Go Back   English Forum Switzerland > Help & tips > Other/general  
Reply
 
Thread Tools Display Modes
  #1  
Old 11.08.2011, 12:52
Forum Veteran
 
Join Date: Mar 2010
Location: Lyss
Posts: 910
Groaned at 37 Times in 29 Posts
Thanked 883 Times in 434 Posts
glinaa has a reputation beyond reputeglinaa has a reputation beyond reputeglinaa has a reputation beyond reputeglinaa has a reputation beyond repute
Product return law in Switzerland

Similarily to the EU regulations, Swiss law states that a defective (dead on delivery) product should be replaced for a new one if returned within 7 working days.

The 7 working days period is counted from the date of delivery, but how is the return time counted? I was returning a bulky product, therefore only economy shipping was possible. I sent it back on the 5th day, but it had only arrived on the 8th day. Now I face a lenghty warranty repair instead of a direct replacement. Or should I insist on a replacement?
Reply With Quote
  #2  
Old 11.08.2011, 16:35
Newbie 1st class
 
Join Date: Feb 2011
Location: Zurich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
cherli_oo2 has no particular reputation at present
Re: Product return law in Switzerland

there's no harm in trying...
Reply With Quote
  #3  
Old 11.08.2011, 16:41
whitepard's Avatar
Junior Member
 
Join Date: Jun 2011
Location: Basel
Posts: 70
Groaned at 0 Times in 0 Posts
Thanked 16 Times in 13 Posts
whitepard is considered knowledgeablewhitepard is considered knowledgeablewhitepard is considered knowledgeable
Re: Product return law in Switzerland

This is a good question, by logic they should count from the day that you sent the pack and not the day that was delivered (although sometime these type of regulations do not follow logic at all). I would go ahead and make them notice that you sent back the product in time and if they want it faster they should pay for the return fee ( as they do in the USA). As Cherli said, there is no harm in trying, worst come worst you are in the same situation as you are now, but if they agree with you, you can get the item new .
Reply With Quote
  #4  
Old 30.09.2011, 16:33
Mica's Avatar
Forum Veteran
 
Join Date: Oct 2007
Location: Zurich
Posts: 979
Groaned at 1 Time in 1 Post
Thanked 1,244 Times in 553 Posts
Mica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond repute
Re: Product return law in Switzerland

Quote:
View Post
Similarily to the EU regulations, Swiss law states that a defective (dead on delivery) product should be replaced for a new one if returned within 7 working days.
Which Swiss law would that be?

Article 40a CO only applies to "door-to-door sales and similar contracts" and not to internet sales. In any event the deadline to revoke door-to-door sales is 7 calendar days (not working days!).
Reply With Quote
  #5  
Old 30.09.2011, 16:44
tom tulpe's Avatar
Forum Veteran
 
Join Date: Jul 2011
Location: Horgen
Posts: 1,182
Groaned at 21 Times in 19 Posts
Thanked 1,409 Times in 646 Posts
tom tulpe has a reputation beyond reputetom tulpe has a reputation beyond reputetom tulpe has a reputation beyond reputetom tulpe has a reputation beyond reputetom tulpe has a reputation beyond repute
Re: Product return law in Switzerland

Quote:
View Post
Similarily to the EU regulations, Swiss law states that a defective (dead on delivery) product should be replaced for a new one if returned within 7 working days.
There is no such EU regulation. For the sale of goods to a consumer the statutory warranty period is two years.

Last edited by tom tulpe; 30.09.2011 at 16:47. Reason: not being able to spell "statutory"
Reply With Quote
This user would like to thank tom tulpe for this useful post:
  #6  
Old 30.09.2011, 16:46
tom tulpe's Avatar
Forum Veteran
 
Join Date: Jul 2011
Location: Horgen
Posts: 1,182
Groaned at 21 Times in 19 Posts
Thanked 1,409 Times in 646 Posts
tom tulpe has a reputation beyond reputetom tulpe has a reputation beyond reputetom tulpe has a reputation beyond reputetom tulpe has a reputation beyond reputetom tulpe has a reputation beyond repute
Re: Product return law in Switzerland

Quote:
View Post
Which Swiss law would that be?

Article 40a CO only applies to "door-to-door sales and similar contracts" and not to internet sales. In any event the deadline to revoke door-to-door sales is 7 calendar days (not working days!).
Art. 40a CO does not require the product to be defective either. You can revoke simply because you were sold something door-to-door (or at your workplace, or on the public highway, or on public transport, or on a trip specifically organised to sell something to the participants).
Reply With Quote
  #7  
Old 30.09.2011, 16:52
Member
 
Join Date: Aug 2011
Location: Zurich
Posts: 240
Groaned at 8 Times in 6 Posts
Thanked 92 Times in 58 Posts
EarME is considered unworthyEarME is considered unworthyEarME is considered unworthy
Re: Product return law in Switzerland

I suggest you find the CFO name & address. Write to them telling them you want it replaced. Make up some crap about you being a loyal customer for years and you are so disapointed to be treated it this way etc. Ask for his intervention to resolve this situation.
Reply With Quote
This user would like to thank EarME for this useful post:
  #8  
Old 11.10.2011, 14:13
lauseur's Avatar
Newbie 1st class
 
Join Date: Mar 2010
Location: Kreis 4, Zürich
Posts: 24
Groaned at 0 Times in 0 Posts
Thanked 33 Times in 14 Posts
lauseur has made some interesting contributions
Re: Product return law in Switzerland

This being a relatively recent thread with a subject line on topic for me, I won't start a new one ...
  1. Wife wanted to get me a watch for my birthday. She went to a small shop in Lausanne -- you know, one of those dreadful tourist traps full of cuckoo clocks and other ghastly swiss kitsch, close to the station.
  2. She expressed uncertainty over whether I'd like a particular model, so, in order to entice her into making the purchase, the shop owner assured her that if I didn't like it, we would be able to return or exchange.
  3. Note that this was an oral promise with no documentation.
  4. When given the watch as my bd present, though I wasn't in love with it, I thought it was good enough not to return it.
  5. In under two weeks of possessing it, while adjusting the time with the winder deal, the watch broke. The winding apparatus literally spit out of the side of the face of the watch into my hand. ??
  6. Bringing it back to the shop, I decided I'd prefer to just ask for the money back ... on the basis of no longer being able to trust a shop that would sell such a POS.
  7. Shop owner refuses to refund or exchange or anything beyond sending the watch back to the manufacturer (Wenger), pointing to the sign on his cash register that says something to the effect of "absolutely no refunds or returns"

A swiss friend said that this sign is "for tourists," shaming me for simply accepting what the shop owner said and consenting to have him send it off to Wenger for us. It's now been a month (!) that the watch has been away for repair.

Do you agree that such a sign is "for tourists"? Do I have any recourse?
Reply With Quote
  #9  
Old 11.10.2011, 14:22
NotAllThere's Avatar
Modulo 2
 
Join Date: Oct 2008
Location: Baselland
Posts: 15,034
Groaned at 308 Times in 263 Posts
Thanked 23,193 Times in 9,419 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: Product return law in Switzerland

The longer the gap, the weaker your case. I think that as you've already accepted the watch as one you were reasonably happy with, then you can't legitimately demand a refund on the gounds of the oral promise. Taking over a month to repair, however, is out of order.

Make sure you're speaking to the owner of the business, not some sales clerk. Give him or her notice that if you don't have a refund or the watch back (repaired) within one week), you'll consider they've breach their contract, and will start debt recovery/legal proceedings. If he or she points to the sign just reply that you've got legal opinion that such a sign is "just for tourists" and has no effect under Swiss law. Point out that if you don't get satisfaction you'll also make it your mission in life to tell everyone what dreadful customer service is offered by the establishment.

Or.

Make sure you're speaking to the owner of the business, not some sales clerk. Tell him or her, that you really want the watch back, as you've fallen in love with it, but that you cannot wait much longer for the repair. Explain that if they can get you the watch back within seven days you'll make it your mission in life to tell everyone what wonderful customer service is offered by the establishment, and how happy you are.
__________________
Down with racism. Long live miscegenation!
Reply With Quote
  #10  
Old 11.10.2011, 16:47
Forum Legend
 
Join Date: May 2010
Location: north
Posts: 6,132
Groaned at 218 Times in 138 Posts
Thanked 5,100 Times in 2,636 Posts
rob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond repute
Re: Product return law in Switzerland

Quote:
View Post
This being a relatively recent thread with a subject line on topic for me, I won't start a new one ...
  1. Wife wanted to get me a watch for my birthday. She went to a small shop in Lausanne -- you know, one of those dreadful tourist traps full of cuckoo clocks and other ghastly swiss kitsch, close to the station.
  2. She expressed uncertainty over whether I'd like a particular model, so, in order to entice her into making the purchase, the shop owner assured her that if I didn't like it, we would be able to return or exchange.
  3. Note that this was an oral promise with no documentation.
  4. When given the watch as my bd present, though I wasn't in love with it, I thought it was good enough not to return it.
  5. In under two weeks of possessing it, while adjusting the time with the winder deal, the watch broke. The winding apparatus literally spit out of the side of the face of the watch into my hand. ??
  6. Bringing it back to the shop, I decided I'd prefer to just ask for the money back ... on the basis of no longer being able to trust a shop that would sell such a POS.
  7. Shop owner refuses to refund or exchange or anything beyond sending the watch back to the manufacturer (Wenger), pointing to the sign on his cash register that says something to the effect of "absolutely no refunds or returns"
A swiss friend said that this sign is "for tourists," shaming me for simply accepting what the shop owner said and consenting to have him send it off to Wenger for us. It's now been a month (!) that the watch has been away for repair.

Do you agree that such a sign is "for tourists"? Do I have any recourse?

Swatch do exactly the same, they will not refund/replace without sending the watch for inspection
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Buyers Remorse / Return Right - What is the Swiss law? PeterDB Other/general 23 02.05.2018 13:32
Return of Apt Security Deposit, What is the Law NYC-Basel Leaving Switzerland 1 18.11.2010 22:55
swiss law: returning the product? pls help dorin_boca Other/general 4 29.03.2010 13:16
Job Advertising and Employment Law in Switzerland Tubbies-Mummy Employment 6 03.03.2009 15:54


All times are GMT +2. The time now is 17:01.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0