Terms and conditions generator for Swiss SMEs
Pick your customers and services and take finished terms as text, HTML or PDF – every clause with the article of the CO, UCA or CPC it rests on. Nothing you type leaves your browser.
Your terms, clause by clause
As you choose, the terms take shape in the preview – numbered, with the statutory article behind every rule. The check tells you what is missing and where a clause becomes delicate towards consumers.
Stays in your browser
No account and no storage: your details never reach a server and are not saved, not even in your browser – reload the page and every field is empty. When you copy or download the terms, we count the format only, never the content.
Preview
3 details are still missing.
As soon as you enter your company name, address or email, your terms appear here.
The terms are written in Standard German as used in Switzerland. French and Italian versions have not been checked against the wording of the law, so the generator does not offer them.
Check
- The company name is missing – without it, nobody knows who the contract is with.
- Street, postcode and town are missing.
- The email address is missing.
- Terms only apply if your customers could take note of them before the contract was concluded and agree to them. Link them in the ordering process, in quotes and in order confirmations.
Swiss framework conditions
What rules apply to terms and conditions in Switzerland?
Switzerland has no dedicated terms-and-conditions act and no duty to have terms at all. Anyone who uses them is bound by the mandatory rules of the Code of Obligations, and towards consumers Art. 8 UCA prohibits terms that create a significant and unjustified imbalance to their detriment.
| Criterion | What applies | Source |
|---|---|---|
| Exclusion of liability | An agreement made in advance that excludes liability for unlawful intent or gross negligence is void (Art. 100 para. 1 CO). | Source: CO, SR 220 – Art. 100, 104, 210, 371, 404 |
| Default interest | A debtor in default on a money debt owes default interest of 5 % a year (Art. 104 para. 1 CO). | Source: CO, SR 220 – Art. 100, 104, 210, 371, 404 |
| Warranty on sales | Warranty claims become time-barred two years after delivery. Towards consumers the period may not be shortened below two years, or one year for used goods (Art. 210 paras. 1 and 4 CO). | Source: CO, SR 220 – Art. 100, 104, 210, 371, 404 |
| Mandate (service contracts) | A mandate can be revoked or terminated by either party at any time; whoever terminates at an inopportune time compensates the damage (Art. 404 CO). | Source: CO, SR 220 – Art. 100, 104, 210, 371, 404 |
| Consumers | It is unfair to use terms that, contrary to good faith and to the detriment of consumers, create a significant and unjustified imbalance between contractual rights and obligations (Art. 8 UCA). | Source: UCA, SR 241 – Art. 3, 8 |
| Online shop | Anyone concluding contracts online points out the steps to conclude the contract, lets input errors be corrected and confirms every order electronically without delay (Art. 3 para. 1 lit. s nos. 2–4 UCA). | Source: UCA, SR 241 – Art. 3, 8 |
| Place of jurisdiction | Businesses can agree a place of jurisdiction in text form (Art. 17 CPC). Consumers sue and are sued under Art. 32 CPC and cannot waive this in advance (Art. 35 CPC). | Source: CPC, SR 272 – Art. 3, 17, 32, 35, 197 |
| Prices for consumers | Goods are offered to consumers at the price actually payable in Swiss francs, public charges included; shipping costs may be shown separately (Art. 3 and 4 PIO). | Source: PIO, SR 942.211 – Art. 3, 4 |
What is different in Switzerland
Contract law is federal law and applies equally in all cantons. What is cantonal is the organisation of the courts and conciliation authorities (Art. 3 CPC): a lawsuit is normally preceded by an attempt at conciliation (Art. 197 CPC), and the canton decides which body is competent at the agreed place of jurisdiction. And because Switzerland has four national languages, terms belong in the language of the customer – they only become part of the contract if the customer could take note of them.
Primary sources
- CO, SR 220 – Art. 100, 104, 210, 371, 404 – Fedlex – Swiss federal law, as of
- UCA, SR 241 – Art. 3, 8 – Fedlex – Swiss federal law, as of
- CPC, SR 272 – Art. 3, 17, 32, 35, 197 – Fedlex – Swiss federal law, as of
- PIO, SR 942.211 – Art. 3, 4 – Fedlex – Swiss federal law, as of
This overview describes the legal position in outline and does not replace an assessment of the individual case. It is not legal advice.
Sale, contract for work or mandate: how your terms differ
Whether you sell goods, deliver a result or advise decides which rules of the Swiss Code of Obligations apply. That determines what your terms need to say – and what you cannot contract out of.
| What | Sale | Contract for work | Mandate |
|---|---|---|---|
| What is owed | Sale: A thing without defects that substantially reduce its value or fitness for use (Art. 197 CO). | Contract for work: A result: the work as agreed (Art. 363 CO). | Mandate: Careful performance, not a particular outcome (Art. 398 CO). |
| Defects | Sale: Inspect and notify at once, or the goods count as accepted (Art. 201 CO). Then rescission or price reduction (Art. 205 CO). | Contract for work: Inspect and notify (Art. 367 CO). Then refuse acceptance, reduce the price or ask for free repair (Art. 368 CO). | Mandate: No warranty claims as in sales and works; liability is for careful performance (Art. 398 CO). |
| Limitation of warranty claims | Sale: Two years from delivery. Towards consumers it cannot be shortened below two years, or one year for used goods (Art. 210 CO). | Contract for work: Two years from acceptance, five years for immovable works (Art. 371 CO). | Mandate: Does not apply – there are no warranty claims to become time-barred. |
| Getting out early | Sale: On default after a grace period (Art. 107 CO), or where agreed. | Contract for work: The customer can withdraw while the work is unfinished – against payment and full indemnity (Art. 377 CO). | Mandate: Either side at any time; whoever terminates at an inopportune time pays the damage (Art. 404 CO). |
Six mistakes that make terms invalid or worthless
- Terms nobody could seeTerms only become part of the contract if your customers could take note of them beforehand. A notice right at the quote and the order carries more weight than a link somewhere in the footer.
- Excluding all liabilityExcluding liability for intent and gross negligence in advance is void (Art. 100 para. 1 CO), and product liability cannot be excluded at all (Art. 8 PLA). A clause that excludes everything promises more than it can deliver.
- Fixing jurisdiction against consumersConsumers cannot waive their place of jurisdiction in advance (Art. 35 CPC). The clause does not bind them – and shows that the terms were not written for them.
- Copied from GermanyGerman template terms contain withdrawal instructions, refer to German law and calculate in euros. Swiss law has no statutory right of withdrawal for online purchases, and jurisdiction follows the Swiss Civil Procedure Code.
- Default interest out of thin airStatutory default interest is 5 % a year (Art. 104 para. 1 CO). More is possible where a higher contractual rate was agreed (Art. 104 para. 2 CO), between merchants via the bank discount rate (Art. 104 para. 3 CO), or as greater damage from delay (Art. 106 CO).
- A mandate with a fixed termConsulting and support are usually a mandate, which can be terminated at any time under Art. 404 CO. A minimum term does not change that; you are only protected against termination at an inopportune time (Art. 404 para. 2 CO).
Questions about terms and conditions in Switzerland
What belongs next to your terms
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Not legal advice
The generator sets clauses according to the wording of the CO, UCA, CPC, PIO and PLA, as of 25 October 2026. It does not know your individual case: sector law, special types of contract and business abroad may require different rules. For a binding review, consult a lawyer. No liability is accepted for the accuracy, completeness and validity of the generated terms; otherwise the disclaimer in our legal notice applies.
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