Faulty goods, warranty and returns under Swiss law
To verify This page has 3 items that could not be confirmed on an official page. Check them yourself before relying on them:
- Keep proof: the receipt and a dated copy of your written notice. To verify: no official page found lists the d…
- Many shops offer a "manufacturer's guarantee" or repair-only guarantee. To verify: how such a guarantee intera…
- In a shop: To verify: no official page found says this in so many words, but the SECO page names withdrawal ri…
What you can do when something you bought is defective, why "I changed my mind" returns depend on the shop, and the 14-day right to cancel doorstep and phone sales. For free help with a dispute, see Free legal advice for students.
Key facts
- 2 years: claims for defects expire two years after delivery, even if you find the defect later (CO art. 210).
- Tell the seller without delay: check goods as soon as you can and report any defect immediately, ideally in writing (CO art. 201; SECO).
- Sellers can change the rules: the warranty articles are not mandatory, except the time limit, so the seller's terms (conditions générales) can limit or replace them (SECO; CO art. 199, art. 210 al. 4).
- No general right to return online purchases in Swiss law (SECO).
- Doorstep and phone sales: 14-day right to cancel for private purchases over CHF 100 (CO art. 40a to 40e).
1. The legal warranty (garantie pour les défauts)
- The seller is liable for promised qualities and for defects that remove or noticeably reduce the item's value or intended use, even if the seller did not know about them (CO art. 197).
- Your options for a defect: cancel the sale or ask for a price reduction (CO art. 205). A replacement is a legal right only for standard mass-produced goods (choses fongibles), where you can demand other items of the same kind (CO art. 206); for other items, a repair or exchange depends on the seller's terms (SECO).
- Check and notify: check the item as soon as you normally can; if you find a defect, tell the seller without delay. If you do not, the item is treated as accepted, except for defects you could not find with a normal check. Hidden defects that show up later must also be reported immediately (CO art. 201).
- Time limit: 2 years from delivery (CO art. 210 al. 1); 5 years for items built into a building (CO art. 210 al. 2). The seller may promise a longer period (CO art. 210 al. 1).
- Keep proof: the receipt and a dated copy of your written notice. To verify: no official page found lists the documents to keep.
2. When the seller limits the warranty
- The CO warranty rules are not mandatory, except for the time limit. A seller can change the buyer's rights through its general terms, so read them: they decide what you get for a defect (SECO).
- What a seller cannot do in a consumer sale (item for your personal or family use, sold by a business): shorten the time limit below 2 years, or 1 year for second-hand items (CO art. 210 al. 4; SECO).
- A clause that removes or limits the warranty is void if the seller fraudulently hid the defect (CO art. 199).
- Many shops offer a "manufacturer's guarantee" or repair-only guarantee. To verify: how such a guarantee interacts with the legal warranty in a given case; check the terms or ask an advice service.
3. Returning goods you simply do not want
- Online: Swiss law has no general right of withdrawal for internet purchases. A Swiss shop can offer one voluntarily, and a foreign site that sells to Switzerland may offer one because it follows EU law. Read the shop's terms (SECO).
- In a shop: To verify: no official page found says this in so many words, but the SECO page names withdrawal rights only for doorstep sales and some special contracts. An exchange or refund for an item without a defect therefore depends on the shop's own policy. Ask before you pay and keep the receipt.
4. Doorstep, street and phone sales: 14 days to cancel
Under CO art. 40a to 40f, you can cancel (révoquer) if:
- it is a contract for goods or services for your personal or family use, from a business, and you pay more than CHF 100 (art. 40a). Insurance contracts follow the Insurance Contract Act instead (art. 40a al. 3);
- you were approached at your workplace, at home or just outside it, on public transport or in the street, at a promotional event linked to an excursion, or by phone (art. 40b).
How it works:
- 14 days. The period starts once you have made or accepted the offer and received the seller's written information about the cancellation right (art. 40e al. 2; art. 40d).
- No form required, but you must be able to prove you cancelled in time, so use registered post or another traceable method. Posting it on the last day is enough (art. 40e).
- No right if you yourself asked for the negotiations, or if you signed at a market or fair stand (art. 40c).
Want to end a subscription or other ongoing contract instead? See Cancelling phone, gym, streaming and insurance contracts.
Pressure calls, fake prize offers and parcel texts are covered in Phishing, SMS and parcel scams.
5. Where to get help
- Federal Consumer Affairs Bureau (Bureau fédéral de la consommation, BFC): helpline +41 58 462 20 00, Monday, Wednesday and Friday, 10:00 to 11:00. It gives general information and options without taking sides (BFC).
- Free or low-cost legal advice in Lausanne: Free legal advice for students.