| Re: Consumer rights in Switzerland
I know that Mark likes to bring in the legal team as soon as he thinks he has a case but you might well find threatening to contact Kassensturz a more effective weapon. If the law is on your side and the seller is high enough profile then they will generally not take the risk of bad publicity. Just one warning though. If you do take the Kassensturz route then you are bound to follow their methods... ie interview etc - they will of course cover all legal fees which might be a godsend...
To the Mark method of calling in the legal team today... Mark is absolutely correct that if you win the case you will recover your legal costs. However, if they at some part along the process back down and the process can be long then you are left with your part of the legal costs and have to sue to get them back.
The legal process in Switzerland is also open to appeal to a higher instance all the way to the "Swiss supreme court" This is good on one side and total bollocks on the other. I have a friend who sued and won but the other side appealed. He lost the second case but with a flawed (opinion of his lawyer) basis for decision and he was left with a very difficult decision. Do I accept my current legal costs plus that of my opponent ca CHF 5K or do I take it to the next court where the costs are likely to be double - you also have to show proof of worth by the way ie that you can pay the cost of taking it further... What I am trying to say is it can become poker...
What is probably the best route is to have a legal letter drafted as a threat demanding a refund according to the relevant paragraphs and the threat of Kassensturz if the company is high profile enough.
There is one other route you can take and that is to Betreiben them. This is a process where anybody can demand money from anyone and ultimately get it. You would need to find out how to do from your Gemeinde as it is run at a Gemeinde level.
Richard
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