance with the Customer's individual measurements, taken by the store at the time of the sale.
2. If there is an error in the confirmation documents, the Customer has 24 hours to notify HUGO BOSS from the receipt of the order confirmation.

§5 Subsequent Orders

1. HUGO BOSS may store the Customer's measurements for Subsequent Orders in the database and use them to execute such orders.
2. If the Customer places a Subsequent Order by telephone or in writing using their measurements stored with HUGO BOSS, the Customer expressly waives having measurements taken unless a new appointment is scheduled for this purpose at a participating BOSS Store.

§6 Delivery Times

1. Made To Order products will be ready for Customer final fitting or customer pickup three to eight weeks after the order has been placed.
2. Any delivery dates on the order form or conveyed to the Customer are estimates only and HUGO BOSS does not warrant that it will comply with the delivery date.

§7 Prices / Down-Payments / Retention of Title

1. The stated prices exclude sales tax.
2. Full payment is due at the time the Customer places the order.
3. HUGO BOSS will retain ownership of the finished garments until it has received payment in full.

§8 Acceptance / Passing of Risk / Warranty Rights

1. The Customer will receive a pick-up message via e-mail. They agree to pick up their garments immediately following a request from HUGO BOSS.
2. At the time that the Customer picks up finished garments, the Customer is obliged to check whether they are in conformity with the order confirmation.
3. When reordering or reusing prior measurements, the Customer should be aware that even where the same measurements are used, it is possible for there to be slight differences in the shape and design of garments.
4. All sales are final. The Customer will not be entitled to base a claim that the garments are faulty on any changes that occurred after the order was placed.
5. If the Customer expressly so requests, HUGO BOSS will ship the garments specified in the order to the Customer at the Customer’s expense.

§9 Liability / Claims for Damages

HUGO BOSS excludes all and any claims for damages by the Customer, including but not limited to indirect or consequential damages.

§10 No Right of Cancellation, Exchange or Return

Garments are made to the Customer's individual measurements and the Customer has therefore no right of cancellation, exchange or return of the garments ordered.

§11 Data Protection

By ordering a Made To Order Suit or other Made To Order merchandise under the Made To Order program, the customer agrees to the usage of the personal data according to the contractual relationship and for transactional purposes.

§12 Dispute Resolution

The procedures and other terms set forth in §§ 12–15 apply to any and all claims, disagreements, disputes or controversies between the Customer and HUGO BOSS.

§13 Mandatory Informal Pre-Dispute Resolution

1. Before filing any lawsuit relating to a Claim, the Customer agrees to first send a detailed notice ('Notice') to HUGO BOSS.
2. Likewise, HUGO BOSS agrees that if HUGO BOSS has a dispute with the Customer, it will first send a detailed Notice to the Customer’s e-mail address on file.
3. Both Parties agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve the Claims without the need for a formal proceeding.

§14 Waiver of Representative Actions and Jury Trial

1. To the fullest extent permitted by applicable law, the Parties agree that any and all Claims will be resolved individually, without resort to any form of class action or representative action.
2. Additionally, both Parties voluntarily and knowingly waive any right to a jury trial.

§15 Choice of Law and Jurisdiction

1. Any contract between HUGO BOSS and the Customer including but not limited to any orders and these General Terms and Conditions are governed by the laws of New York.
2. In the event that a dispute between HUGO BOSS and the Customer arises out of or in connection with the order or these General Terms and Conditions, HUGO BOSS and the Customer both agree that the courts of New York will have exclusive jurisdiction.

§16 HUGO BOSS company details

§17 Amendments and updates

The General Terms and Conditions may be amended or updated at any time by HUGO BOSS. Customers will be notified of any changes via the HUGO BOSS website or other communication channels.