General Terms and Conditions

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Do you need legally compliant and customized general terms and conditions (GTC) for your company?

T&Cs are indispensable for clearly regulating rights and obligations and avoiding legal disputes. With our support, you can create GTCs that meet both the legal requirements and the specific needs of your company and help to minimize legal risks.

What are general terms and conditions?

General terms and conditions (GTC) are pre-formulated contractual clauses that a contracting party, usually a company, can stipulate unilaterally vis-à-vis the contractual partner. They regulate generally recurring contractual conditions such as warranty, payment terms or liability and apply in addition to an individual contract. In Switzerland, GTCs must correspond to the will of the parties and may not violate mandatory law or the principle of good faith. Unfair terms that create a significant imbalance between the rights and obligations of both parties can be declared invalid - e.g. in the case of consumer contracts in accordance with the UWG. For GTCs to be applicable, the customer must have expressly or tacitly agreed to them when the contract was concluded. An experienced lawyer can check whether your GTC are formulated in a legally compliant manner, whether there is room for improvement or whether individual provisions may be considered unfair.

The advantages of AGB:

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Legal certainty

T&Cs provide clear rules and framework conditions to minimize legal uncertainties. They define the rights and obligations of both parties and help to avoid legal disputes.
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Transparency and clarity

T&Cs create transparency by clearly formulating the essential conditions of a business relationship. This avoids misunderstandings and ensures that customers and business partners know exactly what they are agreeing to.
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Limitations of liability

Companies can exclude or limit their liability in certain cases with well-formulated general terms and conditions.
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Efficiency in business processes

GTCs standardize frequently recurring contractual conditions so that you don’t have to make new agreements every time. This saves time and resources and makes it easier to conclude contracts.

Our service packages

Service package 1:

Creation of new GTC

From CHF 1,500 (plus VAT)

depending on the scope and complexity of the GTC.
What can you expect?
  • Initial meeting: Clarification of your company’s business requirements and specific needs.
  • Creation of general terms and conditions: Creation of customized, legally compliant GTC that meet the legal requirements in Switzerland and are optimally tailored to your industry and your company.
  • A feedback round: opportunity to discuss the GTCs created and make adjustments as required.
How long does it last?

Depending on the scope 1-2 weeks.

Who is it aimed at?

Companies that need legally compliant general terms and conditions tailored to their needs in order to secure their business relationships.

What is achieved?
  • Legal certainty: Minimization of legal risks and clear framework conditions for your business relationships.
  • Efficiency: Time and resources are saved as many contract terms are standardized and pre-formulated.
  • Building trust: Transparent and clear general terms and conditions strengthen the trust of customers and business partners.

Service package 2:

Review and adaptation of existing GTC

From CHF 1,000 (plus VAT)

depending on the scope and complexity of the GTC.
What can you expect?
  • Initial meeting: Clarification of your company’s business requirements and specific needs.
  • Review and adaptation: Detailed analysis of your current GTC for legal certainty and up-to-dateness as well as adaptation of the GTC to changed legal provisions or operational requirements.
  • A feedback round: opportunity to discuss the proposed changes and make adjustments as required.
How long does it last?

Depending on the scope 1-2 weeks.

Who is it aimed at?

Companies that want to update their GTC and adapt them to current legal developments or operational changes.

What is achieved?
  • Update: Ensure that your general terms and conditions comply with legal requirements and operational realities.
  • Legal certainty: Minimization of legal risks through updated and legally compliant general terms and conditions.
  • Avoidance of legal disputes: Clear and comprehensible general terms and conditions create transparency in business relationships.

How can Vectra Advisors help?

Vectra Advisors are your first choice for the creation and adaptation of general terms and conditions. Our LAWYERS+ will provide you with uncomplicated and pragmatic support for every issue. Get in touch with us to get started!

Your contact for this topic:

alex bardin

Alex Bardin, Legal Expert

alex.bardin@vectra-advisors.com

alisa burkhard

Alisa Burkhard, Legal Expert

alisa.burkhard@vectra-advisors.com

Book a non-binding and free call with us:

FAQ: Frequently asked questions about general terms and conditions

When are general terms and conditions considered an effective part of a contract?

In order for general terms and conditions (GTC) to become part of a contract, the counterparty must have taken note of them or had the opportunity to take note of them and explicitly or implicitly agree to them when concluding the contract. In online shops or webshops in particular, it is common practice to confirm acceptance of the GTC during the ordering process. If this information is missing, the GTC are often not effectively part of the contract.

What legal significance do abusive or unreasonable clauses in terms and conditions have?

Abusive terms and conditions that violate mandatory law or the principle of good faith are invalid in Switzerland, even if they have been formally accepted. This applies, for example, to jurisdiction, licenses, or clauses that create a significant and unjustified imbalance between the contracting parties. The unusual clause rule protects consumers in particular from surprising, unclear, or unfair provisions.

Can terms and conditions simply be transferred or copied, e.g., as a template?

Although there are numerous templates for general terms and conditions on the Internet – including in English – simply transferring or copying them in full entails legal risks. Many templates for general terms and conditions do not comply with applicable Swiss law or contain pre-formulated contractual clauses that are inappropriate or inconsistent in the specific business or SME environment. In addition, individual provisions often have to be negotiated individually or at least adapted in order to be effective.

What should be considered when interpreting general terms and conditions?

The interpretation of general terms and conditions is generally based on the principle of trust. This means that it is examined how the contracting parties could reasonably have understood the clauses. Unclear wording in general terms and conditions is interpreted to the disadvantage of the party that drafted them – in most cases, the company. So-called concretization through practice, references or cooperation of the other party can also play a role. Particularly in the context of global acceptance of GTC, it must be examined whether individual provisions are surprising or ineffective.

What should entrepreneurs keep in mind when using terms and conditions in a web shop?

If you use terms and conditions in a web shop, they must be easily accessible to customers and presented before the order process is completed, and they must be accepted. Only then are they considered part of the contract. Pay attention to transparency, clear language, and compliance with legal requirements, in particular article 8 of the UWG (Unfair Competition Act). A severability clause alone does not protect against the invalidity of unreasonable terms and conditions – especially if they are used in bad faith to the expense of the online shop’s customers.