General Terms and Conditions
In the general terms and conditions, the online seller summarizes all legal aspects of the business. Once the customer has agreed to this document, it is an integral part of the purchase agreement.
In Switzerland, the legal basis for the sale of goods or services can be changed through the contract and the terms of the contract. As a rule, a trader summarizes all its terms of sale in a document referred to as the “TERMS and conditions”. This is a form of legal protection. More detailed information on the legal obligations of the operator can be found in the corresponding chapter:
For the GTC to be valid, they must be accepted by both parties. They must be made available to the customer before the ordering process. For example, the webshop may contain a check box for the text “I have read and accepted the terms and conditions” in which a check mark must be set during the ordering process. As a rule, the more explicit the customer’s declaration of intent, the greater the likelihood that a court will approve the acceptance of the GTC in the event of a dispute. Since the Terms and Conditions can be regularly updated, a full copy of each contract should be kept.
Contents of the GtC
In order to avoid an interpretation of the GTC at the expense of the operator, it is strongly recommended to prepare this document with the support of a specialist lawyer.
When writing the terms and conditions, all steps of the sales process should be considered. Here are a few points to consider:
- Ensure. Warranty provisions for the goods or services sold during the transaction.
- Privacy. Use of collected data, encryption technology, etc.
- Orders. Terms of invoice and payment, VAT, etc.
- Delivery. shipping areas, delivery times, etc.
- Liability. For example, in case of damage to the goods during shipping.
- Returns. Exchange and redemption arrangements.
- Applicable law and place of jurisdiction. In the event of a dispute, the competent court and applicable law (reference to Swiss law).
Abusive or inappropriate declarations in the GtC, e.g. “The buyer bears the shipping risk”, are unlawful. Clauses that increase the risk to the consumer must be clearly highlighted.