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Old 01.11.2018, 16:14
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Seller isn't shipping the order. What are my options?

I recently purchased a TV from techniworld.ch. The reason I decided to buy from them because the TV was about 10% cheaper than everywhere else (digitec, mediamarkt, interdiscount, etc).

When it came to payment - using a credit card was about 40 CHF more expensive than with a payment slip (bank transfer) so I transferred them the money later that day after placing the order. I then immediately contacted them using the form on the website asking to confirm the payment. I've never heard from them about it BUT the status of the order on the website changed the next day to something like "payment received, thank you!".

When placing the order I was promised a delivery from 3 to 4 days. It's now been over a week and I haven't heard from them since then and there were no updates on the website neither.

I've attempted contacting them numerous times via:
- the contact form on the website
- all the email addresses I managed to find on the website (3 of them)
- the phone number listed on the website

But it seems they're simply ignoring all my attempts at this point.

I've then found a number of terrible reviews about them online (I know I should've done the research before placing the order but it's too late for that now). Since I haven't gotten the TV in the promised 3-4 days - I now simply want my money back.

I know if I paid with a credit card - handling the issue would be somewhat easier than when I simply transfer them the money myself.

What are my options? When checking the details of the payment in my online banking there seems to be an "inquiry" and an "investigation" options for the payment but it also says they cost 30-50 CHF. Do I really need to pay that in order to get the money back?
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Old 01.11.2018, 16:34
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Re: Seller isn't shipping the order. What are my options?

Hold your horses.

By delivery 3-4 days, was it shown that delivery to your address will take that long or delivery to the courier will take that long?

Another thing is that it's always in business days, meaning you don't count the weekend days. In addition is if you ordered during afternoon hours then you can substract the ordering day as well.

Anyway, are you saying none of the support phone numbers work or they just hang up on you?

I'd say give it time, at least until the end of next week before starting any 'investigation' actions on your bank. As that will not only cost you, but also lengthen the entire process. Based on my (similar) experience, it can take up to a month for the bank to investigate.

Assuming they had the TV in stock, don't sweat on the delivery time too much.
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Old 01.11.2018, 16:54
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Re: Seller isn't shipping the order. What are my options?

Oh dear, that really sounds like they are deliberately getting people to pay by bank transfer while also ensuring that there is a hurdle for taking measures to investigate missing items. Sounds very dodgy.

Does it say anything in their terms and conditions regarding delivery delays? The Swiss code of obligations determines that when there is a delay in delivery, the buyer should grant a "reasonable" deadline extension in writing.

As a rule, you should not transfer funds to companies that you do not know, as chasing it back could become a (costly) hassle. If in doubt, check Moneyhouse or the commercial register to see where the company is located or if it even exists (!). Always read through the terms of business to make sure that there are no loopholes such as "if an item is no longer available from our suppliers, an equivalent product will be delivered" or "delivery times are merely indicative".
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Old 01.11.2018, 17:02
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Re: Seller isn't shipping the order. What are my options?

In their rules it says ca. 3 bis 4 tagen, so could also be 10 days.

Also it says this:

"Solange ein Artikel im Rückstand ist und die Lieferung noch nicht erfolgte, kann die Bestellung jederzeit storniert werden. Ohne Gebühren."

Besides that: I would not panic over an online order which has not been received in "over a week".
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Old 01.11.2018, 17:03
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Re: Seller isn't shipping the order. What are my options?

Read and check the terms and conditions (Allgemeine Geschäftsbedingung / AGB) about delivery time. If the delivery time has passed according the ToC/AGB start with the follwing steps

Firts, make a screenshot/save the page as PDF where your item is advertised on the shop.

Then start to type a letter. In it demand, that the item should be delivered within the time frame stated now on the website but latest with 14 business day.

Also state that you reserve the right to take legal action and claim damages, special if the item is not delivered in good time.

Send this letter using registered mail to:

techniworld.ch
Ein Service der BHS Binkert Schweiz GmbH
Gräubernstraße 16
CH-4410 Liestal

AND

BHS Binkert Schweiz GmbH
c/o BDO AG
Gestadeckplatz 2
4410 Liestal

Finally wait.
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Old 01.11.2018, 17:10
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Re: Seller isn't shipping the order. What are my options?

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By delivery 3-4 days, was it shown that delivery to your address will take that long or delivery to the courier will take that long?
It said (still does) "Lieferzeit: 3-4 Tage", in my opinion it's unfair to the consumers to mean something else by stating 3-4 days of delivery.

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Another thing is that it's always in business days, meaning you don't count the weekend days. In addition is if you ordered during afternoon hours then you can substract the ordering day as well.
Sure, I get that, and I did subtract the weekends and the day that was needed for the payment to be processed and it's still over that. Also, that doesn't explain why they never confirmed the payment when I asked them and then left all of my attempts to contact them by email and the webform asking when are they planning to ship the TV unanswered.

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Anyway, are you saying none of the support phone numbers work or they just hang up on you?
No, I haven't managed to talk to a real person just yet, so no, they haven't been hanging up on me, it's just I can never reach a person, it's either busy or nobody ever picks up.

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Assuming they had the TV in stock, don't sweat on the delivery time too much.
That's unfortunate though. I wish they would keep me informed that there's a delay, I wouldn't mind waiting, but the silence on their end just makes it look like a scam and I have no other choice but start worrying that the money is gone. Also, it seems when they don't have things in stock they state something else: "Beschaffungsartikel - Bestellen Sie jetzt und wir liefern, sobald der Artikel verfügbar ist".

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I'd say give it time, at least until the end of next week before starting any 'investigation' actions on your bank. As that will not only cost you, but also lengthen the entire process. Based on my (similar) experience, it can take up to a month for the bank to investigate.
Okay, I guess I will have to do that. Thank you!

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Does it say anything in their terms and conditions regarding delivery delays? The Swiss code of obligations determines that when there is a delay in delivery, the buyer should grant a "reasonable" deadline extension in writing.
Die Lieferzeit bei Bestellungen gegen Rechnung beträgt ca. 3-4 Arbeitstage. Vorausgesetzt die Waren sind sofort verfügbar.

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As a rule, you should not transfer funds to companies that you do not know, as chasing it back could become a (costly) hassle. If in doubt, check Moneyhouse or the commercial register to see where the company is located or if it even exists (!). Always read through the terms of business to make sure that there are no loopholes such as "if an item is no longer available from our suppliers, an equivalent product will be delivered" or "delivery times are merely indicative".
Like I said - I knew that but was hoping for the best. Thank you, that's what I will be doing next time.

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I would not panic over an online order which has not been received in "over a week".
Alright, I won't, but still think it's unfair...
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Old 01.11.2018, 17:12
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Re: Seller isn't shipping the order. What are my options?

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Read and check the terms and conditions (Allgemeine Geschäftsbedingung / AGB) about delivery time. If the delivery time has passed according the ToC/AGB start with the follwing steps

Firts, make a screenshot/save the page as PDF where your item is advertised on the shop.

Then start to type a letter. In it demand, that the item should be delivered within the time frame stated now on the website but latest with 14 business day.

Also state that you reserve the right to take legal action and claim damages, special if the item is not delivered in good time.

Send this letter using registered mail to:

techniworld.ch
Ein Service der BHS Binkert Schweiz GmbH
Gräubernstraße 16
CH-4410 Liestal

AND

BHS Binkert Schweiz GmbH
c/o BDO AG
Gestadeckplatz 2
4410 Liestal

Finally wait.
Thanks, this is very detailed, I will wait for a few more days as others suggested and then will do that.
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Old 02.11.2018, 12:43
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Re: Seller isn't shipping the order. What are my options?

just my 5 Rappen:
small Swiss online shops are mostly bad. I think they are just the middle man between some big EU shops and Switzerland and it always takes ages to get order. I still try to use them, but finally I am usually disappointed.
Sadly I can have much better experience with German or Italian companies which has a lot of business with Switzerland, than with most Swiss based: next day delivery, free sending back etc.
With all their failings, the big one (Digitech, Microspot, Galaxus) are still the only reliable Swiss one.
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Old 05.04.2019, 17:27
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Re: Seller isn't shipping the order. What are my options?

So, if anyone is interested - I was very busy with work back then and didn't pursue techniworld after posting here.

They did call me on several occasions though and said that they would deliver the TV "by next" week, they did that for about 4 or 5 times in total (yes, for 4-5 weeks).

Finally, they did deliver it right before Christmas! So it took... 2+ months instead of promised "Lieferzeit: 3-4 Tage" with no apologies nor any attempts to make it up.

Would avoid them at any cost!
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Old 05.04.2019, 17:58
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Re: Seller isn't shipping the order. What are my options?

I think Nejc summed it up very well.


If you are coughing up chf1k for an item, I'd prefer some certainty that the object is in the vendors hands, rather than saving a scant few % and taking this kind of sh1te off them.
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Old 05.04.2019, 18:04
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Re: Seller isn't shipping the order. What are my options?

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Would avoid them at any cost!
They get a pretty bad write up:

Here

Google translate:

Quote:
For four months, Maria Klumpner from Zurich has been waiting for her color printer. Vain. The online shop Techniworld.ch did not deliver. Klumpner sent operator BHS Binkert from Liestal BL four registered letters. She demanded her CHF 408.75 back. For a long time she was stopped. Only at the end of September did the company transfer 500 francs to her. "That went extremely bad," says CEO Michael Binkert.

The shop owner BHS Binkert Schweiz GmbH has angered many customers. The observers and the Consumer Protection Foundation have received numerous complaints about goods that have not been delivered, goods ordered, paid for and not delivered . Managing director Binkert speaks of delivery problems due to change of the computer system. In addition, they supply the customers from foreign camps, which made some unreliable information.
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Old 06.04.2019, 12:53
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Re: Seller isn't shipping the order. What are my options?

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With all their failings, the big one (Digitech, Microspot, Galaxus) are still the only reliable Swiss one.
Sadly, these days you need to read the T&C of those shops as well.

All too many, including Microspot Galaxus, Mediamarkt, and Fust, say in their T&C that their online displays don't constitute a binding offer, but rather a non-binding invitation to place one; prices and availability can change anytime. The consequence of that is, you buy a pig in a poke. Even though you'll usually get what you think is in the bag you can't be certain.

I had asked the WEKO in Berne whether this is legal. They effectively say they don't know, it would have to be brought before the courts. Until that has happened the practice will probably keep spreading.
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Old 06.04.2019, 23:25
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Re: Seller isn't shipping the order. What are my options?

Hi - I've got a similar experience with a bitter end though. I ordered skis back in December 2018 from www.sports-discount.net (ski shop based out of Lausanne with a pretty good reputation) hoping to have them delivered before Christmas. They were pretty silent so we exchanged some whatsapp messages here and there just checking on the status of my order etc. Well it turned out that they were not able to deliver in December so I've asked them to cancel and refund. Unfortunately, I have not heard back from them. I have not been particularly aggressive when following up on it but was wondering what my options are. The skis were CH500 plus and were paid by a credit card (UBS) - in case it makes any difference.

Many thanks for any recommendation. Ondrej
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Old 07.04.2019, 18:53
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Re: Seller isn't shipping the order. What are my options?

In such cases, I recommend an additional visit at toppreise.ch for a quick research. It is the unique swiss site for "best prices", and of course it does not cover all online shops, but only the participating ones.

Nevertheless there is a dealer list: https://en.toppreise.ch/shops.html with ratings that gives you an additional picture, if a shop is listed at all, and if yes if they barely have ratings or are of some well received popularity.
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Old 07.04.2019, 19:14
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Re: Seller isn't shipping the order. What are my options?

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so I've asked them to cancel and refund. Unfortunately, I have not heard back from them. I have not been particularly aggressive when following up on it but was wondering what my options are. The skis were CH500 plus and were paid by a credit card (UBS) - in case it makes any difference.

Well, the usual, formal way is to send them a registered letter, stating the facts, where you ask for refund/reinboursement and set a deadline (e.g. 2 weeks). According to the individual taste, you might add that you consider taking the issue to the Betreibungsamt (debt enforcement office) if you don't get your money back.


https://www.srf.ch/sendungen/kassens...ng-nicht-kommt



While with the credit card I guess there is the easier way to try to arrange a chargeback with your CC company.
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Old 08.04.2019, 08:46
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Re: Seller isn't shipping the order. What are my options?

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Sadly, these days you need to read the T&C of those shops as well.

All too many, including Microspot Galaxus, Mediamarkt, and Fust, say in their T&C that their online displays don't constitute a binding offer, but rather a non-binding invitation to place one; prices and availability can change anytime.
You put something in your online shopping cart. How long should the price be fixed and the item reserved for you? The trouble is that you can keep something in your shopping cart for weeks, if you want.

With Digitec, the price is fixed and the item reserved from the moment you finalise the order. Even if you're paying in advance, rather than credit card.

With Amazon, they tell you if the price changes while it is in your cart.

From the behaviour of both, observed over 10 years, my guess is that at shopping cart level, price is fixed for a time, availability is not. I once with Digitec got an email from them saying that the item wasn't, in fact, available, and they offered a refund if I didn't wish to wait.

If I want something in a hurry and to be sure I get it, I go to a store, or order online where the availability shown is reasonably high.
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Old 08.04.2019, 10:30
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Re: Seller isn't shipping the order. What are my options?

Even the major players have rules that allow them to do that.

From the Galaxus terms and conditions:


"If delivery by Digitec Galaxus or the merchant is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Digitec Galaxus will refund the customer any amount paid in advance. No further claims towards Digitec Galaxus or the merchant apply."

And later:


"Order placement obliges the customer to accept the products and services. Digitec Galaxus or the merchant may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products."

Last edited by greencelery; 08.04.2019 at 11:23.
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Old 08.04.2019, 10:54
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Re: Seller isn't shipping the order. What are my options?

In my experience of living in Switzerland it really is this simple... ONLY BUY FROM REPUTABLE ONLINE STORES WITH LOTS OF POSITIVE FEEDBACK! Of course this is no "guarantee" you will not run into any problems, but in my view you have to be incredible silly to buy from a no-name online store that has almost zero infrastructure or customer support just to save 5-10%.

The risk simply isn't worth it.

Last edited by Chuff; 08.04.2019 at 11:12. Reason: Typo
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Old 08.04.2019, 11:08
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Re: Seller isn't shipping the order. What are my options?

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"If delivery by Digitec Galaxus or the merchant is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Digitec Galaxus will refund the customer any amount paid in advance. No further claims towards Digitec Galaxus or the merchant apply."
In practice however, when there's a delay beyond the delivery time advertised at the time of order, I've invariably been offered the chance to cancel and a refund. On time the email came on the same day as the good...
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