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Old 28.04.2015, 01:21
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Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

Good day everybody




Kind of got my self into a strange situation with this InterDiscount shop. Perhaps someone has experienced something similar to this and found a solution?


Basically 5 months ago I bought a CHF 1200 Asus laptop, and it kept having problems. So it had to be sent into Asus repair center... four times... basically once every month on average. Finally out of desperation I handed the laptop over to the shop and they tried fixing the issue unsuccessfully. Then they redirected the case to Customer Service. This department informed me that I am allowed to spend 1200 Swiss Francs in their shop... within 7 days...


And this is my worry, because the purchase made at InterDiscount was done in order to replace my current laptop which basically broke down. A replacement was needed urgently. So the first three months after the Asus purchase, I had to use my old, barely functioning computer to do my work. And after that I got my self a different, more reliable laptop model which InterDiscount didn't sell. [ How many months do they want me to wait? Keep sending it in forever? Should I have bought a second laptop from the same shop that made me wait for 4+ months already?* ]


[The InterDiscount customer service email takes 5 working days to respond they say. And in my case they stopped replying when I wrote them more than several lines of text. It's the only representative that I can contact my self I have been told. Their hotline doesn't handle customer cases. ]


[ The supervisor at the branch confirmed that I have a week to use the large amount or else it expires ]


[ For those interested it's the Zug Metalli branch ]



* When the laptop was bought I was informed to have a 7 day shop warranty on the computer. In case of machine failure. That is why the Asus laptop was sent into the Asus repair center 4x instead of the shop. Because the cashier giving me the receipt for the product said they don't do repair. So ''contact Asus outside of the 7 day period if you have a problem'' basically.
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Old 28.04.2015, 11:03
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

The mandatory two year warranty is with the seller, NOT the manufacturer. Many companies try to fob you off with "contact the manufacturer", "phone our third-party helpline" etc, but it simply isn't true.

They have the option to repair, replace or refund - they cannot give you some sort time-limited voucher.

For something portable, best option is to take it to the shop - and if you have to do it a second time, do it when it's busy and making a fuss about their poor service will have the most impact!

So I would say no thanks, give me my money back now or a brand new laptop as per the law. I would also reject any further repairs - four tries is more than enough!

ps. unless it was a display or used item; but even here the warranty is one year: https://www.ch.ch/en/warranty/

pps. reading deeper there's very clear guidance here: https://www.konsum.admin.ch/en/faq/1...arranty/#c1235
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Old 28.04.2015, 11:22
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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pps. reading deeper there's very clear guidance here: https://www.konsum.admin.ch/en/faq/1...arranty/#c1235
It's not clear at all:

Quote:
The repair by the seller is unsuccessful:

If the seller is unable to repair the goods within a certain time limit because the repair proves impossible or unsuccessful, the buyer can give notice to the seller that the contract is cancelled, i.e. by returning the purchased goods and demanding a refund of the purchase price.
Where is this time-limit defined?

It seems to be a great get-out clause for the seller and all the other rules in the link are designed to protect the seller not the buyer too.

Such as:

Quote:
New defects become apparent after the repair:

To avoid problems with the seller, the buyer must take the following measures:

When handing over the article for repair, they should make sure to obtain a receipt detailing the defects and any accessories supplied with the article.

When collecting the repaired article, the buyer should check the condition of the returned article in the presence of the seller.
Quite difficult to do for a complicated item such as a laptop and what does one do for a coffee machine - make a cappuccino in the shop?
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Old 28.04.2015, 11:30
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

FAQ 11 says "Where no limitation period for repairs is stated, the buyer must first ask the seller to repair the goods (a phone call is sufficient) before setting a reasonable time limit for the repair."

Personally, I would give them a limit of two weeks, and be happy to argue that this is reasonable with their shop manager.

In this case - after four attempts, the repair is clearly unsuccessful in a reasonable period so I'd claim a refund under the part that says:

• The repair by the seller is unsuccessful:

If the seller is unable to repair the goods within a certain time limit because the repair proves impossible or unsuccessful, the buyer can give notice to the seller that the contract is cancelled, i.e. by returning the purchased goods and demanding a refund of the purchase price.

Print out the German version of this page, make sure all the nice official headings are on it, highlight that part and take it to the shop.

For hard to demo stuff, modern phones are great - video the problem in-situ (coffee machine leaking, exploding, whatever), you also have evidence for future use in case of this sort of problem. If the shop can't demo it then note it on the receipt when collecting.
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Old 28.04.2015, 11:39
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

I hope the OP tries for a refund - he ought to take in the warranty regulations sheet when he does.

I'd be interested to hear the outcome.
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Old 28.04.2015, 12:09
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

Take the family % do a sit-in. We stood there for over 1 1/2 hours in the shop to get a laptop changed. I had bought one that was on display, got home to find the keys were knackered so took it back. They changed it for a slightly more expensive one as they didn't have any left in stock & neither did the other shops in Geneva.
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Old 28.04.2015, 12:19
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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For something portable, best option is to take it to the shop - and if you have to do it a second time, do it when it's busy and making a fuss about their poor service will have the most impact!
I tried that once here. Except all the other customers were complaining as well and then the manager grabbed his coat and ran out of the shop.
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Old 28.04.2015, 12:33
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

Basically, you got a voucher that is only valid for 7 days as a "Besserung" for a broken laptop, right?

If you buy a voucher their validity is often limited, say to a year or two (months if they're from Groupon). Even that practice is considered unlawful by some legal heavyweights, though opinions differ.

So given that, I'm quite sure the 7-day limit is not legal as it gives an unfair advantage to the seller, and additionally puts undue pressure on you. You should probably ask konsumentenforum.ch, ktip.ch, beobachter.ch, or some similar for a more reliable opinion.

Note:
By offering you the voucher Intershop has accepted their inability to repair, and their liability under warranty terms, which means the 2-year countdown has stopped - you could fight with them 5 years (just making an example) and they're still liable. Plus, each article you happen to buy with the 1200CHF voucher comes with its own individual warranty, each individual countdown starts starts on the day of delivery.

Additionally, should that be a topc, the 2-year warranty can no longer be reduced by a clause in the contract or terms&conditions.
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Old 28.04.2015, 12:54
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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Basically, you got a voucher that is only valid for 7 days as a "Besserung" for a broken laptop, right?

If you buy a voucher their validity is often limited, say to a year or two (months if they're from Groupon). Even that practice is considered unlawful by some legal heavyweights, though opinions differ.

So given that, I'm quite sure the 7-day limit is not legal as it gives an unfair advantage to the seller, and additionally puts undue pressure on you. You should probably ask konsumentenforum.ch, ktip.ch, beobachter.ch, or some similar for a more reliable opinion.

Note:
By offering you the voucher Intershop has accepted their inability to repair, and their liability under warranty terms, which means the 2-year countdown has stopped - you could fight with them 5 years (just making an example) and they're still liable. Plus, each article you happen to buy with the 1200CHF voucher comes with its own individual warranty, each individual countdown starts starts on the day of delivery.

Additionally, should that be a topc, the 2-year warranty can no longer be reduced by a clause in the contract or terms&conditions.
Don't you understand? He doesn't want the voucher. He bought a replacement laptop from elsewhere.

He wants a refund. This would be possible in any other country. It's even the law here but try and find a Swiss retailer who's willing to obey the law.
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Old 28.04.2015, 13:05
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

The vendor is replacing the faulty laptop by offering you in house purchase of whatever item you want for the price you've paid for the faulty article. Very fair.

it's not their fault that you bought another laptop at some other place.
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Old 28.04.2015, 13:10
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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The vendor is replacing the faulty laptop by offering you in house purchase of whatever item you want for the price you've paid for the faulty article. Very fair.

it's not their fault that you bought another laptop at some other place.
No, the vendor bought something unfit for purpose. He is entitled to a full refund under Swiss consumer law.

He probably won't get one though as Swiss retailers don't respect the law.
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Old 28.04.2015, 13:15
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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No, the vendor bought something unfit for purpose. He is entitled to a full refund under Swiss consumer law.

He probably won't get one though as Swiss retailers don't respect the law.
Vendor - company that sold the laptop

He is getting a full refund - store credit for the full amount he paid.

The laptop has been used for 5 months, they can claim improper wear and tear. No company will give back the full amount unless it is store credit, period.

Refund or replacement article, they have offered the later. It's not the vendor's fault that buyer bought something else in the meantime.
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Old 28.04.2015, 13:24
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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He is getting a full refund - store credit for the full amount he paid.

The laptop has been used for 5 months, they can claim improper wear and tear. No company will give back the full amount unless it is store credit, period.
According to the OP, it's been back and forth to the repair place for the ladt five months. That hardly constitutes five months use, does it?

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The laptop has been used for 5 months, they can claim improper wear and tear. No company will give back the full amount unless it is store credit, period.
They should do under Swiss law.

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It's not the vendor's fault that buyer bought something else in the meantime.
The buyer can do what the hell he wants with his own money. It's got nothing to do with this, at all.
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Old 28.04.2015, 13:27
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

They have offered him a refund Tom, it's a brand new replacement article for free.

They have fulfilled their legal obligation.
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Old 28.04.2015, 13:32
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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They have offered him a refund Tom, it's a brand new replacement article for free.

They have fulfilled their legal obligation.
They haven't offered him a refund. They've offered him a voucher.
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Old 28.04.2015, 13:34
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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They have offered him a refund Tom, it's a brand new replacement article for free.

They have fulfilled their legal obligation.
Not according to the official FAQ - if the repair fails, then refund is the correct result, not replacement.

A voucher is only a replacement as long as they still have the same item at the same price, but it is definitely NOT a refund.
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Old 28.04.2015, 13:39
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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Not according to the official FAQ - if the repair fails, then refund is the correct result, not replacement.

A voucher is only a replacement as long as they still have the same item at the same price, but it is definitely NOT a refund.
A lot of people tried that. And failed. So good luck with your battle and do let us know the outcome.
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Old 28.04.2015, 13:44
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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A lot of people tried that. And failed. So good luck with your battle and do let us know the outcome.
I've had it happen a few times. I've also had to buy a replacement item from another shop as sometimes you can't be without certain items that you need for work.
You're then stuck with a stupid voucher at a shop that you never want to set foot in again.

Judging by the comments here by Swiss people on the forum, they give up without a fight for their rights and so the problem continues.
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Old 28.04.2015, 13:50
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

Here is the Swiss Code obligation, it does work, you need to be pushy but i had a new, expensive car with electrical problems changed under this law as it kept going wrong. The judge ruled that as they had had it 4 times for minimum 1 week each time and it still didn't work properly, i could chose replacement or full reimbursement, you need a lawyer, but these costs get refunded if you are successful.

You have a choice, repair, replacement or re-reimbursement.

The 3rd one is by far the hardest to achieve, but the higher the value the more the justice will favour your case as something expensive should work properly.
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File Type: pdf Code Obligations Guarantee.pdf (790.3 KB, 111 views)
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Old 28.04.2015, 14:16
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Re: Interdiscount: ''Spend CHF 1200 out of your own pocket within 7 days''

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Judging by the comments here by Swiss people on the forum, they give up without a fight for their rights and so the problem continues.
I don't think it's a Swiss thing, I've seen the same in plenty of UK shops.

I also heard an older Swiss woman verbally rip apart the manager in a Fust - even with my bad German the bits about "I've shopped here all my life", "The previous manager was much better", "Give me the bl**dy refund right now" parts were pretty clear
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