Hello!
I'm a newcommer here, and came for a help regarding the consumer rights in CH. One online swiss shop started dirty games with me (I read one thread before and I see that we cannot name the shopnames here, but i have a strong suspicion that I have the problems with the very same online shop).

So my problem is the following:
Three months ago I have bought a GPS palm (Asus 636N) from THE online shop (payed around 560CHF), they have delivered it to me, but the device was faulty (a WiFi did not function).
Within one week I have returned my palm back to THE shop, got a confirmation by the phone that THE shop have received it. The guy on the phone told me that he had checked the palm and he agrees that it doesnt work so he promissed either to change it or to repair it.

However the time was passing - but nothing happened. I have called them hundreds of times. In the beginning they use to say that I wil get my palm "soon", but later they simply started ignoring me (i guess they have a number detection - everytime i had called from a diferent number - they did pick up). Now they do not pick up in any case.

Last week I have sent them a registered letter with a request to give my money back (I dont hope for the palm anymore - I guess they lost it somehwere). So far nothing happened and I dont know what else to do.

What would you suggest? What kind of rights do I have?

Thanks for yoru help.

Sarunas
Lausanne

Hmmmmm......

Firstly, offer us some basic information... like dates. With dates we can help you better.

If your registered letter comes back undeliverable, then you can basically write off the CHF 560.- You can attempt to get the *money back via the city or community, or at least get some information if the shop still exists.

If you are impatient and expect a wonder within a few days or even a week or two... then simply wait. A repair takes time, especially if the parts have to be ordered. Suppose the device was sent for repair in November or December, then you have a reason to complain, or at least request a status of the repair.

Worst case, you visit the shop personally. Find the location information and drop by. Maybe it will pay off and you will receive a replacement device on the spot.

Or, send them a bill with interest for the amount including postage both ways. Threaten/Promise to seek further payment possibilities via *Betreibung (debt enforcement/prosecution).

Remember, "the squeaky wheel gets the oil". Not saying that everybody should rant and rage about the little things in life, save your energy and ammunition for the big battles... But, if you are right, then you are in the right.

Keep all original receipts and send only copies.

Good luck!

OK, so, sadly, we ARE talking about the same shop... I'm very sorry for you and I know exactly how you're feeling and I know exactly the type of people you're dealing with.

Here's my advice: don't believe in Mr. X's promises and don't wait any longer. Get a lawyer to send them a letter NOW. That's the only way it worked for me. Before that, I waited for four months and nothing happened. It was the same story: promises, lies and lots of waiting. Then no contact whatsoever. Once he got the lawyer's letter, he transfered the money straight away.

The letter costed me 200 CHF, but Mr. X's bad math skills payed me back... Maybe you're also lucky or maybe you find a cheaper lawyer... btw, do you live in Swizerland?

The important thing is to make sure to send this letter to their "official" address AND their "real" address (you can find it on the yellow pages, it's in Wollerau).

And don't forget to spread the word about it. Report your problem to Toppreise.ch (or wherever site you found this shop), Kassensturz, econsumer.gov and the State Secretariat for Economic Affairs (SECO):

> Mr. Guido Sutter, Legal Affairs
> Tel. +41 (0)31 322 28 14, Fax +41 (0)31 324 09 56
> fair-business @seco.admin.ch
>
> SECO represents Switzerland at the International Consumer Protection and Enforcement Network (ICPEN). ICPEN is a network of governmental organizations involved in the enforcement of fair trade practice laws and other consumer protection activities. SECO may act legally, in order to protect Switzerland 's international reputation.

I would also encourage you to visit Kassensturz's forum and leave a few words there:

http://www2.sf.tv/sf1/kassensturz/in.../forum_3_1.php

Thanks for the replies!

to scott:
Regarding the dates: I have made an e-banking transfer on the 20th of Oct 2006. i got the palm on ~25th, I sent it back ~30th of Oct. The problem is that the only proof of my purchase is the bank transaction. I have sent the palm with the warranty slip back to them. I was "relying" on swiss "honesty" and had no big doubts since I talked to the guy before and after shipping the palm back.

I live in Lausanne, the shop appears to be in Horgen (near Zurich) and it is not 100% sure that the address is correct (as I understood from previous descussions). So just "to check" I'd need to take a day-off from work and devote it for that, which I cannot really afford.

to ihateashop:
Thanks for the links - I will try to contact
SECO, maybe their call can change something.

Sarunas

Don't rely on that. SECO won't act quickly enough.

I'd suggest getting a lawyer as soon as possible because I suspect something strange is going on with this shop. If you look at their website, there are not many products in stock. Some even have weird prices like a Phillips CRT monitor for exactly 18765438.10 CHF! And this is being listed in their "best seller" list for ages! Moreover, if you look at sites like Toppreise.ch, you won't find links to this shop anymore.

So maybe they are going out of business and they might be buying time until they disappear with your money...

Did you get a lawer from Switzerland? If yes - could you please send me his contacts.

Thank you

Sarunas

Their official address is in 5212 Hausen, isn't it?

I suspect that if you drive there, you will find another business from the same family. If you google for "<Mr. X's surname> Hausen" you will find a Hoch und Tiefbau business with his surname...

The letter my lawyer sent to this address returned undelivered after 10 days. Then the lawyer sent another letter to 8832 Wollerau, and this one was picked up in 3 days.

Yes. He's from Baden. I'll PM you later with his details. Maybe he can make a special price for you since he already knows the procedure...

Yes, it is Hausen - i mixed it with Horgen!