The current pandemic has drastically shifted sales online. On 7.5.2021 Amazon reported a 44% increase in sales for the first 3 months of the year compared to the same period last year. Sales revenue of USD 108.5 billion for Q1/2021 yielded profits of USD 8.1 billion, an increase of 220% compared to Q1/20201. Given these impressive numbers, chances are that you also c contributed to spike and started purchasing merchandise online or increased your online habits in the past (pandemic) year. In this article I therefore recap your withdrawal rights as online customer on e-commerce platforms.
Switzerland regulates consumer withdrawal rights for sales transactions at the work place, on residential premises, in public transportation, at excursions, and by telephone or by a comparable means of simultaneous verbal communication (art. 40b CO). However, unlike the EU2, where consumers benefit from a mandatory withdrawal right on e-commerce platforms3, Swiss law does not foresee any right to deliberate over an online purchase and return a product after it has been purchased.
Swiss e-commerce traders can provide for such a right, but are not required to do so. However, if they opt to offer withdrawal rights similar or equal to the EU norm, then the following withdrawal rights must be clearly stipulated in the general terms and conditions applicable to the sold goods4:
- existence of the withdrawal right;
- withdrawal period; and
- terms of the withdrawal right.
Providing for a cancellation right might reassure customers and increase confidence at the time of the online purchase. However, the Swiss legislator obviously qualified consumers purchasing online in Switzerland as being more tech savvy and «online mature» than the Commission its EU residents. The Swiss view generally seems reasonable and legitimate as online products are usually described in detail on e-commerce platforms and online product tests, including user reviews, are mostly available online. Hence, most online consumers are probably not caught off guard. However, the Swiss solution does not necessarily protect online consumers from fraudulent online offers if the product delivered does not meet the description. Returning the product will then be more complicated (i.e. 14 days with no justification).
The next time you purchase something online on a Swiss e-commerce platform you might check for (voluntary) withdrawal rights and include those in your purchase decision. Or, if you seek such rights but they are unavailable, you could switch to a European e-commerce platform offering the same product (albeit maybe with import and VAT issues).
- 1 Karen Weise: «Amazon’s profit soars 220 percent as pandemic drives shopping online», NY Times, 5.7.2021, tinyurl.com/u6mmpcrn.
- 2 Directive 2011/83/EU of 25.10.2011 on Consumer Rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
- 3 A withdrawal under EU law is possible within 14 days without any justification whatsoever and against refund of the purchase price.
- 4 Eidg. Departement für Wirtschaft, Beruf und Forschung, KMU-Portal, Widerrufsrecht in der Schweiz und der EU, 20.02.2020, tinyurl.com/bupdmbze.
