The price on the Internet was not the right one

The price on the Internet was not the right one

"Regarding a watch I bought on the Internet, I'm in the same situation as the one you described on 9 October: apparently the price indicated by the seller was much lower than the one he intended to quote and he has contacted me to recover the item or to be paid the difference. If I choose to return the watch, does the seller have to cover the cost of returning it? When do I get my money back?

G. Geneva

In the case we dealt with 3 weeks ago, the seller had made a display error on his website and the price indicated was much lower than the price he wanted to charge. If this is also your situation, as the price is an essential element of the sales contract, the contract is probably not binding on the seller, who appears to have made an essential error within the meaning of art. 23 of the Swiss Code of Obligations (CO).

Since the rules on termination of a contract of sale on the grounds of defect are not applicable, since the validity of the contract itself is called into question, it is art. 26 CO that sets out the consequences of the invalidation of the contract by the party who relies on the error: that party is obliged to compensate the damage resulting from the invalidity of the agreement if the error is his own fault, unless the other party knew or ought to have known of the error.

This is "negative" damage, i.e. the difference between the creditor's actual financial situation and the hypothetical financial situation that would have existed had the contract not been concluded. The judge may even, if equity so requires, award greater damages to the injured party.

The negligent seller will therefore have to pay for any damage resulting from his error. At the very least, they will have to bear the costs of returning the item, whether by paying the postage or travelling to collect it, and, of course, refund the money they received when the order was placed.

As regards the timing of the reimbursement, i.e. before or after the item is returned, there is no legal rule specifying when it should take place. In theory, these services should be provided at the same time but, to be on the safe side, you could ask for the sum paid to be reimbursed before you return the disputed item.

Finally, don't forget to set your old watch to enjoy the new brightness of autumn mornings when you read your Tribune from Monday!