Formulation of general terms and conditions (GTC)
The correct formulation of general terms and conditions is very important, as it can help to avoid any legal disputes. Below you will find some key points that you should bear in mind when formulating general terms and conditions.
Formulation of general terms and conditions
The formulation of general terms and conditions terms and conditions can significantly simplify contract processing for new entrepreneurs. General terms and conditions are useful for mass services, as time does not have to be spent negotiating minor conditions every time.
Unusuality and ambiguity rule
In addition to Art. 8 UCA, the unusualness and ambiguity rule must also be observed. The rule of unusualness states that unusual formulations in general terms and conditions must be explicitly pointed out. This can be done by bolding the provisions. The reason for this is the so-called global assumption of customers. The legislator assumes that the customer does not explicitly read the individual provisions of general terms and conditions and thus makes a global assumption. Therefore, any unusual provisions must be explicitly pointed out.
The ambiguity rule applies if the wording of the general terms and conditions is unclear. It states that such a provision is interpreted against the author (in dubio contra stipulatorem). This therefore serves to protect consumers.
Structure and content of general terms and conditions
A simple structure is recommended in which all essential points are regulated.
- scope of application
(Where do the GTC apply and how can they be deviated from). - services
(Description of the services provided and who must provide them and when). - prices
(Are the prices including VAT or not; regulation of any rebates and discounts). - delivery
(Regulation of the delivery modalities) - warranty and liability
(Possible limitation of liability to gross negligence and intent). - applicable law and place of jurisdiction
(As a rule, the applicability of Swiss law is agreed. The place of jurisdiction indicates where a legal dispute must be settled).
The lawyers at STARTUPS.CH will be happy to help you draft your GTC. Thanks to our many years of experience, we can provide young entrepreneurs with comprehensive advice.
