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Old 10.02.2021, 10:20
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Re: Companies trying to charge a "transport guarantee"... does it really matter?

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Dear Chuff, I like to remind you about this thread where the topic has already been discussed: http://www.englishforum.ch/insurance...guarantee.html


Except the "handover" as defined by the law is before the item has been shipped. It happens at the time the item has been sold. See above thread for more details.
Just like a new poster who does not like the answer he gets on a forum so starts a new thread
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  #22  
Old 10.02.2021, 10:29
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Re: Companies trying to charge a "transport guarantee"... does it really matter?

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Just like a new poster who does not like the answer he gets on a forum so starts a new thread
Remembering a lot (but unfortunately not everything) can be a curse. For others and me
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  #23  
Old 10.02.2021, 10:31
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Re: Companies trying to charge a "transport guarantee"... does it really matter?

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Dear Chuff, I like to remind you about this thread where the topic has already been discussed: http://www.englishforum.ch/insurance...guarantee.html


Except the "handover" as defined by the law is before the item has been shipped. It happens at the time the item has been sold. See above thread for more details. But also Art. 185 Code of obligations and https://www.kauf-vertrag.ch/gefahrtragung

Which means:

is allready better than the bare minimum as defined in the code of obligations.


If the carrier damages the item, than you as the customer can claim demages against the carrier. The retailer is put of the loop. Which means that the transport insurance is not needed per se, but can gove you piece of mind in case of a senitive high ticket item, like a big tv screen.
Dear aSwissInTheUs,

My bad, I completely forgot that thread existed and I did a quick search and somehow didn't find/see it. Thanks for the links, I appreciate it. So then in summary, it depends on the store itself and their own T&C as to whether they choose to apply this law? Because stores such as Digitec don't apply it.

Your faithfully,

Chuff.
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  #24  
Old 10.02.2021, 10:34
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Re: Companies trying to charge a "transport guarantee"... does it really matter?

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. So then in summary, it depends on the store itself as to whether they choose to apply this law? Because stores such as Digitec don't apply it.
Correct. You must read the general terms and conditions (AGB). If nothing is stated than the default set by the law is what applies. Which means the T&C must explicitly state that the seller bears the risk of transport loss and damage.

The idea of the Code of Obligations is that you do not need to have to write lengthy contracts and T&C but can make it as simple: Give money, here have goods.
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Old 10.02.2021, 10:40
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Re: Delivery guarantee

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I am going to write to their customer service and ask for a response from them on this particular topic, as I have done a fair bit of shopping with them over the years and it would be interesting to see what their official stance is.
So what was their official stance?
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Old 10.02.2021, 10:45
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Re: Delivery guarantee

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Locks like Coop and it subsidiaries (Fust, Microspot, Interdiscount, Nettoshop) play by the book, whereas Migros and its subsidiaries (Digitec, Galaxus, m-electronics) go beyond the bare minimum.
We can add Nettoshop to the Coop list. Which I did.
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Old 10.02.2021, 10:47
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Re: Companies trying to charge a "transport guarantee"... does it really matter?

The law is clearly outdated and not aligned with modern commerce.

But even so, how is a professional transportation company damaging an item "accidental"?

And even if it is, most other professions have indemnity insurance to cover this sort of thing, you don't have to take out your own.

That's why I'm curious whether this has been tested in court to judge the actual boundaries of accident vs professional due care.
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  #28  
Old 10.02.2021, 10:54
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Re: Companies trying to charge a "transport guarantee"... does it really matter?

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Correct. You must read the general terms and conditions (AGB). If nothing is stated than the default set by the law is what applies. Which means the T&C must explicitly state that the seller bears the risk of transport loss and damage.

The idea of the Code of Obligations is that you do not need to have to write lengthy contracts and T&C but can make it as simple: Give money, here have goods.
Thanks. I asked the mods to merge this thread with the other to avoid further duplication.

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The law is clearly outdated and not aligned with modern commerce.

But even so, how is a professional transportation company damaging an item "accidental"?

And even if it is, most other professions have indemnity insurance to cover this sort of thing, you don't have to take out your own.

That's why I'm curious whether this has been tested in court to judge the actual boundaries of accident vs professional due care.
Yes, I also think it seems really outdated. IMO in the end if you order something it should be the retailers job to ensure it gets to you in good condition, including following up and claiming from the postage company if there is a problem.
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