Do I have to read all the terms and conditions?

Do I have to read all the terms and conditions?

I never read the terms and conditions when I buy something, for example on the internet, because it's far too long and boring! What's more, I understand that if I have a problem, I could argue that certain clauses are bizarre. Am I right, or should I follow the recommendations of my office colleague who always dissects everything?

Mr Vaud

You allude to the unusual clauses sometimes contained in certain general terms and conditions, and you're not wrong in principle, although that doesn't mean you don't have to read them!

General terms and conditions are pre-formulated contractual provisions that commonly describe the content of a contract intended to be concluded with a large number of people. They are therefore frequently used in commerce.

For general 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 terms and conditions apply to their contractual relationship. Such an agreement can only be said to exist if the persons concerned have at least had the opportunity to become acquainted with the content of these general terms and conditions, for example by clicking - before concluding an online purchase on the internet - on a link containing these general terms and conditions in their entirety.

In Switzerland, it is accepted that if a person entering into a consumer contract does not read the general terms and conditions or does not understand their scope, but nevertheless indicates that he accepts them (for example by ticking a box saying "I have read the general terms and conditions"; this is referred to as "global" acceptance), he will not in principle be able to challenge the content of an unusual or unusual clause.

A clause is considered unusual if it includes elements that the consumer could not, in good faith, have expected. Such a clause is only valid if the consumer has been made aware of its content. In particular, it is not valid if it is buried among other clauses, especially if they are written in very small print. Your technique will not work if these clauses are clearly visible, and in any case the other ordinary clauses will apply to your contract.

If a consumer believes they have been wronged by an unusual clause, they can take their case to a civil court, which will make its decision after examining all the circumstances of the case. They can also report the clauses concerned to consumer protection organisations and the State Secretariat for Economic Affairs (SECO).