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  #61  
Old 07.09.2010, 14:17
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Re: Consumer rights in Switzerland

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ohh i forgot to post this... this is even worse...
-- Do EU consumer rights apply in Switzerland? No. Switzerland is not part of the EU and has its own national legislation. -- meaning to say 14 days return policy does not apply to all consumers and a company can alter this using their AGB... not good buyer protection law... can't find something about direct purchase... but this site explains it more or less
http://europa.eu/rapid/pressReleases...ce=MEMO/08/305
You can always return back to where you came from if you're not happy.

Don't forget we can deduct some of the exhorbitent VAT charged by European countries such as France at 19.6%, UK at 17.5%.
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  #62  
Old 29.11.2010, 16:08
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Re: Consumer rights in Switzerland

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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:-)


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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  #63  
Old 15.05.2011, 22:01
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Re: Consumer rights in Switzerland

Hoping someone can help me out a bit - be gentle oh forum behemoths

I bought an HP netbook five days ago from InterDiscount. Got it home, and in a nutshell I hate it. The two main bugbears I have with it are firstly that the touchpad is rubbish and despite all tinkering the cursor jumps around a lot, making any attempt to work quickly really frustrating; and secondly that the computer seems very slow and when trying to run for eg. Skype, was told by a pop-up window that the pc was too slow for it to run properly - even though there were no other programs running.

SO. I would like to take it back. Am I going to be laughed out of the shop? It's not a fault per se, I just don't like the feel of the thing, having used it for a few days. I recently took an iPad back to the Apple store for a refund within the 14 days because "I didn't like it" - a return policy Apple were proud to tell me about and honour. I wonder whether this is because it is an unusually lenient policy to hold in the first place...

Now I sound like a crazy 'take things back' person, which I'm not, honest!
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  #64  
Old 15.05.2011, 23:05
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Re: Consumer rights in Switzerland

I think you know the answer, you are not entitled to any favours as it does work.

You might have to try and sell it on Ricardo.
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  #65  
Old 15.05.2011, 23:09
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Re: Consumer rights in Switzerland

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Hoping someone can help me out a bit - be gentle oh forum behemoths

I bought an HP netbook five days ago from InterDiscount. Got it home, and in a nutshell I hate it. The two main bugbears I have with it are firstly that the touchpad is rubbish and despite all tinkering the cursor jumps around a lot, making any attempt to work quickly really frustrating; and secondly that the computer seems very slow and when trying to run for eg. Skype, was told by a pop-up window that the pc was too slow for it to run properly - even though there were no other programs running.

SO. I would like to take it back. Am I going to be laughed out of the shop? It's not a fault per se, I just don't like the feel of the thing, having used it for a few days. I recently took an iPad back to the Apple store for a refund within the 14 days because "I didn't like it" - a return policy Apple were proud to tell me about and honour. I wonder whether this is because it is an unusually lenient policy to hold in the first place...

Now I sound like a crazy 'take things back' person, which I'm not, honest!
Take it back, say it keeps crashing, and ask for a credit note.
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  #66  
Old 15.05.2011, 23:15
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Take it back, say it keeps crashing, and ask for a credit note.
Tell them the touchpad doesn't work too.
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  #67  
Old 22.05.2011, 14:28
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Re: Consumer rights in Switzerland

I would just like to add my experience with returning items in Switzerland. I have found, that by staying calm and sticking to my original request of a full refund, sales people eventually relent and give me my money back. The key is to always stay polite (and know your rights!).
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  #68  
Old 27.05.2011, 10:05
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Re: Consumer rights in Switzerland

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I would just like to add my experience with returning items in Switzerland. I have found, that by staying calm and sticking to my original request of a full refund, sales people eventually relent and give me my money back. The key is to always stay polite (and know your rights!).
You do NOT have rights to any money refund.

Within 6 months you have the right to a free of charge repair, but transport costs are not refundable.
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  #69  
Old 13.09.2012, 11:27
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Re: Consumer rights in Switzerland

Hi

I am new to the forum, although I have been in Switzerland for 3 years and have been reading it quite often.

My experience with this started when I bought an HP netbook from Interdiscount. It broke down after 2 weeks and we sent it to repair. Took them 2.5 weeks to repair it. When I received it, there were different problems. I have sent it again and 1 week past, still no answer. Currently I don't have any other personal computer and I bought it because I really needed it urgently. I couldn't even use it and I am really annoyed as they are not sending me a new one. I will need to buy a second one just because I need it urgently, and nobody cares.

This is the worst customer service I have ever experienced. And since suing them costs a lot here, I thing Swiss have found a good way to give more right to producers than customers. Good job..
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  #70  
Old 13.09.2012, 11:49
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Re: Consumer rights in Switzerland

Dear Zosi, please ask Interdiscount to sell you one of their repaired netbook computers. Are you interested, errmm, probably not, you want a new one don't you? Just like everyone else you have to wait and meanwhile use Internet cafés.

When I was young we didn't even have a simple calculator, we had to use our brains, we made appointments by letter, and we actually carried the shopping items home on the bus! So please be grateful: believe me the old days weren't that much fun!
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  #71  
Old 23.11.2013, 16:11
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Re: Consumer rights in Switzerland

Dear forum members!

I bought 2 smartphone from the microspot.ch webshop. When the devices arrived I realized in the first minute, one of them got a pixels problem. (about 6-8).I called the shop immediately and also send one email. They said I have to send to back the device and they will send me a details about my phone. I already sent back in the next day. I called the company in the next day what about my phone. They told me, they have to send to the service this device. I sent one email, I don't accept the repair because I bought one new device not one repaired device. They told me, I have to accept this. I tried to get back my money but they also told me is not possible. Actually I waiting what will the service say. But is really strange because I already paid the devices at 02.11 and I received the devices at 13.11 actually is 23.11 and I no have device and also no have the money. Just have to wait. But I really don't want to accept the repair because I paid for a perfect device, and what I received is already got problem out of box. Can you help me please what can I do?
Thanks
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  #72  
Old 30.10.2014, 18:37
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Re: Consumer rights in Switzerland

Hi, just wondering... I saw a bike in sportxx for 1800 CHF that I really rather like, and then saw it advertised in a shop down the road for 1500, marked "reduziert". I'm guessing this is a sale that never got cancelled, however, AFAIK there are rules surrounding this which oblige the shop owner to sell the article for the price marked on it.. Does anyone have any information as to whether this is true, in Switzerland?
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  #73  
Old 30.10.2014, 18:50
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Re: Consumer rights in Switzerland

Well, it usually works for us. If the sales person turns around and says no you can either argue or walk away.
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  #74  
Old 30.10.2014, 19:40
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Re: Consumer rights in Switzerland

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Hi, just wondering... I saw a bike in sportxx for 1800 CHF that I really rather like, and then saw it advertised in a shop down the road for 1500, marked "reduziert". I'm guessing this is a sale that never got cancelled, however, AFAIK there are rules surrounding this which oblige the shop owner to sell the article for the price marked on it.. Does anyone have any information as to whether this is true, in Switzerland?
I wonder why you think it's a mistake? It's quite common to find apparently identical bikes at lower prices than usually found in the bigger shops, for all sorts of possible reasons. So if you want the bike then just go in and get it - the chances are very slim that it's not the correct price.

Do make sure that it is the same, though. Sometime a previous model may look identical but not have some particular new parts fitted, and that's one reason for older stock to be reduced.

But no, I don't think, even in countries like the UK that do at least have some consumer rights, that you could insist they sell at the marked price if it's actually a genuine mistake.
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  #75  
Old 01.11.2014, 15:40
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Re: Consumer rights in Switzerland

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Hi, just wondering... I saw a bike in sportxx for 1800 CHF that I really rather like, and then saw it advertised in a shop down the road for 1500, marked "reduziert". I'm guessing this is a sale that never got cancelled, however, AFAIK there are rules surrounding this which oblige the shop owner to sell the article for the price marked on it.. Does anyone have any information as to whether this is true, in Switzerland?
As soon as both parties have expressed their will a legally binding contract is created, doesn't take any written stuff. Your seller does so by offering the bike for CHF1500, and you do by accepting it. Accepting an offer can be done explicitly ("I want to buy that bike", or by signing a contract), or implicitly (by using the gas pump for example).

The contract is legally binding, with few exceptions, e.g. in case of an obvious mistake (e.g. offering a new bike for 180 instead of 1800, or signing a contract for health insurance when you'd asked about one for liability insurance), illegal offers, etc. Since in your case the price has explicitly been marked down it seems highly unlikely that SportsXX could wiggle out of it by saying it was a mistake - but with a big chain the salesperson probably won't care anyway.

However, this is not the season for bikes and in two months it will be "last year stuff", plus xmas season has begun so they could use the space for other products. You may well get a better offer than just 20% - could be more than 20%, or free yearly service(s), some wearables...you name it.
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  #76  
Old 03.04.2015, 16:05
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Re: Consumer rights in Switzerland

Hello to all members reading this thread!
I would be interested to know what would you advice in the following case.

I have lacquered parquet installed in my apartment of famous brand. It was installed in February 2014. Manufacturer is guaranteeing 25 years of good service of this product.

Unfortunately by mistake I bought cleaning material which is supposed to be used for oiled parquet.

I used it 3 times, always diluting in water...
After such usage I noticed that color started to peel off from my floor. Only at this moment I realized that cleaning material is designed for naturally oiled floor. And I have lacquered parquet.
I already was in contact with cleaning material manufacturer and with the seller of parquet. Both are mentioning that it is very luckily that parquet was damaged by improper cleaning material. The seller is recommending to me as the solution to make sanding of top layer of parquet and put new layer of lacquer. This operation is costly and if it is my fault, I need to pay for it.

I don't mind to pay for my mistakes. but it is difficult to believe that cleaning liquid could destroy lacquer layer which is designed to serve 25 years.

What would you recommend as a solution to the situation?...
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  #77  
Old 03.04.2015, 16:13
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Re: Consumer rights in Switzerland

Lacquer can easily be ruined by certain chemicals.

Sounds like you have to pay.

Tom
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