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| IT is true that Switzerland does not have a general returns right and having owned a retail establishment I can say, that is not per se a bad thing.
Why should a business take back an item that has been bought and return the cash, sometimes if not always losing money on the transaction? If the customer is prepared to take a credit note or exchange then fine but a complete annulling of the transaction should generally not be allowed.
Of course if the item is faulty, then the customer, be it private person or business, has the right to return the item for replacement or repair or indeed to step out of the contract all together.
If the company is refusing to replace or accept a return of defective items you can point to the relevant legal text which probably starts with articles 197 to 210 OR and no AGB can annul these:-) | |
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Dear Richard
Maybe you can help me. I bought a laptop and the touchpad doesn't work properly. The purchase was in January and it is defective since then, but only last week I claimed the garantee. I brought back to the store and they sent me a letter last week, saying that there is a software problem and it is not cover in the garantee, so I now would have to pay (212 francs for the repair, 80 to get the computer back without repairing, the computer will be entsorgt otherwise). I didn't bring the computer back because I
needed it, I was using it to write my master thesis and I couldn't afford to be without a computer for some weeks then. Besides, the touchpad would partially work, so I could still use the computer for my purposes during this time. Only now it was possible for me to claim the garantee.
The store is trying to blame it on me that "i might have deleted something" and therefore the computer is not working. I already called their service center and wrote them, per email, that there must have been a mistake in their analysis, since the computer has not been working properly since the first day I used it and therefore, if there is a "software problem, it was when they installed the operational system. Therefore not my responsability and not excluded from the garantee.
I am waiting for their response, but meanwhile I also wrote HP (the manufacturer) and reported the situation. I contacted HP to have orientation about the issue few months ago, but the call broke and I found it would be easier to bring it back to them, since it was in the garantee period, the call was paid and I had the right to have it working properly without additional expenses.
I am trying to gather more information on this matters.
Is the garantie cancellable because I didn't report the problem earlier?
When I tell that there has been a problem since the purchase and they accuse me that "i might have deleted something", who has the responsability to proof that? I imagine that there might be registries in the computer about alterations in softwares (it keeps track of all the updates we do!!). Would it be, in legal terms, my responsability to proof that i never changed anything or do they need to proof that it was my fault?
I wrote them explaining the reasons why it must be covered under the garantee, and I am hoping that they will solve it. I also trust HP and believe they care for the costumers.
But I want to inform myself, just in case.
Did I understand right (from the thread above about swiss laws): the buyer has a right to choose between replacement, refund or repair when an item is defective?
Thanks for your help and advice. I don't find the services in Switzerland of bad quality, nor the laws. I just find it hard sometimes, being a foreigner with little experience here and poor german skills, to find information.
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