Right of Withdrawal in Switzerland

Right of Withdrawal in Switzerland

Unlike the European Union, Switzerland does not provide a general right of withdrawal for online purchases. The right of withdrawal only exists in specific cases.

Doorstep Selling (Art. 40a-40g CO)

The Code of Obligations provides a 14-day right of revocation for contracts concluded during doorstep selling or comparable situations (art. 40a CO). This right applies when:

1. The contract was concluded at a promotional event
2. The contract was concluded at the consumer's home
3. The contract was concluded at the consumer's workplace
4. The contract was concluded on public transport or in a public place

The 14-day period runs from the conclusion of the contract. Revocation must be communicated to the seller in writing.

Online Purchases

In Switzerland, there is NO statutory right of withdrawal for online purchases, unlike EU law. If you buy online, you are bound by the contract from the moment of order confirmation.

Exceptions:

1. If the seller provides a return policy in their general terms (commercial policy, not legal obligation)
2. If the product is defective (warranty, art. 197 et seq. CO)
3. If the seller provided misleading information (art. 28 CO, fraud)

Consumer Credit Contracts (Art. 16 CCA)

The Consumer Credit Act (CCA) provides a 14-day right of revocation for consumer credit contracts (art. 16 CCA). The consumer may revoke the contract without reason within this period.

Insurance Contracts (Art. 3a ICA)

The Insurance Contract Act (ICA) provides a 14-day right of revocation for insurance contracts (art. 3a ICA). The policyholder may revoke the contract without giving a reason.

Timeshare Contracts

Timeshare contracts benefit from a 14-day right of revocation under specific applicable provisions.

No Right of Withdrawal

No right of withdrawal applies to:

1. In-store purchases
2. Online purchases (unless the seller's general terms provide otherwise)
3. Contracts between professionals
4. Personalised or perishable goods