Terms of Business

Last updated: September 6, 2026

This is the studio’s working text. It is written to match this site and to sit under the laws of the United States of America and the State of New York. It is not legal advice and it is not a signed contract. The project agreement, once issued and accepted, controls if it says something different.

1. Who these Terms are between

These Terms are between you — the brand or person who sends a brief or accepts a project — and Tommy Hilfiger, Fashion Development & Manufacturing Studio (“the studio”, “we”). They cover use of this website and, once a project is accepted in writing, the development and production work described on this site.

This is a business-to-business relationship. The site is not a consumer store. We do not offer goods for personal or household use through these pages, and we do not sell at retail.

Notices, invoices and project agreements use this address:

TOMMY HILFIGER
Americas Headquarters
285 Madison Avenue
New York, NY 10017, USA

2. The site is not the contract

Reading these pages, sending a brief, or receiving a first reply does not create a contract to design, sample or produce anything. A contract is formed only when we send a written project agreement or confirmation (including scope, stage, price and calendar) and you accept it in writing — including by email.

Until then, a brief is an inquiry. We may decline it. We do not owe a quote, a call, or a sample because a form was sent.

3. What we do

When a project is accepted, we develop a fashion product and manage the path from the stage you are in toward a sellable garment. That path may include design, collection structure, technical development and tech packs, fabric and trim specification, pattern, sampling, matching a specialist facility to the product, production, quality control, and delivery.

We do not promise a named factory, a line count, or a monthly capacity. Production is placed with the process the garment needs, after the pack and the approved sample can stand as the standard.

Numbers published on Our Conditions — including a production minimum of 100 pcs (divided by models, colors, and sizes), development and sampling of 2–4 weeks each, and production of 8–10 weeks after materials and approval — are the studio’s ordinary working ranges. They bind us only to the extent they are restated in the project agreement for that job. They are not a menu you can mix without a written confirmation.

4. What you do

You are responsible for the brand decisions: the idea, the silhouette you accept, the price band, the launch date you ask for, and any rights you claim in a name, mark, sketch or sample you send. You warrant that you have the right to give us that material and that our use of it for the project will not infringe a third party.

You must give approvals, comments and missing information in time for the calendar in the agreement. A delay in approval or in materials you control moves the calendar by at least that delay. We are not in breach for a date that slipped because a sample was not signed off, a fabric was not confirmed, or a payment that was due was not made.

5. Fees and payment

Unless the project agreement says otherwise, payment is 50% when the services for that stage are contracted and 50% before shipping. We do not collect card numbers on this website. How you pay will be stated on the invoice or the agreement.

Work on a stage does not have to begin until the amount due at contracting has been received. Shipping and release of bulk do not have to occur until the amount due before shipping has been received.

Fees are for the scope in the agreement. A change of style, quantity, fabric, construction or calendar after acceptance is a change order. We will say in writing what it does to price and time before we do that extra work.

Amounts are exclusive of taxes, duties, freight and bank charges unless the agreement says they are included. You are responsible for import duties and clearance in the destination country unless we have agreed in writing to handle a named part of that.

6. Samples, approval and bulk

A sample is for fit, construction and comment. It is not an offer to sell that sample as stock. Bulk is cut only after you approve the sample in writing (including by email) and after materials for that cut are in and paid for to the extent the agreement requires.

The approved sample is the standard. Production is measured against it, not against an earlier sketch. Reasonable commercial variation in cloth, dye lot and make — of the kind ordinary in apparel manufacture — is not a defect if the goods still meet the approved sample and the written specifications.

If you ask us to cut before a sample is approved, you accept the risk of that cut, including that the goods may not match a later change of mind. We may refuse that request.

7. Confidentiality

A brief is confidential from the moment it arrives. We do not show it to another brand. We do not use your product as a case study or in marketing without your written agreement.

If the project proceeds, we may share only what a step needs with the people doing that step — for example a mill, a trim supplier, a pattern maker, or the facility matched to the product — under a duty to use it only for that step.

A separate written NDA can be sent with the first reply if you ask. If an NDA is signed, it controls over this section where the two differ.

8. Files and intellectual property

Your sketches, references, brand names, and marks remain yours. You grant us a limited license to use them solely to review the brief and, if we work together, to perform the contracted stage.

Patterns, tech packs and sample notes we create for a contracted stage become yours when that stage is paid in full. Until then they are the studio’s working files. We may keep one archive copy as needed to defend a quality claim or to complete a repeat that you later order.

If we do not take the project, we will delete or return what you sent if you ask, except for a brief record that a request was made and closed — as described in the Privacy Policy.

We do not transfer ownership of methods, blocks, or know-how that we used before the project or that are not specific to your garment. You do not receive a right to our name or marks except to say, factually, that the studio developed or produced the goods, and only if we have agreed you may say so.

9. Facilities and third parties

Specialist facilities and suppliers are independent contractors, not our employees and not your partners unless a separate writing says so. We remain responsible to you for the work we agreed to manage, within these Terms and the project agreement. We are not liable for a delay or loss caused by a supplier you required us to use, or by a material you specified against our written advice, except to the extent we failed to manage that step with ordinary professional care.

10. Delivery, title and risk

Delivery terms (including Incoterms, if any) will be stated on the project agreement or the invoice. If none are stated, risk of loss passes when we make the goods available to the carrier we or you booked, and title passes when the amount due before shipping has been received.

Dates for development, sampling and production are working estimates unless the agreement calls a date a firm commitment. A firm date is subject to materials being in, approvals being in, and the payments that unlock that step having been received.

11. Claims

You must inspect goods and samples on arrival. A claim that the goods do not meet the approved sample or the written specification must be sent in writing, with enough detail and photographs to identify the issue, within ten (10) business days after delivery to the place named in the agreement. Hidden defects that could not reasonably be found in that inspection must be notified within ten (10) business days after you found them, and in any event within ninety (90) days after delivery.

If a claim is timely and valid, our obligation is to repair, replace, or refund the price of the non-conforming portion — we choose which, acting in good faith. That is your exclusive remedy for non-conforming goods, except for death or personal injury caused by our gross negligence or willful misconduct, or any liability that United States law does not allow us to limit.

12. Warranties

We warrant that we will perform contracted services with ordinary professional care for apparel development and production management in the United States trade, and that goods we deliver will, at delivery, materially conform to the approved sample and the written specifications in the agreement.

Except for that warranty, and except for warranties that United States law does not allow to be disclaimed, the work and the goods are provided without other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some States do not allow a disclaimer of implied warranties; in those States the disclaimer applies only to the extent the law allows.

13. Limitation of liability

To the maximum extent permitted by applicable United States law, we are not liable for lost profits, lost sales, lost data, reputational harm, or any indirect, incidental, special, consequential or punitive damages, even if we were told they were possible.

Our total liability arising out of a project will not exceed the fees you actually paid us for the stage that gave rise to the claim. This cap does not apply to our fraud or willful misconduct, to bodily injury we cause, or to any amount that applicable United States law says cannot be capped.

14. Indemnity

You will defend and indemnify the studio against claims by a third party that arise from a mark, design, sketch or instruction you supplied, or from a sale or marketing claim you make about the goods, except to the extent the claim is caused by our failure to follow the approved sample or the written specification.

We will defend and indemnify you against claims by a third party that our original construction, created solely by us and not from your instruction, infringes a United States patent, copyright or trade dress, except to the extent the claim is caused by a change you required or by a material you specified.

15. Term and stoppage

Either party may stop a stage that has not yet been contracted. Once a stage is contracted, you may cancel it in writing. We will stop new work. Amounts already due stay due. We may invoice for work already done and for materials already bought for that stage that cannot reasonably be returned or used elsewhere. We may cancel a contracted stage if an amount remains unpaid ten (10) days after it was due and we have given written notice.

Sections that by their nature should survive — including confidentiality, files, payment already due, claims, warranties, limitation of liability, indemnity, and governing law — survive cancellation or completion.

16. Events beyond control

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including fire, flood, epidemic, war, embargo, labor stoppage (other than among that party’s own office staff), failure of a declared force majeure at a named mill or facility, or a change in law that makes the work illegal. The affected party must give prompt notice. The calendar extends by the duration of the event. If the event continues more than sixty (60) days, either party may cancel the unfinished portion without liability except for work and materials already done or bought.

17. The website

We may change pages, take the site down, or refuse a brief. Content on the site is for information. It is not an offer to the public and not a warranty. Use of cookies and similar storage is described in the Cookies Policy. Personal information is described in the Privacy Policy.

The site and its text, layout and photographs (except your own files) are owned by the studio or its licensors. You may not copy them to run another development service.

18. Governing law and forum

These Terms, and any dispute arising out of them or out of a project, are governed by the laws of the United States of America and the laws of the State of New York, without regard to conflict-of-law rules that would apply the law of another country. For goods, the Uniform Commercial Code as adopted in New York applies to the extent it covers the delivery.

The exclusive forum for a court action is the state or federal courts located in New York, New York, and each party consents to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If a court must apply a mandatory consumer or local rule of your country, it applies only to the extent that rule cannot be waived, and the rest of these Terms still apply.

Nothing in this section requires arbitration. If the parties later agree in writing to arbitrate a named dispute, that writing controls for that dispute only.

19. General

These Terms, the Privacy Policy, the Cookies Policy, Our Conditions as far as they are restated in a project agreement, and that project agreement, are the entire understanding for the subject they cover. A purchase order or email from you that adds different terms does not apply unless we accept those terms in writing.

If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest remains. A waiver of one breach is not a waiver of the next. You may not assign the agreement without our written consent. We may assign it to a successor of the studio. There are no third-party beneficiaries except as section 14 requires for an indemnity.

Notices under these Terms must be in writing, in English, to the email used for the project or to the address below. Notice is effective when received, or one business day after it is sent by email without a delivery-failure message.

TOMMY HILFIGER
Americas Headquarters
285 Madison Avenue
New York, NY 10017, USA

20. Changes to this page

We may update this page. The date at the top is the version that applies to briefs sent after that date. A project already under a signed or accepted agreement stays on the Terms that were current when that agreement was accepted, unless both parties agree otherwise in writing.

21. Contact

Questions about these Terms go through Start a Project. Say you are writing about the Terms so we do not treat the message as a new production brief unless you also want us to look at a product.