This Sale Agreement Online template is designed for businesses operating e-commerce platforms or online stores in Switzerland. It serves as a foundational document for companies engaging in online sales, whether in B2C or B2B contexts, and ensures compliance with Swiss legal requirements. The agreement incorporates necessary provisions from the Swiss Code of Obligations, e-commerce regulations, and data protection laws, making it suitable for both domestic and international online sales originating from Switzerland. It includes comprehensive coverage of digital transaction elements, from order placement to delivery, while addressing modern e-commerce challenges such as digital payment processing, data protection, and online consumer rights.
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1. Parties: Identification of the seller (company details) and definition of customer/buyer
2. Background: Brief context explaining the online sale platform and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including technical terms related to online sales
4. Scope of Agreement: Overview of the sales process and what is covered by the agreement
5. Order Process: Detailed description of how orders are placed, confirmed, and processed online
6. Prices and Payment: Pricing structure, payment methods, and payment processing
7. Delivery and Transfer of Risk: Delivery terms, timeframes, and point at which risk transfers to the buyer
8. Product Description and Availability: Rules regarding product descriptions, stock availability, and accuracy of information
9. Warranty and Returns: Warranty terms and return policy in accordance with Swiss law
10. Data Protection and Privacy: Handling of personal data and privacy measures in compliance with FADP
11. Intellectual Property: Protection of IP rights related to the website and products
12. Limitation of Liability: Extent and limitations of seller's liability under Swiss law
13. Termination: Circumstances and process for terminating the agreement
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Age Restrictions: Required when selling age-restricted products like alcohol or mature content
2. Digital Content: Include when selling digital products or services
3. Subscription Terms: Required for products sold on a subscription basis
4. Business Customer Provisions: Special terms applying only to B2B sales
5. International Sales: Additional terms for sales outside Switzerland
6. Platform Usage Rules: Detailed rules about using the online platform when extensive user interaction is required
7. Gift Cards and Promotions: Terms for special offers, gift cards, and promotional activities
1. Schedule 1 - Product Categories and Specifications: Detailed listing of product categories and specifications
2. Schedule 2 - Pricing Structure: Detailed pricing information, including any volume discounts or special pricing rules
3. Schedule 3 - Delivery Zones and Charges: Breakdown of delivery areas and associated shipping costs
4. Schedule 4 - Returns Procedure: Step-by-step process for product returns and refunds
5. Schedule 5 - Privacy Policy: Detailed privacy policy and data protection procedures
6. Schedule 6 - Technical Requirements: Technical specifications for accessing and using the online platform
7. Appendix A - Contact Information: Contact details for customer service, technical support, and legal notices
Relevant legal definitions
Clauses
Relevant Industries
Retail
E-commerce
Consumer Goods
Technology
Fashion and Apparel
Electronics
Food and Beverage
Home and Garden
Luxury Goods
Digital Products and Services
Manufacturing
Wholesale
Relevant Teams
Legal
E-commerce
Digital Operations
Compliance
Commercial
Sales
Customer Service
Risk Management
Information Technology
Marketing
Business Development
Operations
Relevant Roles
Legal Counsel
E-commerce Manager
Digital Operations Director
Compliance Officer
Commercial Director
Online Sales Manager
Digital Product Manager
Chief Legal Officer
Head of E-commerce
Business Development Manager
Customer Experience Manager
Risk Manager
Operations Director
Chief Digital Officer
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