Terms and Conditions
For goods, it is necessary to indicate the price actually to be paid in Swiss francs, including non-optional supplements of all kinds (art. 3 and 4 OIP). The price and all the relevant information concerning it must be clearly visible and easily legible near the goods illustrated / described (art. 7 and 8 OIP). The price must appear in an easily readable and clearly visible font size near the product. It should not appear only after scrolling through the web page or clicking on a link.
Non-optional supplements must be included in the price, as they are imperatively associated with the purchase of the goods and cannot be omitted. These include, for example, VAT, copyright fees, recycling taxes for household appliances, etc.
It is allowed to indicate the shipping costs separately, as these may vary depending on the volume of the order. However, they too must be clearly visible and easily legible. How to proceed? For example, by a link at the price level which links to the information page on shipping costs (e.g. shipping costs extra).
Optional price supplements must be indicated in a clear and transparent manner. If they must form an integral part of the contract, the customer must give his express agreement in the matter.
Supplements for payment by credit card are optional price supplements only if another free and commonly used payment method in Switzerland is available. Otherwise, these costs must also be included in the price.
The OIP applies to the services listed in art. 10, al. 1, OIP . For these services, it is necessary to indicate the price actually to be paid in Swiss francs , including non-optional supplements of all kinds (art. 10, paragraphs 1 and 2, OIP). Tourist taxes can be indicated separately. The prices must be easy to consult and easily legible (art. 11 OIP). The type (description) and the unit of services provided (number of people, hours, km, items, etc.) or prices should be clearly indicated. (hourly rate, kilometer rate, percentage, etc.) to which the prices relate.
Special provisions are also provided for in arts. 11 a to 12, OIP for a certain number of services. In this regard, please refer to the information brochures specific to certain branches .
When, in advertising, prices are mentioned or price ranges or price limits are given in figures, the prices to be paid actually, including for all goods and services all non-optional supplements.
The advertising offer must be specified. Concretely, it must be clearly indicated what the price refers to (number, weight, hourly rate, kilometer rate, etc.). Goods and services must be designated according to their essential criteria (brand, type, type, etc.). Therefore, the price must correspond to the product photographed or described. For advertising disseminated in electronic form (e.g. on home pages or banners on the Internet, in emails or on smartphones), it is possible to refer to a website in order to specify the offer , provided that it is accessible with a single click.
Comparative prices and price reductions are only allowed under certain conditions and for a certain time only. In this regard, please refer to the 2012 Practical Guide .
From the moment sensitive data is collected from customers, an e-commerce site is subject to federal data protection law:
In the event of a dispute arising from a consumer contract, the consumer can bring legal action either at his place of domicile or that of the seller. The consumer cannot waive this right in advance.
EU legislation is more stringent in some areas than Swiss technical requirements. If the online store is also intended for consumers from European Union countries, the following elements must be taken into account in addition to the prescriptions already mentioned:
- Right of revocation. In principle, a customer can return a product within 14 days of receipt.
- Payment, delivery and service conditions, and delivery time. Possible duration of the contract and terms of termination. The corresponding information must be indicated. Unless otherwise agreed, the delivery period is a maximum of 30 days.
- Clear information. In addition to the seller's contact details, the main characteristics of the product or service should be indicated. The total price must also be mentioned, all taxes and fees included. It is advisable to indicate the costs which cannot be calculated in advance and to specify the method of calculation of the prices.
- Guarantee . The legal guarantee is at least two years. During this period, the consumer can request repair or replacement of the defective product. If he does not obtain the expected result, the termination of the contract or the reimbursement of the capital loss is in principle possible.
- CG. The consumer must have the possibility of consulting and recording the CG when concluding the contract.
Control button. The button used to place an order must include the expression "order with payment obligation" or another explicit name.