Distance Contract for Switzerland

Distance Contract Template for Switzerland

A Swiss Distance Contract is a legally binding agreement governed by Swiss law that regulates the sale of goods or services where the parties are not physically present together at the time of contract formation. This document incorporates key requirements under Swiss contract law, consumer protection regulations, and e-commerce provisions, including clear information requirements, withdrawal rights, and data protection obligations. It is specifically designed to address the unique aspects of remote transactions, whether conducted online, by telephone, or through other distance communication means, while ensuring compliance with Swiss federal regulations and providing adequate protection for both sellers and buyers.

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What is a Distance Contract?

This Distance Contract template is designed for businesses operating in Switzerland or targeting Swiss customers through remote selling channels. The document is essential for any business engaging in distance selling, whether through e-commerce platforms, telephone sales, or mail order systems. It incorporates mandatory requirements under Swiss law, including the Code of Obligations and Federal Act against Unfair Competition, while addressing specific aspects of remote transactions such as detailed product information, pricing transparency, delivery terms, and withdrawal rights. The Distance Contract is particularly relevant in today's digital economy where remote transactions are increasingly common, and it helps ensure compliance with Swiss consumer protection regulations while providing clear terms for both parties involved in the transaction. The template is adaptable for various business models and can be customized based on specific product or service offerings, while maintaining core legal requirements.

What sections should be included in a Distance Contract?

1. Parties: Identification of the seller/service provider and the customer, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement and acknowledgment of distance selling nature

3. Definitions: Key terms used throughout the agreement, including technical terms related to distance selling

4. Subject Matter: Clear description of products/services being sold, including all essential characteristics

5. Price and Payment Terms: Total price including all taxes and additional charges, payment methods and timing

6. Order Process: Step-by-step description of how orders are placed, confirmed and processed

7. Delivery Terms: Delivery methods, timeframes, costs, and transfer of risk provisions

8. Right of Withdrawal: Conditions and process for contract withdrawal, return procedures and refund policy

9. Seller's Obligations: Key commitments including quality assurance, delivery, and customer support

10. Customer's Obligations: Customer responsibilities including payment and cooperation

11. Data Protection: Handling of personal data in compliance with Swiss FADP

12. Warranty and Liability: Warranty terms, limitation of liability, and legal remedies

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

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

What sections are optional to include in a Distance Contract?

1. Electronic Communication: Include when contract execution and ongoing communication will be primarily electronic

2. Digital Content: Include for digital products or services, specifying technical requirements and access conditions

3. Subscription Terms: Include for recurring services or subscription-based products

4. Installation Services: Include when product installation or setup services are offered

5. International Shipping: Include for cross-border sales, addressing customs and import duties

6. Product Maintenance: Include when ongoing maintenance or support services are offered

7. Intellectual Property: Include when licensed content or IP rights are part of the sale

What schedules should be included in a Distance Contract?

1. Product Specifications: Detailed technical specifications and product descriptions

2. Price List: Comprehensive pricing information including variants and options

3. Delivery Zones and Charges: Detailed breakdown of delivery areas and associated costs

4. Return Form: Standard form for initiating returns and withdrawals

5. Warranty Certificate: Detailed warranty terms and conditions

6. Data Processing Terms: Detailed terms for handling personal data

7. Service Level Agreement: Performance standards and service metrics where applicable

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

E-commerce

Retail

Technology

Digital Services

Consumer Goods

Software and SaaS

Financial Services

Telecommunications

Healthcare (non-prescription products)

Education and Training

Professional Services

Entertainment and Media

Travel and Tourism

Relevant Teams

Legal

E-commerce

Sales

Compliance

Customer Service

Operations

Digital

Risk Management

Marketing

Business Development

Contract Administration

Product Management

Relevant Roles

Legal Counsel

E-commerce Manager

Commercial Director

Compliance Officer

Sales Director

Digital Operations Manager

Customer Service Manager

Business Development Manager

Retail Operations Manager

Contract Administrator

Risk Manager

Online Store Manager

Direct Marketing Manager

Distance Sales Coordinator

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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