When medication does not mean free consent
Bedridden in hospital after an operation and under the effect of morphine, I bought a pretty bracelet on an online auction site that I had absolutely no use for! I don't know what came over me and I don't think my state of health allowed me to conclude this sale. Is there any legal way of cancelling it?
F, Vaud
Yes, there are several ways of disputing an online sale concluded in an altered state of consciousness.
Firstly and generally speaking, according to art. 18 of the Swiss Code of Obligations (CO), a contract is only valid if the parties express their agreement. However, a person who is temporarily incapable of discernment - under the influence of drugs, for example - cannot validly enter into a contract. If this were the case, you could invoke this incapacity to have the sale annulled by providing proof of your condition, for example by means of a medical certificate.
If your capacity for discernment was not completely excluded, another option would be to invoke a defect in consent: according to Article 23 of the Swiss Code of Obligations, an essential error or conduct provoked under duress or justified fear can vitiate the free consent that is necessary for a transaction to be valid. Buying an object in a state of temporary mental confusion could be construed as a serious error of one's own will, particularly if the act of purchase clearly does not correspond to a considered decision.
Lastly, article 40a of the Swiss Code of Obligations gives you a fourteen-day right of cancellation for contracts concluded in the context of door-to-door sales, provided that the purchase is not related to your usual business. This right can be exercised without giving any reason, provided that the seller has not contractually excluded this option. So check the site's general terms and conditions immediately and look for a similar solution.
In a case like yours, it is advisable to contact the seller's customer service department as soon as possible to explain the situation and ask for the order to be cancelled. In the absence of a favourable response, legal action may be taken, if necessary, on one or other of the grounds set out above.
In short, if your finger has clicked a little too quickly under the effect of a drug, Swiss law may be able to help you. So make your case to the seller without delay, and then put your computer away while you recover.
