PostedMay 21, 2022, 3:22 p.m.
An elected defender of consumer rights would like the conditions for the return of a product ordered on the Net to be defined.
It is sometimes the cross and the banner to return an item purchased online that is not suitable.
DR
Who has never found themselves with an item ordered online that does not suit them? The return is sometimes complicated even if many merchants are accommodating and resume such orders online. But the law does not require them to do so. This is why arbitrariness reigns in the general conditions of sale of online traders, criticizes the Konsumentenschutz foundation (Defense of German-speaking consumers). Indeed, due to the absence of a legal basis, the latter can themselves dictate the conditions of return. One of the conditions most often applied is that the product must be in its original unopened packaging and not have been unpacked, recalls the “Schweiz am Wochenende”.
In the European Union, the conditions are clear. Consumers can return any online order within 14 days. In some cases, even if the product has been tried and the packaging has already been discarded. In the EU, customers don’t even have to give a reason to cancel their order. For National Councilor Nadine Masshardt (PS / BE), who is also president of the Foundation for Consumer Protection, such a way of doing things is also necessary in Switzerland. She filed a motion about it. “It is time for Switzerland to finally enshrine in law a right of withdrawal in online commerce,” she advocates.
The branch not opposed to new rules
Nadine Masshardt makes a critical judgment on the right of return for Swiss online commerce. On the one hand, the duration of the right of return is very variable and ranges from a few days to several weeks. “And there are obstacles that turn the generously granted right of return into a farce.” No legal right to restitution, whereas precisely in times of pandemic, the turnover of online commerce has exploded in the last two years. As proof, according to the professional association of online commerce, local traders sold goods worth 12.3 billion francs in 2021.
The industry is defending itself against the criticism that Swiss consumers are at a disadvantage in online commerce and that the voluntary right of return is a “joke”. “Our right of withdrawal is already very similar to that of the EU”, explains one at Microspot, a subsidiary of Coop. But there is one major difference: Like other merchants, Microspot only takes back products in their original, unopened packaging – otherwise a fee is due. A Brack.ch spokesperson says customers are very appreciative of the return policy. If a mandatory right of return were one day introduced in Switzerland, Brack.ch would be open.
(jbm)