Consumer law in Switzerland protects persons who conclude contracts for private purposes with professionals. Unlike the European Union, Switzerland does not have a unified consumer code: protections are dispersed in the Code of Obligations (CO), the Federal Act against Unfair Competition (UCA), the Consumer Credit Act (CCA) and various sectoral laws. PBM Avocats in Geneva and Lausanne advises consumers and businesses on their rights and obligations in this field.
The Legal Framework of Swiss Consumer Law
The principal legal sources applicable to relations between professionals and consumers in Switzerland are:
| Legal source | Protection granted |
|---|---|
| Art. 40a-40f CO | 14-day right of withdrawal (distance contracts, off-premises contracts) |
| Art. 197-210 CO | Statutory warranty for defects (2 years for movable goods) |
| Art. 8 UCA | Nullity of abusive clauses in B2C general terms and conditions |
| Art. 3 UCA | Prohibition of misleading advertising and unfair practices |
| Consumer Credit Act (CCA) | Maximum rate, right of withdrawal, creditworthiness check |
| Federal Act on Data Protection (revDPA) | Protection of consumers' personal data |
The Right of Withdrawal in Distance Contracts (art. 40a et seq. CO)
The right of withdrawal allows the consumer to withdraw from a contract concluded at a distance (internet, telephone, catalogue) or off-premises (doorstep selling) within a period of 14 calendar days without having to give a reason. This period begins running:
- For sale of goods: from receipt of the goods by the consumer;
- For services: from conclusion of the contract;
- If the professional has not informed the consumer of their right of withdrawal: the period is extended to 12 months after expiry of the ordinary period.
Withdrawal must be exercised by a clear declaration addressed to the professional (official form, letter, email). The professional must reimburse all payments received, including initial delivery costs, within a period of 30 days from the withdrawal.
Statutory Warranty for Defects (art. 197-210 CO)
The statutory warranty for defects applies automatically to any sale of movable goods between a professional and a consumer. It covers defects present at the time of delivery, even if discovered later. The consumer's rights include:
- Repair: the seller repairs the defect at their expense;
- Replacement: the seller replaces the defective good;
- Price reduction: proportional reduction corresponding to the depreciation caused by the defect;
- Rescission of contract: return of the good and reimbursement of the price (in the case of a serious defect).
The consumer must notify the seller as soon as the defect is discovered. The limitation period for action is 2 years from delivery (1 year for second-hand goods if contractually reduced). The manufacturer's commercial guarantee is in addition to this statutory warranty.
The Unfair Competition Act (UCA) and Unfair Practices
The UCA protects consumers against several types of unfair conduct:
- Misleading advertising (art. 3 lett. b UCA): any inaccurate statement or one likely to mislead regarding the characteristics, price, origin or availability of a product;
- High-pressure selling (art. 3 lett. h UCA): aggressive commercial practices or harassment;
- Misleading free offers and hidden subscriptions;
- Abusive clauses in general terms and conditions (art. 8 UCA): clauses that create a notable and unjustified imbalance to the detriment of the consumer;
- Pyramid selling and other unlawful distribution systems.
E-Commerce: Specific Obligations
Online retailers addressing Swiss consumers are subject to specific pre-contractual information obligations:
- Full identity and contact details of the seller;
- Complete and accurate description of the goods or services;
- Price including all taxes and delivery costs;
- Payment, delivery and performance terms;
- Existence (or not) of the right of withdrawal and its conditions;
- Cost of returning goods in the event of withdrawal.
Companies selling online to consumers located in the EU are also subject to European consumer law (Directive 2011/83/EU and its successors) when their activities are directed towards these markets. PBM Avocats advises Swiss companies on the compliance of their general terms and conditions and commercial policy with these requirements.
Frequently Asked Questions on Consumer Law in Switzerland
Does the right of withdrawal apply to all online purchases in Switzerland?
No. The 14-day right of withdrawal (art. 40a et seq. CO) applies to contracts concluded at a distance or off-premises between a professional and a consumer for goods or services, but with important exceptions. Excluded are notably: goods made to measure or personalised, perishable goods, downloaded digital content, services fully performed with the consumer's consent, and tickets for events at a fixed date. The seller must inform the consumer of their right of withdrawal before conclusion of the contract.
What is the minimum statutory warranty period for products in Switzerland?
Under Swiss law, the statutory warranty for defects in consumer goods (art. 197 et seq. CO) is 2 years from delivery for movable goods (art. 210 para. 1 CO). This warranty applies even if the seller has not granted an explicit commercial guarantee. The parties may reduce this period to 1 year for second-hand goods. The commercial guarantee from the manufacturer or distributor is in addition to the statutory warranty and cannot replace it. The consumer must notify the seller as soon as the defect is discovered.
Does art. 8 UCA effectively protect consumers against abusive clauses?
Art. 8 UCA, in force since 2012, allows clauses in general terms and conditions that provide a notable and unjustified imbalance to the detriment of the consumer to be declared null. However, its practical application is limited by several factors: there is no administrative supervisory authority (as in European law), the consumer must themselves bring proceedings, and procedural costs may discourage small claims. Consumer associations (SKS/FRC) may bring collective actions in certain cases.
What to do if an online retailer refuses to reimburse after a valid withdrawal?
If the consumer has exercised their right of withdrawal within the legal time limit and in the prescribed form, the professional is required to reimburse all payments received within 30 days. In the event of refusal, the consumer can: apply to the sectoral mediation body, lodge a complaint with the Competition Commission (COMCO) if generalised unfair practices are involved, or initiate judicial proceedings. A payment order via debt enforcement under the DEBA is often effective for small claims.
Are influencers and online advertisements subject to particular rules in Switzerland?
Yes. The UCA requires transparency in commercial advertising. Sponsored posts on social media must be clearly identified as such ('advertising', 'partnership' or 'sponsored'). Failure to comply with this obligation constitutes misleading advertising within the meaning of art. 3 UCA. The Federal Communications Commission (ComCom) and professional associations (Swiss Advertising) have issued recommendations on this matter. Influencers are personally responsible for UCA violations.