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RECHTLICHE FRAGEN


Legal FAQ (Switzerland) -> Choose Other Country -> United Kingdom   |  France   |   Austria


1 Binding Nature of Contracts Concluded with MUSTBUY

2 Sales Outside the MUSTBUY Platform

3 Surcharges on the Sales Price

4 Incorrect Information about the Product

5 Guarantee and Warranty

For registered items, Swiss Post will reimburse up to CHF 500 for loss, damage, or improper delivery.

6 Counterfeits

7 Event Tickets

8 Deadline for Establishing Contact after a Purchase/Sale Contract

9 Pickups

10 Delivery Time, Availability

11 Problems with Shipping Costs

12 Customs and VAT when Importing

13 Intellectual Property

14 Right of Withdrawal

15 Minor

16 Taxes

17 Data Protection

1 Binding Nature of Contracts Concluded with MUSTBUY 

Question: “My seller has sold the item to someone else. What can I do?”

Answer: A sale on MUSTBUY is binding. The seller is fundamentally obliged to deliver an equivalent replacement within a reasonable period of time.

 

2 Sales Outside the MUSTBUY Platform 

Question: “A potential buyer contacted me via“ Questions & Answers ”and asked whether I could close my offer and sell him the goods at a different price. Is that in order?”

Answer: The terms and conditions of mustbuy.ch clearly prohibit such an approach – you and the buyer risk being excluded from the platform. In addition, you lose the opportunity to apply for seller protection from MUSTBUY in the event of problems with the buyer.

 

3 Surcharges on the Sales Price 

Question: “Can a seller from Switzerland add VAT to the purchase price?”

Answer: No, the sales price of goods that are in stock in Switzerland always includes VAT in accordance with MUSTBUY’s general terms and conditions.

Question: “Can a seller from abroad add VAT to the purchase price?”

Answer: Sellers from abroad must always deduct the foreign VAT and state the prices without VAT.

Anyone who buys goods that are clearly identified in the offer as being shipped from abroad must pay the Swiss value-added tax levied on them on import and any other import fees (customs, etc.) themselves.

Question: “In the description of the offer, the seller lists additional types of distribution (for example shipping via courier). For this, he demands additional fees. Is he allowed to do that?”

Answer: Yes, as long as he clearly states this in the payment terms “as per description”.

 

4 Incorrect Information about the Product 

Question: “The seller stated something different in the title than in the description of the offer. What is true now? ”

Answer: Basically, the seller has to deliver what is more advantageous for the buyer. There is only an exception if the seller can plausibly demonstrate that he has made the information inadvertently (“declaration error” according to OR).

Question: “I asked the seller a question before buying the product. Now it turns out that he answered this incorrectly. Is the contract still valid for me? ”

Answer: The information provided by the seller (including “Questions & Answers”) is binding assurances relating to the purchased item. He must have the goods repaired at his own expense according to his specifications and delivered as promised.

Question: “I purchased a product and now the seller has added as text that the goods are no longer for sale because he made a mistake in the offer. Can he refuse the sale because of that? ”

Answer: Basically, the seller has to deliver. An exception is only made if the seller can plausibly demonstrate that he accidentally provided the original information (“declaration error” according to OR-Swiss Law).

Question: “I supposedly bought a product at auction, but only received the packaging for it. Afterward, I saw that the small print of the offer only talked about the packaging. But you don’t see that at first glance. Can I cancel the purchase? ”

Answer: The sale of pure packaging is only permitted on MUSTBUY if it is clear from the title of the offer that only the packaging is offered. The choice of the category in which an offer is placed is also decisive.

If a seller tries to deceive potential buyers by only pointing out in the “small print” that the item is packaging, this must be reported to customer service. In this case, the buyer can withdraw from the purchase.

Question: “The seller sent me a completely different product than I ordered. Now he refuses to acknowledge this and claims that he sent me the right product. ”

Answer: As a buyer, you have to prove that you received the wrong product. If possible, open a received package in the presence of a witness (e.g. postman).

 

5 Guarantee and Warranty 

The statutory guarantee (OR-Swiss Law 197) is understood to mean the seller’s duty to ensure that his product is flawless at the time of purchase. The seller is particularly liable for material defects, i.e. for defects that are not described that significantly impair the value or use of the item for the intended use.

In contrast, the guarantee represents a voluntary contractual commitment by the seller (sometimes also by the Manufacturer), for a certain period of time for the contractually guaranteed functionality of a To vouch for the product or parts thereof, insofar as it has been used properly.

At MUSTBUY, the term guarantee is understood as the buyer’s fundamental right to repair or replace goods that differ from the product description or are defective (or a price reduction if both parties agree).

The following applies: On receipt of defective goods (e.g. material defects not mentioned that were already present at the time of purchase) the buyer must report the defect to the seller within 14 days, otherwise the guarantee will expire. If the seller refuses to repair or replace the goods, the buyer can withdraw from the contract (= rescission).

In this context, the postage costs for the return are at the expense of the buyer. Defects that are the fault of the buyer (such as breakage or moisture damage, etc.) are excluded from the guarantee. The same applies to transport damage or defects in wearing parts.

If a guarantee period is specified, this means that the seller must also be responsible for defects that arise later during the specified period, even if the defects were not visible at the time of sale.

Question: “The seller has sold a product and noted in the“ Warranty ”field:“ One year manufacturer’s warranty ”. The product broke six months after it was sold and the manufacturer wrongly refused to provide a free repair. Can I stick to the seller? ”

Answer: yes; if the seller says there is a manufacturer’s guarantee, he is liable for it, i.e. he has to bear the repair costs if the manufacturer (or importer) does not provide this service free of charge.

Question: “The goods have been damaged in transit. Who is liable for it? ”

Answer: The seller is not liable for any damage that can be proven to have occurred during transport, even if he sold the goods with a guarantee.

The only exception is if he has not packaged the goods carefully or appropriately and damage has occurred as a result.

 

For registered items, Swiss Post will reimburse up to CHF 500 for loss, damage, or improper delivery.

If the product defect has been caused by the courier service or postal service, the buyer must well document the defect by taking several photos of the damaged item, and report it to the courier service or postal service, to request the payout of the insured value of the sent product.

Question: “I bought an item without a guarantee. After receiving the goods, hidden defects appear. Is there a guarantee for these defects? ”

Answer: As a matter of principle, your salesperson does not have to repair defects that have no effect on the actual functionality of a product (e.g. slight scratches on the housing of a used kitchen appliance that could not be seen in the pictures). You cannot cancel the contract either (change).

Question: “I bought an item without a guarantee. After receiving the goods, there are defects that the seller obviously knew about. ”

Answer: If there are defects that have a significant influence on the purchase decision, then the seller must state these in the offer or on request in “Questions & Answers” and must not mislead the buyer. There is intentional deception if the seller deliberately conceals defects in the offer that he must assess as essential for a buyer (for example, photographs a car in such a way that a large bump is not visible).

In this case, the seller must ensure that the goods are repaired or replaced.

Question: “Does a seller’s warranty information in an offer take precedence over MUSTBUY’s terms and conditions?”

Answer: Yes, the information provided by the seller about the guarantee in an offer is binding. The provisions in MUSTBUY’s general terms and conditions only apply in cases in which the seller has not stated otherwise.

Example: A seller writes in his offer that he grants an unconditional right of return of two weeks for his goods. Then he takes the position that the general terms and conditions only stipulate that he must repair the goods in the event of defects and that the goods are not defective, which is why he does not take them back.

So here the seller has to grant the promised unconditional right of return.

Question: “The seller has verifiably sent the goods (Track & Trace) but the package was stolen from my mailbox. Who is liable? ”

Answer: With delivery in your mailbox, the risk of theft passes to you, because both the seller and the post office have done their job. In the case of registered mail, however, the post office or the relevant forwarding agent is liable.

 

6 Counterfeits 

Question: “I have a nice replica of a Gucci bag. Can I offer this on MUSTBUY? ”

Answer: No. The sale of imitations, fakes, copies, replicas, etc. is a trademark infringement and is not permitted on MUSTBUY. Your offer will be deleted and you will be warned. You may also be liable for damages or even criminally liable, even if you do not mention the brand name.

Question: “I saw a product that looks very much like a fake.”

Answer: The sale of fakes is not permitted on MUSTBUY. Please report offers recognizable as counterfeits sending us an email to [email protected] In this context, we recommend our checklist for suspected counterfeiting.

Question: “I bought a branded product that turned out to be a fake after buying it. How do I have to proceed? ”

Answer 1: If a product turns out to be counterfeit only after purchase, give the seller a reasonable period (e.g. ten days) to perform their contract by delivering the promised (not counterfeit) branded product to you.

Answer 2: With a written expert opinion from the manufacturer or specialist shop confirming the counterfeiting, you are entitled to the suspicion of buyer protection from mustbuy.ch.

Question: “I bought a branded product from abroad. Now it got stuck at customs because it was apparently a fake. How do I have to proceed? ”

Answer: If a product has been recognized by customs as a counterfeit and confiscated, give the seller a reasonable period (e.g. ten days) to fulfill his contract by delivering the promised (not counterfeit) branded product to you. If he does not react, proceed as if he had not delivered the goods at all.

If you are also billed by customs, the seller owes you a corresponding replacement, unless you knowingly purchased a counterfeit product.

 

7 Event Tickets 

Question: “Can tickets be sold on MUSTBUY?”

Answer: If a ticket is freely transferable to other people (e.g. concert tickets), sales are permitted, even if the sales price ends up being higher than the original price of the ticket.

However, tickets on which authorized persons are named and disclosure of which has been contractually prohibited may not be sold.

 

8 Deadline for Establishing Contact after a Purchase/Sale Contract 

Buyer and seller must meet each other within 7 days of a successful purchase/sale. Often the seller already sends the necessary account details for a transfer in the text for end emails, which counts as sufficient contact.

If the buyer or seller lacks information about the other party, which is necessary for the fulfillment of the contract, he is obliged to inquire at least twice by e-mail and once by telephone for 7 days from the conclusion of the contract. If these inquiries are unsuccessful within 7 days, the requesting party is entitled to withdraw from the contract.

 

9 Pickups

Question: “I have sold a product on MUSTBUY that was picked up by the buyer. Now he just doesn’t come by to pick up the goods”

Answer: The buyer is obliged to collect the goods within 14 days.

 

10 Delivery Time, Availability 

Question: “By when does an article have to be delivered if the offer defines ‘immediately available’?”

Answer: If advance payment has been agreed and the seller has noted “available immediately” as availability, the seller must deliver the goods within 14 days of receiving the advance payment.

Question: “I have sold or bought goods on MUSTBUY, but the other party does not. I also don’t have an address or account number where I can send the goods or transfer the money. ”

Answer: If one party does not provide information from the other party that is necessary for the fulfillment of the contract, it is obliged within 7 days of the conclusion of the contract to inquire about this at least twice by e-mail and once by telephone. If these inquiries are unsuccessful, the requesting party is entitled to withdraw from the contract after 7 days from the conclusion of the contract.

The seller can also submit a request for a refund of the closing fees.

Question: “I have paid the purchase price, but the seller does not deliver.”

Answer: The seller must deliver the goods within 14 days of receiving the advance payment. In the case of a longer availability period, the corresponding days will be added. Please always wait for these deadlines first. If the delivery does not take place on time, you can proceed as follows:

After 20 days, you have the option of sending a reminder to the defaulting seller in your “My MUSTBUY” user center.

If the delivery does not materialize, send him two written reminders, set him a realistic delivery time, and otherwise threaten to withdraw from the purchase contract.

If the seller still refuses to deliver the goods, you have the following options:

● You inform the seller in writing (by email is sufficient) that you are withdrawing from the contract and request the purchase price including delivery costs back.

● You can apply for buyer protection 30 to 60 days after the end of the offer.

● Issue a refund through Stripe –  check this link – https://support.stripe.com/top…

 

11 Problems with Shipping Costs 

Question: “The seller stated absurdly high shipping costs in his offer. Do I have to pay for this? ”

Answer: Yes. From a legal point of view, your purchase is binding because the shipping costs were clearly stated. In the future, please report such sellers to customer service (before purchasing) so that we can take action against them.

Question: “I bought several items from a seller. This now demands postage for each article. Isn’t he obliged to do a bulk mailing? ”

Answer: No. Unless otherwise stated in the offer, he can request individual postage for each item.

Question: “The buyer of my item lives abroad. Can I now ask for more postage than stated in the offer? ”

Answer: Yes. Unless otherwise stated, the postage details in the offer refer to shipping for Switzerland. You can ask buyers abroad for the shipping costs that are actually incurred. It is best to talk to the buyer about the choice of shipping method (A Mail, courier, etc.).

 

12 Customs and VAT when Importing 

Question: “I have purchased a product from abroad and have now received an invoice from Swiss customs. Do I have to pay for this? ”

Answer: In the case of a seller with a registered place of residence outside of Switzerland, as the importer of the goods, you have to pay customs duties and any VAT.

If you do not see from the offer that the goods are being delivered from abroad (especially if the seller lives or is based in Switzerland), the seller has to pay for customs and VAT.

 

13 Intellectual Property 

Question: “Can I use photos and text from other offers in my own offers?”

Answer: No. In principle, you may only use photos and text that you have created or written yourself.

Question: “Can I use photos and text from the website of the manufacturer of my product in my own offers?”

Answer: No. This constitutes copyright infringement and is prohibited unless you can provide official permission from a manufacturer.

There is a small exception for lists with product properties, as they are often published by manufacturers on their websites. You can copy such lists as long as they really only briefly show the properties of a product.

Question: “Can I use a brand logo from the website of the manufacturer of my product for an offer?”

Answer: No, but you can take a photo of the brand logo on your product and include this photo in your listing. You are also allowed to indicate the brand in a normal, neutral font in the text.

Question: “A seller on MUSTBUY infringes my trademark, copyright, design, or patent rights. What can I do? ”

Answer: Send us an email to [email protected]

 

14 Right of Withdrawal 

Question: “Do I have a right of withdrawal for purchases that I have made via MUSTBUY?”

Answer: No, in Switzerland, unlike in the EU, there is no right of withdrawal for consumers, and we do not require sellers to grant such a right. In principle, you only have a right of withdrawal if the goods were (objectively) defective and the seller refuses to remedy the defects or to provide a replacement within a reasonable period of time.

The seller can, however, grant you a right of withdrawal, for example in his product description.

 

15 Minor 

Question: “A young person under the age of 18 bought something from me. Do I have to deliver the goods to him? ”

Answer: In principle, minors are not allowed to become members of MUSTBUY. They do so under bypassing our rules anyway, this will have on your obligation as a seller but does not affect. Only the minor himself has the opportunity to withdraw from the contract. If you have delivered the goods to him, he must of course also pay for them or at least withdraw from the contract and send the goods back to you. In such a case, we will also reimburse you for the fees.

Question: “My underage child bought goods on MUSTBUY. Does it have to pay MUSTBUY the fees? ”

Answer: Yes, at least as long as the fees are within the framework of the child’s pocket money and the child can see the consequences of his or her actions.

Question: “My underage child accidentally bought an item with my mobile phone. Do I have to pay for this? ”

Answer: Yes. In principle, you are responsible for your login and your user account and you are obliged not to disclose your user data and log in to any third party. In such a case, try to find an amicable solution with the seller.

 

16 Taxes 

Question: “Do I have to pay tax on the income I earn on MUSTBUY?”

Answer: If you do business regularly and on a large scale through MUSTBUY, you have to declare the profit as income and pay tax on it. Income tax requirements can vary from canton to canton. Please contact your tax advisor or the tax authorities of your canton or municipality to find out more.

As a Swiss seller, you are also subject to VAT if your sales of goods exceed CHF 100,000 per year.

 

17 Data Protection 

Question: “I would like to close my account with MUSTBUY and would like MUSTBUY to delete all my data. How do I have to proceed? ”

Answer: We will gladly comply with your account cancellation request. No open transactions or invoices are required.

Based on the data protection act, you can request the deletion of the data saved by MUSTBUY after the termination. According to the Swiss Code of Obligations, we are obliged to keep some of your data for a certain period of time, regardless of such a request, in order to be able to provide evidence in the event of a dispute. This data includes, among other things, your name, your address, your ratings, and your successful offers.

To the data protection declaration of mustbuy.ch

Question: “Do I have to expect that MUSTBUY will disclose my data to the police and other investigative authorities?”

Answer: MUSTBUY is required by law to provide the investigating authorities with the data required for their investigations in specific suspected cases.


 

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