Sales and warranty law
We advise on purchase contracts and warranty claims under Swiss law. For defective goods, missing warranted characteristics or non-delivery, we examine contractual provisions and your options for enforcing legitimate claims.
Purchase contract and warranted characteristics
Purchase contracts are governed by Art. 184 et seq. OR. The seller generally undertakes delivery and transfer of ownership, and the buyer payment of the price. Agreed characteristics, product descriptions, delivery terms and validly incorporated general terms are decisive.
Defects concern particularly missing warranted characteristics or substantial reduction in value or fitness for the intended use. Subjective disappointment is not always sufficient. For used items, condition and expressly agreed restrictions are particularly important.
Defect notification, statutory warranty and guarantees
Purchased goods must be inspected under the applicable rules, and discovered defects notified in time. Special rules apply to hidden defects and certain construction or real-estate matters. Failure to notify may jeopardise claims. Document the defect, discovery and notification to the seller.
Depending on the legal position, unwinding the purchase, price reduction, replacement delivery or further claims may be available. A general statutory priority for repair must not simply be assumed in Swiss sales law. Contractual provisions may affect the procedure and available rights.
A guarantee must be distinguished from statutory warranty. It may promise additional services but also carry its own conditions. Statutory limits apply to contractual exclusions or reductions; the law does not recognise every exclusion of liability.
Online purchases, limitation and special sales
Switzerland provides no general statutory withdrawal right for ordinary online purchases merely because they were made online. Return or exchange rights may be granted voluntarily or contractually. Special statutory withdrawal rights, such as for certain doorstep transactions, must be distinguished.
Warranty claims are subject to limitation rules. For movable goods, a two-year period from delivery generally applies; different rules may apply depending on the item, contractual arrangements and statutory exceptions. Notification deadlines and limitation periods are not the same.
Separate review is required for real-estate purchases, construction defects and cross-border contracts. The special construction-defect rules applicable since 2026 must not be extended indiscriminately to every purchase of goods. Distinguishing a purchase from a contract for work may also be decisive.
Frequently asked questions
Do I have a 14-day return right for a Swiss online purchase?
Swiss law provides no general statutory 14-day withdrawal right for ordinary online purchases. However, a return right may be promised in the terms. For foreign connections or special sales methods, the applicable law and special provisions must be examined.
What should I do about a defective delivery?
Keep the receipt and packaging, photograph the defect and promptly report it to the seller in a verifiable way. Describe the fault and when it was discovered. Review statutory and contractual notification requirements before repairing or disposing of the item.
Is a guarantee the same as statutory warranty?
No. Warranty arises from applicable law and the contract. A guarantee rests on an additional promise, for example from a manufacturer. Its scope, responsible entity and procedure depend on the guarantee terms.
Can I always demand repair first?
Not simply under a general rule of Swiss sales law. Statutory warranty rights and contractual terms must be considered together. Repair or rectification may be agreed; other remedies may be available under their respective conditions.
Can warranty be excluded completely?
This depends on the specific contract and mandatory limits. The OR allows certain amendments but sets limits, for example for fraudulent concealment. Certain consumer purchases also restrict shortening of limitation periods. Wording such as 'without guarantee' should therefore not be assessed in isolation.
What if paid goods are not delivered?
Whether default exists and a reminder or additional deadline is needed depends particularly on the agreed delivery date and circumstances. Performance, withdrawal or compensation may be available under the statutory conditions. Preserve the order confirmation, payment record and correspondence.
Documents for your consultation
- Purchase contract, order confirmation and general terms
- Product description, assurances and guarantee terms
- Receipt, delivery date, photographs and written defect notification
Legal sources
Complex questions from practice
How can I prove that a defect discovered later already existed upon delivery?
For defect claims, it often matters when the cause existed and who must prove it. The burden of proof follows the claim and applicable law. Foreign consumer protection rules cannot simply be transferred to a Swiss purchase.
Document delivery, use and development of the fault as completely as possible. Photographs, technical reports and repair records may help assessment. A manufacturer's guarantee must also be reviewed because it may contain its own services, exclusions and evidence requirements.
Does a repair extend the limitation period for my warranty or guarantee claims?
A repair does not automatically restart all deadlines. Possible acknowledgement of the claim, the agreed guarantee and the repair order's content are among decisive factors. Statutory warranty rights and voluntary guarantee services must be considered separately.
Have it recorded in writing which defect is being addressed and which claims the counterparty acknowledges. Keep the order, correspondence and return date. If a deadline approaches, examine how to secure claims in time independently of the ongoing repair.
What rights do I have when hidden construction defects emerge after a real-estate purchase and handover?
When buying real estate, the public deed, warranted characteristics and any warranty exclusions must be reviewed together. Special statutory construction-defect rules and their temporal applicability may also matter. Defect notification and limitation concern different questions and must not be confused.
Document discovery and, where possible, have the condition independently recorded before repairs remove evidence. Purchase documents, plans and expert reports help establish which rights exist and against whom they must be asserted.
Can I enforce Swiss consumer protection against a foreign online shop?
Whether Swiss protective rules apply depends on factors including residence, contract type and whether the offer targets Switzerland. A choice-of-law clause does not automatically answer every question. Applicable law, jurisdiction and subsequent enforcement must be reviewed separately.
Preserve the terms valid at purchase, order confirmation and information on delivery to Switzerland. Besides the legal basis, consider costs and practical enforceability abroad before starting proceedings.