Online shopping in Switzerland: rights regarding delivery, defects and returns

Rights of buyers in Swiss online shops

What rights do buyers have when shopping at Swiss online shops? The following examples The examples in this blog post refer to purchases made directly from a Swiss online shop that are subject to Swiss law. For online platforms, the situation may be different (see FAQ). explain what rights shoppers have in the event of typical problems with online shopping and what they should watch out for.

Jump straight to the relevant question

Returning goods without any defects: Can I simply return goods that have been delivered if I don’t like them?

Nina orders a jumper from a Swiss online shop. But before it arrives, she spots a style she likes better. Can she simply send the perfectly good jumper back? 

Here’s what the lawyer says

Swiss law does not provide for a statutory right of return for online purchases. The law provides for a "right of withdrawal" only in the case of certain types of contract, such as “high-pressure situations” like doorstep selling or telephone marketing. This right of withdrawal does not apply to ordinary purchases from a Swiss online shop.

What is meant by the right of withdrawal, right of return and warranty?

• Under the “right of withdrawal”  The right of withdrawal is governed by Art. 40a et seq. of the Swiss Code of Obligations, a contract that has already been concluded can be rescinded within a certain period. Swiss law only provides for a right of withdrawal in certain situations, such as doorstep selling.
• Swiss law does not provide for a right of return for faultless goods. However, online shops may choose to voluntarily allow returns and set their own conditions (return period, required condition of the goods, who bears the costs) in their general terms and conditions.
• The “warranty” The warranty is governed by Art.197et seq. of the Swiss Code of Obligations. is governed by Swiss law and relates to customer’s rights if the delivered goods are defective (e.g. incorrect size or material).

Ordering in an EU online shop: does the EU’s 14-day right of withdrawal also apply to Swiss customers?

Nina orders the jumper from an online shop based in the EU. As a customer from Switzerland, can she invoke the EU’s 14-day right of withdrawal? 

Here’s what the lawyer says

The EU right of withdrawal is governed by the Consumer Rights Directive  The EU right of withdrawal is governed by the Consumer Rights Directive 2011/83/EU.. Whether you can rely on it as a buyer depends on the law that applies to the contract between the buyer and the online shop. This question can be complicated in individual cases. It’s definitely worth taking a look at the general terms and conditions. These often specify which law applies in each case.

Conclusion of the contract of sale: when does the online shop have to deliver?

Nina clicks on “Place order with obligation to pay” in a Swiss online shop and receives an automatic confirmation of receipt. Does this mean that a binding contract of sale has already been concluded – or can the shop still reject the order? 

Here’s what the lawyer says

In order for a contract to be concluded, the parties must mutually agree on their intentions: offer and acceptance as provided for in Art. 1 of the Swiss Code of Obligations. By clicking on “Place order with obligation to pay”, the buyer usually submits a request to conclude a contract. However, the contract is only concluded when the shop accepts this request, for example by issuing an order confirmation or by dispatching the goods Under Swiss law, a contract can be accepted in two different ways: explicitly (e.g. with an order confirmation) or implicitly (through conclusive behaviour, e.g. by dispatching the goods). The main difference lies in how the intention is expressed.. 

Some websites do state that the products and prices listed in the online shop are to be regarded as an offer. At the same time, they reserve the right to cancel the contract if, for example, they are unable to deliver a product. As shops often wish to reserve the right to decide whether to conclude a contract, their websites feature notices such as “while stocks last”, “non-binding”, etc.

Damaged goods: delivered broken – what are my rights?

Sven orders a coffee machine from a Swiss online shop and finds a crack in the water tank when unpacking. What rights does he have? Can he choose between repair, replacement, a discount or a refund – and how might the general terms and conditions affect these rights? 

Here’s what the lawyer says

The crack in the water tank constitutes a material defect, and Sven is entitled to his warranty rights Warranty rights are governed by Art.197 et seq. of the Swiss Code of Obligations.. In the event of a material defect, the Swiss Code of Obligations provides for:

• a right of rescission or withdrawal (cancellation of the online purchase), i.e. return of the goods in exchange for reimbursement of the purchase price as provided for in Art.205 para. 1 of the Swiss Code of Obligations
• a discount as provided for in Art.205 para.1 of the Swiss Code of Obligations on the purchase price or 
• replacement delivery as provided for in Art.206 para. 1 of the Swiss Code of Obligations

However, the Swiss Code of Obligations does not provide for a right to repair. Nevertheless, this is often agreed in the contract. 

It is important for consumers to read through the contractual conditions set out in the general terms and conditions. This is because, in principle, an online shop may, through contractual terms, partially restrict or even entirely exclude statutory rights in the event of defects. However, there are limits to this – particularly where a defect has been fraudulently concealed or where a clause in the general terms and conditions contravenes Article 8 of the Federal Act on Unfair Competition (UCA).

Reporting a defect correctly: you’ve spotted a defect – what now?

How quickly does Sven have to report the damage, how should he document it and who should he contact? What happens if he only discovers the defect some time later, or if the shop refers him to the manufacturer? 

Here’s what the lawyer says

Under Swiss law, Sven must check the goods “as soon as is practicable in accordance with the ordinary course of business” and report any defects discovered to the seller “immediately”. The duration of the obligation to check and report defects is not strictly regulated by law, but depends on the circumstances of the individual case. However, the courts are strict and generally only grant short time limits (a few days; in the case of perishable goods, possibly just a few hours, otherwise around seven days). 

The situation is different for hidden defects, i.e. defects that cannot be detected even upon careful inspection. Sven must report such defects immediately after they are discovered. Otherwise, he will forfeit all rights relating to defects. Sven can document the defect with photos or a detailed written description. 

He must send the report to the seller. As he has concluded the contract with the shop, he can assert his contractual rights against the shop. The shop cannot simply refer him to the manufacturer.

However, the manufacturer may also have provided a guarantee. In this case, depending on the content of the guarantee, Sven can also request a repair directly from the manufacturer, for example.

Late delivery: can I cancel my online purchase?

Miro orders party supplies, which should arrive within one to two weeks. They are only delivered after three weeks, by which time the party has already been and gone. Can he withdraw from the purchase? 

Here’s what the lawyer says

The rules governing what is known as “default of the obligor” apply here Default of the obligor is governed by Art. 102 et seq. of the Swiss Code of Obligations.. Miro can only withdraw from the contract under the following conditions: Miro must send the seller a reminder If a specific due date has been agreed, Miro does not need to send a reminder. If the time frames are vague, as in the case of (“one to two weeks” and “should arrive”), there is likely no due date. and grant them a reasonable grace period; the reminder and grace period Buyers may only waive the setting of a grace period in certain exceptional cases. This would be the case here if the service would be of no use to Miro after the arrival of the goods and the seller could have recognized this. This cannot be assumed here, partly because Miro could throw another party in the future. can be included in the same message to the seller. Only once the grace period has expired without result could Miro decline the service and demand compensation. 

Binding delivery date: what happens if I have agreed a fixed delivery date?

Would the legal situation be different if Miro had expressly agreed that the party supplies absolutely had to arrive no later than the day before the party? 

Here’s what the lawyer says

This arrangement is more advantageous for Miro. Firstly, this is a transaction with a due date, so no reminder is required. Secondly, Miro is not required to set a grace period, as this is a fixed-date transaction in which, according to the contract, performance is to take place at or before a specific time. 

Incorrect delivery: Received the wrong goods – who pays for the return?

Sarah orders blue socks in size 36/37, but receives yellow socks in size 42/43. What should she do – and who pays for the return? 

Here’s what the lawyer says

This is somewhat complicated, as we lawyers cannot agree on whether the delivery of incorrectly sized socks constitutes the delivery of defective goods or a failure to deliver. To be on the safe side, Sarah should inform the seller of the error immediately, return the socks that were delivered along with the proof of purchase and request that the correctly ordered socks be delivered within a reasonable time If the correct socks then do not arrive on time, Sarah could withdraw from the contract and demand compensation for any losses (such as return shipping costs).. As the seller is solely responsible for the incorrect delivery, they must bear the cost of the return. 

I’ve never ordered from here before: how can I tell if a Swiss online shop is reputable?

Miro finds the party supplies particularly cheap in a shop with a “.ch” web address. However, he can only pay in advance, and the legal notice lacks a verifiable business address. How can reputable Swiss online shops be identified – and which warning signs should shoppers take seriously? 

Here’s what the lawyer says

Key warning signs of untrustworthy online shops include a missing or incomplete legal notice, unrealistically low prices for branded goods, only accepting payment in advance rather than offering multiple payment options, an unsecured website connection, and poor language or grammar. Look out for quality marks. A “.ch” domain alone is not a reliable way of ruling out untrustworthy providers.

Good to know: your obligations as a buyer

• Before placing an order, the buyer should check whether the online shop is reputable (see FAQs).
• Upon receipt of the goods, the buyer must inspect them promptly and report any defects immediately. Otherwise, they will forfeit all rights relating to defects. It is advisable to report a defect to the seller immediately in writing and to clearly state the preferred legal consequences (rescission/withdrawal, discount or replacement). 
• In addition, evidence such as the order confirmation and proof of purchase should be kept, and photos of the defect should be taken.
• It is recommended to consult a specialist in cases where there is a dispute.

Please note: this article provides general information and is not a substitute for legal advice in specific cases.