I paid too much for my purchase. What should I do?
I paid too much for my purchase. What should I do?
A week ago I bought a television with a curved screen from a major retailer in Switzerland, but it still hasn't been delivered. I've just discovered that a rival shop is selling the same model for much less. Is it correct that I have 14 days to withdraw from my purchase?
V. Meyrin
Unfortunately not for you, as this is a popular but unfounded belief.
The 14-day cancellation period does exist in articles 40a et seq. of the Swiss Code of Obligations, but only under certain very specific conditions. Firstly, the contract must be concluded between a consumer purchasing a movable item for personal or family use and a contracting party acting in the course of its professional or commercial activity. In other words, sales between private individuals, like property sales, are excluded from the scope of these legal provisions. To be able to revoke such a contract, the consumer must also have been approached in a particular context: at work, in residential premises, on public transport or in the street, at an advertising event linked to an excursion, or by telephone. The law therefore seeks to protect customers who have not been able to think carefully about their commitment in view of the circumstances in which the transaction took place.
For example, the purchase of an expensive household appliance through a door-to-door salesman could be cancelled by the buyer, provided that he contacts the seller within 14 days of the date on which the contract was concluded and he was informed of his right to cancel it. No particular form is required for this, but it is obviously preferable to proceed in writing.
However, it is not possible to invoke this right in the case of a purchase in a shop or on the internet. It should also be noted that the right of cancellation is also excluded by law if the goods cost less than CHF 100, if the contract was concluded at a market or fair stand (so it's impossible to get rid of the bulky multi-purpose robot that seemed so indispensable during that demonstration at Palexpo!) or if the consumer asked for the negotiations himself (particularly if he asked for a representative to visit him and concluded the contract in that context).
As far as you're concerned, check the terms and conditions of the shop where you made your unlamented purchase to see if it's possible to cancel your purchase, as some brands give their customers additional guarantees to those provided for by law, such as "satisfied or your money back". If this is not the case, you can always try to negotiate, as retailers are often understanding and concerned about their image.
