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Online Sales Agreement Template for Switzerland

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Key Requirements PROMPT example:

Online Sales Agreement

"I need an Online Sales Agreement under Swiss law for my luxury watch e-commerce platform that will launch in March 2025, with specific provisions for international shipping and high-value transactions."

Document background
The Online Sales Agreement is essential for any business conducting e-commerce activities under Swiss jurisdiction. This document serves as the primary contract between online retailers and their customers, establishing clear terms for electronic transactions while ensuring compliance with Swiss legal requirements, including the Code of Obligations, data protection regulations, and consumer protection laws. It should be implemented when launching an online sales platform or updating existing terms to reflect current e-commerce practices. The agreement covers crucial aspects such as order confirmation, payment processing, delivery terms, return policies, warranty provisions, and data protection measures. It is particularly important given Switzerland's specific requirements for online commerce and consumer protection, which differ in certain aspects from EU regulations.
Suggested Sections

1. Parties: Identification of the seller (company details including registration number and address) and definition of the customer

2. Background: Brief context explaining the online sales platform and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement including 'Products', 'Platform', 'Order', 'Delivery', etc.

4. Scope of Agreement: Overview of what the agreement covers and its application to online sales

5. Order Process: Detailed description of how orders are placed, confirmed, and processed

6. Prices and Payment: Pricing terms, payment methods, currency, and payment processing

7. Delivery: Delivery terms, timeframes, costs, and responsibilities

8. Return Policy: Conditions and process for returns, refunds, and exchanges

9. Warranties and Representations: Product warranties and quality guarantees

10. Data Protection and Privacy: Handling of customer data and privacy compliance

11. Intellectual Property: Protection of website content, trademarks, and other IP rights

12. Limitation of Liability: Scope and limits of seller's liability

13. Term and Termination: Duration of the agreement and termination conditions

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Age Restrictions: Required when selling age-restricted products like alcohol or mature content

2. Digital Content: Include when selling digital products or services, covering licensing and usage rights

3. Subscription Terms: Required for recurring payment or subscription-based products

4. Marketplace Provisions: Include if the platform allows third-party sellers

5. International Sales: Required when selling to customers outside Switzerland

6. Gift Cards and Promotions: Include if offering gift cards or regular promotional activities

7. User Accounts: Required if customers can create accounts on the platform

Suggested Schedules

1. Product Specifications: Detailed technical specifications or categories of products offered

2. Pricing Schedule: Detailed price lists, especially for bulk purchases or variable pricing

3. Delivery Zones and Costs: Breakdown of delivery areas and associated shipping costs

4. Returns Form: Standard form for processing returns and refunds

5. Data Processing Terms: Detailed data protection and processing procedures

6. Warranty Terms: Detailed warranty terms for different product categories

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Retail

E-commerce

Consumer Goods

Digital Products

Fashion

Electronics

Food and Beverage

Luxury Goods

Home and Garden

Sports and Recreation

Books and Media

Health and Beauty

Technology

Telecommunications

Relevant Teams

Legal

Compliance

Digital Commerce

Customer Service

Operations

Information Technology

Marketing

Sales

Supply Chain

Risk Management

Data Protection

Website Operations

Product Management

Relevant Roles

E-commerce Manager

Legal Counsel

Compliance Officer

Digital Sales Director

Online Operations Manager

Customer Service Manager

Website Manager

Digital Marketing Manager

Supply Chain Manager

Risk Manager

Data Protection Officer

Commercial Director

Chief Technology Officer

Chief Digital Officer

Retail Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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