General Terms of Use for Customization Services

1. Scope 

 

The following General Terms of Use apply to the use of our customization services and apply in addition to our General Terms and Conditions (“GTC”) to all contracts for textiles configured online via our customization services. These Terms of Use apply irrespective of whether you are a consumer or an entrepreneur.

 

2. Configuration of your textiles via our customization services

 

a)    Before approving the personalization, you can check the personalization you have requested at any time during the order process under “Check & Approve” and, if any adjustment is required, correct it in the previous step.

 

b)    In the case of personalization’s with an individual text design, you alone are responsible for the correct spelling and the accuracy of the personalization you have requested. We accept no liability for any spelling, typing or character errors in the personalization texts entered by you.

 

c)    Within the personalization process via our customization services, no further check of the entered texts for possible spelling or typing errors takes place after your final approval of the personalization, even if such errors are obvious. Changes or corrections after approval of personalization are generally excluded.

 

d)    By approving the personalization via our customization services you confirm, irrespective of whether it is a motif and/or text design, that you are authorized to have the personalization applied to textiles, in particular that the personalization does not infringe any name or trademark rights, design rights, copyrights or other intellectual property rights of third parties, the general right of personality or other rights of third parties, nor any general (in particular criminal) laws.

 

e)    You grant Strauss and its affiliates a non-exclusive, worldwide, royalty-free, fully paid- up, sub-licensable right and license to reproduce, store, transmit, modify (solely for technical or production purposes), display in the customization preview, and otherwise use your personalization content for the purpose of (i) providing our customization services to you, (ii) processing, printing, embroidering, finishing and manufacturing the products you order, (iii) performing quality and legal compliance screening (including the automated pre-check and review process described in our Privacy Notice), and (iv) fulfilling our legal, tax, and recordkeeping obligations. You acknowledge that we may sub-license these rights to our production and service provider partners (including Smake) solely to carry out the foregoing purposes.

 

f) In particular, personalizations with the following depictions are not permitted:

 

-        prohibited symbols or signs (including hate symbols and symbols designating unlawful organizations)

-        images or likeness of identifiable individuals, including well-known or famous personalities, unless you have obtained all necessary consents and releases;

-        content containing biometric identifiers or biometric information (including facial geometry, fingerprint, iris, retina, hand or face geometry scans or voiceprints);

-        content containing personal information (including sensitive personal information such as Social Security numbers, driver’s license numbers, financial account information precise geolocation, health information, or information about racial or ethnic origin, religion, sexual orientation, or union membership) of any individual;

-        content that infringes any copyright, trademark, trade dress, patent, right of publicity, privacy right, or other intellectual-property or proprietary right;

-        content depicting or involving minors in a sexual, violent, or exploitative manner; and

-        criminal or offensive content, including content that promotes violence, terrorism, self- harm, harassment, or discrimination on the basis of any protected characteristic

 

g) We reserve the right to reject textile finishing requests submitted to us via our customization services. Your uploaded content is automatically pre-checked using AI-supported processes for legal and quality requirements (including compliance with the restrictions set forth in this Section 2). Final decisions are not made exclusively automatically: if your content is rejected and you disagree with the result, you can contact our support team at any time for a review by our staff.

 

h) You will indemnify, defend, and hold harmless Strauss, its affiliates, and their respective officers, directors, employees, service providers (including Smake), and agents against any and all claims, actions, proceedings, damages, losses, liabilities, penalties, and reasonable attorneys’ fees arising out of or relating to (i) your personalization content, (ii) your breach of these Terms of Use (including any restrictions on uploaded content set forth in this Section 2); or (iii) any claim that your personalization content infringes third-party intellectual-property, publicity, privacy, or other rights or violates any biometric-privacy or consumer privacy law.

 

i) Our customization services are provided for the purpose of personalizing textiles for your own personal or internal business use. You may not use our customization services to produce textiles for commercial resale, distribution, or other commercial exploitation to or for the benefit of third parties without our prior written consent. We reserve the right to refuse, cancel, or revoke any order that we reasonably believe is intended for unauthorized resale or commercial distribution.

 

3. Information on personalization

 

a) We offer you two finishing methods as part of our customization services (direct embroidery and digital transfer). Please check the description and the requirements of each method carefully. The formats and quality of the uploaded files must comply with the specifications.

 

b) We point out that the color rendering of the textiles configured by you on screen depends in particular on the monitor settings and the incidence of light. The images shown as part of our customization services serve merely for illustration purposes. Certain deviations between the images and the finally configured textiles cannot be excluded. Please also note that article-related color deviations are possible, as the colors may appear visually different depending on the material or fabric of the article. Decisive for color rendering are the colors and colour numbers stated as part of our customization services (e.g. RAL, ISACORD etc.).

 

c) Please note that the sizes available to you as part of our customization services for your personalization (“logo sizes”) are merely guide values. The exact size may vary depending on the type of personalization and the selected area. Decisive for the size of the personalization are exclusively the size specifications contained in [the print/embroidery proposal].  We also reserve the right to reduce the size of your personalization by up to 10% during production, insofar as this should be necessary for production- or article-related reasons.  

 

d) In the case of textile finishing, impressions of the embroidery frame or of the transfer printing plate may occasionally remain on the articles. As a rule, these residues can be removed with the first wash. Please also note that transfer printing on textiles may result in color migration (i.e. slight discoloration of the transfer emblem), which is customary in textile finishing and cannot be prevented technically.

 

e)  In the case of direct embroidery, a backing fleece is applied to the inside of the article underneath the logo emblem (your personalization) in order to reinforce it and to achieve better stability and durability of the embroidery. Please note that, in the event of direct skin contact, this may lead to reduced wearing comfort. Please also note that direct embroidery may furthermore impair the functionality of the article (e.g. with regard to wind- and water-repellent properties).

 

f) Depending on the type of personalization (digital transfer or direct embroidery) and the selected garment, care requirements may differ from those for non-personalized clothing. Decisive for the care of the personalized articles are the special care instructions listed as part of our customization services. 

 

g) Your customized textiles are manufactured individually for you. We point out that, despite extensive quality assurance measures, production- and article-related deviations or impairments of the quality, color or size of the configured clothing that are customary in the trade or minor and technically unavoidable may occur, which do not give rise to any warranty claims.

 

4. Privacy

Our collection and use of personal information that you provide through our customization services, including your personalization content and design and order data, is described in our Privacy Policy, which is incorporated by reference into these Terms of Use. If you have any questions about our privacy practices, please refer to the “Contact Us” section of our Privacy Policyotice.