My problems with my bicycle

My problems with my bicycle

"I bought an electric-assist bike from a Swiss company whose after-sales service is catastrophic. Every time it breaks down, the bike is sent back to the head office, and a repair that should take an hour immobilises the bike for over a month. Because of this lack of organisation, I've had to use my car on several occasions to get to work. My complaints to the after-sales service have been in vain. So I'm wondering whether the seller is bound by Swiss law to exercise a minimum of diligence in its after-sales service.

On 1 January 2013, a significant change took place in the field of sales law: the statutory period within which the buyer may rely on a defect in the goods sold, which had previously been one year from delivery of the goods by the seller, was extended to two years.

Within this period, a buyer who has duly notified the seller of the existence of a defect that occurred before the transfer of risk has a choice of three courses of action. They can either rescind the sale by bringing an action known as a redhibitory action, or they can claim compensation for the loss in value resulting from the defect by bringing an action to reduce the price, or they can ask for the item to be replaced by another of the same type. In addition to these three legal remedies, it is also possible, under certain conditions, to claim compensation for the damage caused by the defect.

It should be noted, however, that the parties are free to modify the legal regime and grant the buyer additional rights. For example, it is common for general terms and conditions of sale to provide for an extension of the warranty period or a right to repair the goods.

The seller may also guarantee the buyer a comprehensive after-sales service designed to maintain the item sold in its existing condition or to prevent a change beyond the seller's control. In this case, the parties enter into an independent guarantee whereby the seller assumes a separate contractual obligation, for example to repair the goods. In the event of poor or late performance, the seller may be required to compensate the buyer for the damage suffered.

In the case in point, it is necessary to determine whether the breakdown is due to an original defect in the bike, in which case the rules on sale apply, or to a subsequent problem resulting, for example, from wear and tear on the vehicle, which could, in this case, be covered under an independent warranty contract. In any event, if the seller has undertaken to repair the bike, he is obliged to carry out his work diligently, at the risk of having to compensate you.