General terms and conditions
We review general terms for purchases, subscriptions and services under Swiss law. For individuals, we clarify which clauses were validly agreed and what rights exist concerning liability, warranty, contract duration and termination.
Which terms apply?
General terms must be validly incorporated when the contract is concluded. Reasonable opportunity to read them and consent are essential; terms communicated only after purchase do not automatically apply. Keep the version valid at conclusion.
An individual promise may prevail over a general clause. Unusual provisions not reasonably expected under blanket consent may fall outside that consent. Unclear clauses must be assessed under applicable interpretation rules.
Consumer protection and contractual risks
Swiss law protects consumers against, among other things, abusive general terms that, contrary to good faith, create a significant and unjustified imbalance in contractual rights and duties. This does not automatically invalidate every unfavourable clause.
Total price, additional costs, warranty, liability, duration and cancellation are important in practice. Jurisdiction clauses are also subject to special limits in consumer contracts. Simply choosing foreign law does not always displace mandatory protection.
Amendments, renewal and disputes
Publishing a new version of general terms on a website does not alone alter existing contracts. The amendment clause, notification, consent and possible termination options must be examined together. Automatic renewals must also be validly agreed.
Ordinary Swiss online purchases provide no general statutory withdrawal right. A promised return right or special statutory withdrawal right may nevertheless exist. Order confirmations, saved terms, advertising and written complaints help in disputes.
Frequently asked questions
Do general terms apply if I have not read them?
Valid consent may generally exist without actual reading. However, reasonable access must have been possible. Unusual clauses and mandatory protective provisions must be examined separately.
Do terms printed only on the invoice apply?
Generally not to an already concluded contract merely by a later reference. The decisive questions are which terms were incorporated at conclusion and whether a valid amendment was subsequently agreed.
Can the seller exclude all liability?
No. Statutory limits remain, including for intent and gross negligence. Warranty and compensation must be distinguished. Further consumer protection rules may limit a clause.
May my subscription renew automatically?
Validly agreed renewal may be permissible. Transparency, notice period and the specific clause must be examined. A surprisingly hidden or abusive provision is not binding merely because of general consent.
Do I have a return right for online orders?
Ordinary Swiss online purchases provide no general statutory withdrawal right. A voluntary return promise, special contract types or a foreign connection may lead to other rules. Check the deadline, condition requirements and return costs.
Which version of general terms should I retain?
The version agreed at conclusion and evidence of later changes. Save the terms, confirmation and relevant screenshots. A current website link does not prove what applied to your purchase.
Complex questions from practice
Must I pay extra costs visible only in the general terms and conditions?
Extra costs are not owed merely because they appear somewhere in general terms. Review whether the terms were validly incorporated, how the price was presented and whether the clause is transparent and permissible. An individually agreed price promise may prevail over the standard provision.
Preserve the order screen, offer and confirmation as applicable at conclusion. A clear objection helps identify disputed points. Do not simply ignore reminders, since even a disputed claim may trigger further procedural steps.
Under what conditions does an amendment clause in general terms permit a price increase without renewed express consent?
An amendment clause does not permit arbitrary price increases. Its scope, objective conditions and agreed notification must be considered together. Termination options and the specific contract may also matter. Silence in response to an email is not automatically consent regardless of these circumstances.
Review the original clause and compare old and new terms. Record receipt and content of the amendment notice. These help establish whether the increase is contractually covered and what responses are available.
Can a general-terms clause require me to bring proceedings abroad or before an arbitral tribunal?
Foreign jurisdiction and an arbitration clause are legally different agreements. Especially in consumer contracts, mandatory jurisdiction rules and protective provisions may prevent their effect. Contract type, residence and how the clause was agreed are among decisive factors.
Before proceedings, clarify which court has jurisdiction and whether the clause was validly agreed. Besides the law, consider costs, language and later enforcement. Mere inclusion in general terms does not conclusively answer these questions.
What happens to the rest of the contract if one general-terms clause is invalid?
Invalidity of one clause does not automatically annul the whole contract. Statutory replacement rules, party intentions and partial-nullity requirements must be examined. A severability clause may provide guidance but does not itself validate unlawful content.
For practical assessment, it matters which provision falls away and how remaining duties interact. A contract may continue with a different allocation of risk. Review not only the disputed clause but also its relationship to price, performance and liability.