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The Online Sale Agreement serves as the primary contractual framework for businesses conducting online sales in Switzerland. This document is essential for any company operating an e-commerce platform or online store under Swiss jurisdiction. It addresses key aspects of online transactions including order processing, payment terms, delivery conditions, and consumer rights, while ensuring compliance with Swiss regulations such as the Federal Act on Data Protection and the Swiss Code of Obligations. The agreement is particularly important given the increasing shift towards digital commerce and the need to protect both merchant and consumer interests in online transactions. It includes provisions for data protection, clear pricing, delivery terms, and return policies, making it suitable for both B2C and B2B transactions in the Swiss market.

1. Parties: Identification of the seller (online vendor) and buyer, including full legal names, addresses, and registration details if applicable

2. Background: Brief context explaining the nature of the online sale platform and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including technical terms related to the online platform and ordering process

4. Scope of Services: Description of the online sales platform, products/services offered, and territorial limitations if any

5. Order Process: Detailed explanation of how orders are placed, confirmed, and processed through the online platform

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

7. Delivery and Transfer of Risk: Delivery terms, timeframes, shipping costs, and point at which risk transfers to the buyer

8. Right of Withdrawal: Consumer's right to withdraw from the purchase, return policy, and refund procedures

9. Warranties and Representations: Product quality guarantees, conformity with descriptions, and statutory warranties

10. Data Protection and Privacy: Handling of personal data in compliance with Swiss FADP, data security measures

11. Intellectual Property: Rights related to the platform, product descriptions, and content

12. Liability and Limitation: Extent and limitations of liability for both parties

13. Term and Termination: Duration of the agreement and circumstances for termination

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

15. General Provisions: Standard clauses including severability, entire agreement, and amendments