Unlike European law, in Switzerland, the right of revocation exists only if the seller decides to grant it. In this case, the online shop must explicitly display its conditions, including:
The existence of the right of revocation.
The withdrawal period.
The modalities of the right of revocation.
Swiss law does not provide for any right to change one's mind and return a product following an online purchase. An e-commerce operator may provide for it but is not obliged to do so.
The only right of revocation mentioned in Swiss law is that related to door-to-door sales, regulated by Articles 40a to 40e of the Swiss Code of Obligations (CO). It allows the consumer to withdraw from a contract without specific reason, after a short reflection period. This right aims to balance the relationship between the professional and the consumer by correcting information and power imbalances.
To benefit from this right, the contract must be for personal or family use, involve a service worth more than CHF 100, and be concluded under specific circumstances such as door-to-door sales or by telephone.
In the event of a valid revocation, the parties must reimburse each other for the services received, and the buyer may have to pay a reasonable fee if they have used the product or service. Contractual clauses that restrict or modify this right are null and void.
In summary, the right of revocation in door-to-door sales aims to protect consumers from hasty decisions in unconventional sales situations, strengthening their contractual rights and enabling them to make informed decisions. It is important to note that unlike European law, the right of revocation in Switzerland is not generalized and primarily applies in the specific context of door-to-door sales.
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