I never read the general conditions when I buy something, for example on the internet, because it is far too long and boring! I believe that in addition, in the event of a problem, I might argue that certain clauses are bizarre, am I right or should I follow the recommendations of my office colleague who always dissects everything? M., Vaud
You allude to the unusual clauses sometimes contained in certain general conditions and you are not wrong in principle, even if that does not exempt you from reading them!
General conditions are pre-formulated contractual provisions, commonly describing the content of a contract intended to be concluded with a multitude of people. They are thus frequently used in commerce.
For terms and conditions to apply, they must have been accepted by all parties to a contract and incorporated into it. In other words, the contracting parties must have agreed that these general conditions apply to their contractual relationship. One can speak of such an agreement only if the persons concerned have at least had the possibility of becoming acquainted with the content of these general conditions, for example by clicking – before concluding an online purchase on the Internet – on a link on which these terms and conditions can be found in full.
In Switzerland, it is accepted that if a person who concludes a consumer contract does not read the general conditions or does not understand their scope, but nevertheless indicates that he accepts them (for example by ticking a box “I have read the conditions general” – we then speak of “global” acceptance), it cannot in principle be opposed to the content of an unusual or unusual clause.
A clause is considered unusual if it includes elements that the consumer might not have expected at all, in good faith. Also, such a clause is only valid if the consumer has been made aware of its content. It is therefore not valid in particular if it is embedded among other clauses, especially if they are written in very small print. Your technique will therefore not work if these clauses are well highlighted and in any case, the other ordinary clauses will indeed apply to your contract.
When a consumer feels aggrieved because of an unusual clause, he can seize a civil court which will make its decision following having examined all the circumstances of the case. It is also possible to report the relevant clauses to consumer protection organizations and the State Secretariat for Economic Affairs (SECO).
Posted today at 8:20 a.m.
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– Do I have to read all the terms and conditions?
OpinionPascal Rytz Lawyer
Posted today at 8:20 a.m.