Hi folks,

I will try to keep this as short as possible.I hope I have it in the correct section.

I need some help in knowing if a refund is possible.I recently bought a gold heart and necklace for my niece as a gift for her communion.I bought the jewellery in Basel in a jewellers opposite the main post office,near Marktplatz.It was very nicely wrapped up by the assistant who was very friendly.
Anyway I went back to Dublin last weekend and found out that my niece already had something very similiar.So I decided to get her something else instead.
I went back to the place in Basel I bought the jewellery and explained the situation to the same assistant I had dealt with before.She very kindly started the process of giving me a refund when the manageress walked in and butted into our conversion.
The manageress then said that it was not possible to give a refund and that all she could offer me was a gift voucher.I then explained that I had no need of a gift voucher because I had no intention of buying some more jewellery.The then said I should keep the jewellery I had bought.

We argued for about 10 minutes and the manageress then stated that I could have a refund but I would lose 30% of the original price.I find this hard to believe.First she said it is not possible and when I stand my ground suddenly it is possible(minus 30%).I paid 224CHF for the heart and chain.
As I have never experienced anything like this before could someone please let me know what the law is in these situations.I know in the UK and Ireland getting a refund is very easy but here things seem different.

Any info would be helpful.

Matt.

Under these circumstances you have described,the shop is under no obligation to make a refund just because you longer want it. If you want to negotiate a refund minus discount with the shop then that is obviously that is between you and the seller. Ever worked in a wedding dress or formal-wear shop ?

dave

I don't believe that there is a (legally binding) rule for issuing refunds, except - of course - if the goods are faulty. As far as I know it's up to each store to decide its policy = either issue cash refund, deduct something for "Umtriebe", or to issue a voucher for the paid amount. I recently bought something from Manor on my credit card and then returned it. They issued a complete refund without batting an eyelid, but that's their company policy.
Maybe there's a Swiss "legal eagle" around on EF who can help you out on this one?

Maybe in Ireland but in the UK you would get exactly the same reaction from a jewellers. You might be able to swap the thing for another of equal or higher price but a refund would be very rare - I mean you could 'buy' a nice necklace, wear it for a couple of occasions, then take it back for a refund. Cheaper than renting. Doesn't happen.

In central London for example, shoplifters steal rails of clothes, damage them and take them back to the stores that operate a no-quibble refund.

My comment about formal hire shops refer to some chancers that buy a suit and try to take it back for a refund after the party...

If you do get a refund then you should appreciate the goodwill, as its not so easy for smaller shops to absorb such things.

dave



quote=möpp;79211]I don't believe that there is a (legally binding) rule for issuing refunds, except - of course - if the goods are faulty. As far as I know it's up to each store to decide its policy = either issue cash refund, deduct something for "Umtriebe", or to issue a voucher for the paid amount. I recently bought something from Manor on my credit card and then returned it. They issued a complete refund without batting an eyelid, but that's their company policy.
Maybe there's a Swiss "legal eagle" around on EF who can help you out on this one?[/quote]

I agree with DaveA. You can’t expect the shopkeeper to go back on a deal made days, or weeks, before just because you made a mistake and brought the wrong thing. It’s a bit more than just taking it back and making a refund as they have to adjust their accounts and stock records etc. In the UK you have to show that the goods are defective or unfit for the purpose for which they were sold.
If you could simply buy jewellery and then be guaranteed a refund days, or weeks, later then there are too many people in this world who would take advantage and have a free loan of it whenever it suited them.

Möpp, you are right!
The only possible reason when you would get your money back without any hiccups is when there is a re-call of an item ( faulty or so ) that is announced in newspapers and such.

As for refunds in general I have found that of all stores in Switzerland, Migros is the one that fusses the least when you have to take something back.If you explain the problem to them in a friendly tone,got proof of purchase in form of the till reciept,it was a doodle on the few occasions it happened to me....

Other than that,generally when purchasing an item you have either 15 or 30 days of so called UMTAUSCHRECHT,during wich time span you have the right to return any good you are not happy with to the store you purchased it from. Complete with packaging and undamaged of course,it's up to the in store / in-chain policy then if they refund you the money or if they give you a voucher to the same amount of the purchased item.
BUT,read the small print, quite a lot of goods are exempt from this policy!

For example,the home electronics chain FUST exempts the videobeamers,notebooks,handhelds,videocameras,cell phones and many more items from the list of items that are taken back.......

As for the OP's question,jewellery is often exempt from refunds/taking back for hygienic reasons and if it's engraved then u can forget it anyweay!
In this specific case I think the buyer has to accept either a voucher or grit his teeth and accept the deduction,the shop is legally not obliged to take it back for the reasons stated in the OP.

Media Markt is pretty good on refunds and will generally take anything back up to 14 days after it was bought. I've taken back computer parts, phones and other stuff that I've not been happy with. As long as it is in perfect condition with packaging they cough up a refund.

Having worked as a shop manager for 5 years, in the UK there is no law to say that you *have* to be given a refund if you change your mind. They do have to offer a credit note to the value of the goods, and beyond that it's totally down to the discretion of the retailer. (Unless, as has been stated above, there is some fault or problem with it being unfit for the purpose. Or, interestingly, if it was bought mail order in which case the Distance Selling Regulations give you 7 days from receipt of the goods to return them without obligastion for a full refund including all costs incurred (postage etc))

Actually under The Sale of Goods act the shop is not even obliged to issue a credit note if you change your mind, to offer a credit note is only in the interest of customer service or loyalty.

I stand corrected

Is it a shop where there is different staff on different days? Try going back another time and see if there's a different assistant. Clearly the policy is not strictly enforced because the first one was not aware of it. If you run into the first lot again just try and reopen the negotiation, and take cash -30% and get on with your life (we are talking like 80chf here). D

I was thinking the same think... trying at another time with a different sales person. If not, then personally, I'd exchange it for something else. Think of birthdays or other holiday gifts. Maybe two key chains or something...

In this case I think the shop owner is in the right. Personally, I wouldn't want to buy an expensive piece of jewelry that someone had already used or maybe worn for a few weeks!

Best to ask for the return policy of any store you buy from before you purchase.

Hi, This exact issue was shown in Desparate housewives recently where the guy got most of his money back even though there was an engraving. The store said they'd refund less a fee to remove the engraving.

I would have taken the 30% deduction as unfortunately it was completely in your discretion to get something else for your niece. The shop has in fact given you two options at its discretion: credit note to full amount or refund less a percentage, probably reflecting their margin.

The previous posts reflect the law (versus practice) that goods can only be refunded if faulty, otherwise if brought back within a reasonable time against a credit note/exchange. But take heart, Switzerland is slowly becoming a consumer society with practices aligning to the boom economy reality in UK and Ireland.