The 7 working days period is counted from the date of delivery, but how is the return time counted? I was returning a bulky product, therefore only economy shipping was possible. I sent it back on the 5th day, but it had only arrived on the 8th day. Now I face a lenghty warranty repair instead of a direct replacement. Or should I insist on a replacement?
Similarily to the EU regulations, Swiss law states that a defective (dead on delivery) product should be replaced for a new one if returned within 7 working days.
there's no harm in trying...
This is a good question, by logic they should count from the day that you sent the pack and not the day that was delivered (although sometime these type of regulations do not follow logic at all). I would go ahead and make them notice that you sent back the product in time and if they want it faster they should pay for the return fee ( as they do in the USA). As Cherli said, there is no harm in trying, worst come worst you are in the same situation as you are now, but if they agree with you, you can get the item new .
Which Swiss law would that be?
Article 40a CO only applies to "door-to-door sales and similar contracts" and not to internet sales. In any event the deadline to revoke door-to-door sales is 7 calendar days (not working days!).
There is no such EU regulation. For the sale of goods to a consumer the statutory warranty period is two years .
Art. 40a CO does not require the product to be defective either. You can revoke simply because you were sold something door-to-door (or at your workplace, or on the public highway, or on public transport, or on a trip specifically organised to sell something to the participants).
I suggest you find the CFO name & address. Write to them telling them you want it replaced. Make up some crap about you being a loyal customer for years and you are so disapointed to be treated it this way etc. Ask for his intervention to resolve this situation.
This being a relatively recent thread with a subject line on topic for me, I won't start a new one ...
Wife wanted to get me a watch for my birthday. She went to a small shop in Lausanne -- you know, one of those dreadful tourist traps full of cuckoo clocks and other ghastly swiss kitsch, close to the station. She expressed uncertainty over whether I'd like a particular model, so, in order to entice her into making the purchase, the shop owner assured her that if I didn't like it, we would be able to return or exchange. Note that this was an oral promise with no documentation. When given the watch as my bd present, though I wasn't in love with it, I thought it was good enough not to return it. In under two weeks of possessing it, while adjusting the time with the winder deal, the watch broke. The winding apparatus literally spit out of the side of the face of the watch into my hand. ?? Bringing it back to the shop, I decided I'd prefer to just ask for the money back ... on the basis of no longer being able to trust a shop that would sell such a POS. Shop owner refuses to refund or exchange or anything beyond sending the watch back to the manufacturer (Wenger), pointing to the sign on his cash register that says something to the effect of "absolutely no refunds or returns"
A swiss friend said that this sign is "for tourists," shaming me for simply accepting what the shop owner said and consenting to have him send it off to Wenger for us. It's now been a month (!) that the watch has been away for repair.
Do you agree that such a sign is "for tourists"? Do I have any recourse?
The longer the gap, the weaker your case. I think that as you've already accepted the watch as one you were reasonably happy with, then you can't legitimately demand a refund on the gounds of the oral promise. Taking over a month to repair, however, is out of order.
Make sure you're speaking to the owner of the business, not some sales clerk. Give him or her notice that if you don't have a refund or the watch back (repaired) within one week), you'll consider they've breach their contract, and will start debt recovery/legal proceedings. If he or she points to the sign just reply that you've got legal opinion that such a sign is "just for tourists" and has no effect under Swiss law. Point out that if you don't get satisfaction you'll also make it your mission in life to tell everyone what dreadful customer service is offered by the establishment.
Or.
Make sure you're speaking to the owner of the business, not some sales clerk. Tell him or her, that you really want the watch back, as you've fallen in love with it, but that you cannot wait much longer for the repair. Explain that if they can get you the watch back within seven days you'll make it your mission in life to tell everyone what wonderful customer service is offered by the establishment, and how happy you are.
Swatch do exactly the same, they will not refund/replace without sending the watch for inspection