Can I return online purchases?
Can I return online purchases?
"I've bought a number of Christmas presents on the internet, particularly on Swiss and French websites. I'm currently waiting to receive them and I'm wondering whether I'll be able to return them if the people I'm going to give them to don't like them around the Christmas tree."
Nicolas, Lausanne
Swiss law does not provide for the possibility of going back on commitments freely entered into as part of an unambiguous sales contract if the goods are not faulty. Satisfied or your money back" is not a legal right, but a contractual option offered by certain retailers to give their consumers a "right of withdrawal".
The same applies to sales on Swiss websites, since Swiss law does not currently provide for a withdrawal period or any other right of return for such contracts. However, with the aim of protecting consumers, a preliminary draft revision of the Code of Obligations has been tabled and Parliament is considering whether to introduce a statutory right of withdrawal for contracts concluded at a distance, by mail order or over the internet, as is already the case in some neighbouring countries.
Be that as it may, although there is no right of withdrawal for online sales in Switzerland, here too many retailers make contractual provision for this in their general terms and conditions of sale, which you often have to 'click' to accept before you can place an order. You should therefore refer to these general terms and conditions of sale if you have not already read them, as is often the case...
In the case of gifts ordered from French websites, the situation is somewhat different. The European Union has had the right to withdraw from a distance contract since 1997. The Consumer Rights Directive 2011/83/EU (art. 9) grants a 14-day right of withdrawal for online purchases made by consumers, who do not even need to give a reason for their decision to withdraw from the contract. It should also be noted that the general terms and conditions of sale may provide for a longer withdrawal period than the statutory 14-day period.
Happy holidays to all Tribune readers and thank you for your loyalty to this column, which my team and I prepare every week with great pleasure because your questions raise so many interesting discussions!
