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Switzerland — Code of Obligations right of revocation (and the online gap)

NationalCHDerived or secondary source

Switzerland

Rule id
subscription.ch-or40a
Version
1.0.0
In force from
January 1, 2016
Last read against its sources
August 5, 2026
Countries bound
Switzerland

In plain language

What this regime says.

Switzerland gives a fourteen-day revocation right for doorstep and telephone-initiated contracts but none at all for online purchases — a genuine gap. Where the subscription is a mandate, article 404 allows revocation at any time.

Who is covered

Consumers in Switzerland.

What you get

Revocation for doorstep and cold-call contracts; otherwise the trader's own terms and, where applicable, art. 404.

Where claims go wrong

  • Assuming an online purchase carries a cooling-off right. It does not.
  • Overlooking a voluntary return policy in the terms, which is contractually binding on the trader.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Swiss Code of Obligations, arts. 40a–40fFederal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations), SR 220arts. 40a–40f — the right of revocation for doorstep and comparable contracts, and the fourteen-day period in art. 40e
  2. Federal Act against Unfair Competition (UCA), SR 241, art. 3Federal Act against Unfair Competition (Switzerland)art. 3(1)(s) — obligations of traders selling through electronic commerce, including clear identification and confirmation of the order

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Switzerland: withdrawal window (14 days)Articles 40a to 40f of the Code of Obligations give a fourteen-day right of revocation for doorstep and comparable contracts. The period runs from when the consumer requested or accepted the offer and knew or should have known of the right; where the trader failed to inform the consumer of the right, the period does not begin. It reaches: doorstep contracts and contracts of comparable kind — at the workplace, in the street, in public transport, at a promotional excursion — and contracts concluded by telephone where the trader called. It expressly does NOT reach a contract the consumer concluded on a website. Switzerland has NO statutory cooling-off right for online purchases. Many Swiss retailers grant one voluntarily in their terms, which then binds them contractually — so read the terms, because the contractual right may be the only one you have.Swiss Code of Obligations, art. 40eFiling window
  • General civil limitation period (varies — check locally)Limitation periods for consumer contract claims in the countries in this file range from about one year to ten and are not something we state per country. Two years is shown as a prompt to check, not as the law. A continuing course of charges usually restarts the clock, so a subscription still billing is rarely out of time.Limitation period

What it entitles you to, beyond money

  • Cancellation, effective from the date of your noticeSend a dated written cancellation naming the account, the subscription and the date you want it to end, and keep the proof. Say in terms that any further charge is unauthorised — that sentence is what turns the next debit into a payment dispute you can win without arguing about the subscription at all.arts. 40a–40f — the right of revocation for doorstep and comparable contracts, and the fourteen-day period in art. 40e
  • Revocation of the payment authority with your bankDo not rely on the merchant to stop billing. Tell the card issuer or bank to cancel the recurring authority and to block further authorisations from that merchant descriptor. This works even where the merchant is unresponsive and even where it is abroad.

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"You agreed to the terms, which set out the renewal"

high likelihood

The trader points at a terms page or a single acceptance checkbox at signup.

What answers it

Acceptance of general terms is not the same as informed consent to an automatic renewal, and in most of these jurisdictions the renewal term has to be presented clearly and close to the point of consent rather than behind a link. Ask the trader to produce the actual screen you were shown, with the date. If it produces today's checkout flow rather than the one in force when you signed up, say so.

Swiss Code of Obligations, arts. 40a–40f — arts. 40a–40f — the right of revocation for doorstep and comparable contracts, and the fourteen-day period in art. 40e

"Cancellation has to be done by telephone"

high likelihood

The trader accepts online signups and insists on a phone call, a physical letter or an in-person visit to cancel.

What answers it

This jurisdiction regulates the exit as well as the entry. A trader that lets you subscribe in one click and requires a phone call to leave is not complying, and the mismatch between the two journeys is the whole of the complaint. Describe both journeys, in order, in your letter and in the regulator complaint.

Swiss Code of Obligations, arts. 40a–40f — arts. 40a–40f — the right of revocation for doorstep and comparable contracts, and the fourteen-day period in art. 40e

"You have to give a notice period, so the next charge stands"

medium likelihood

The trader accepts the cancellation but insists on a further billing cycle under a notice clause buried in the terms.

What answers it

Ask for the clause, by number, and ask when and how it was brought to your attention. A notice period that was not clearly disclosed before you contracted is vulnerable as an unfair term in most of these jurisdictions, and a notice period longer than the billing cycle itself is vulnerable almost everywhere. Pay nothing pending the answer and revoke the payment authority.

"We are established abroad, so your consumer law does not apply"

medium likelihood

The trader is incorporated elsewhere and says the contract is governed by the law of its own seat.

What answers it

A choice-of-law clause in a consumer contract does not usually deprive a consumer of the protection of the mandatory rules of the country they live in, and a trader that directs its activities at consumers in a country generally answers to that country's consumer regulator. Say where you live, say that you contracted from there, and copy the regulator named in this result. Meanwhile the payment route works regardless of governing law.

Where to take it next

  1. Written cancellation and refund demand to the traderOne document: cancel, demand refund of anything taken after your first cancellation attempt, cite the instrument named in this result, and give a short deadline. Ask for written confirmation of the cancellation date — that document is what every later step needs.Claim directtypically 14 days
  2. Card dispute for the post-cancellation chargesRun this in parallel rather than afterwards. Scheme dispute windows are commonly 120 days from the charge, which is shorter than any consumer-protection route, and a reversal obtained here does not prejudice the rest of the claim.Claim directtypically 45 days
  3. The Federal Consumer Affairs Bureau and the cantonal consumer advice centresSwitzerland has no consumer regulator that adjudicates individual claims. The consumer organisations (Konsumentenschutz, FRC, ACSI) advise and intervene, and the Schlichtungsbehörde (conciliation authority) is a compulsory step before most civil claims and is inexpensive. It builds cases from patterns rather than resolving individual complaints, so file it — subscription traps are exactly the kind of pattern regulators act on — but pursue the money by the other routes.Regulatorofficial page

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

EU Consumer Rights Directive — withdrawal, order-button and inertia-selling rulesEUSupranational30 countriesDirective 2011/83/EU (Consumer Rights Directive)Confidence: highNorway — Angrerettloven right of withdrawalNONationalNorwayLov om opplysningsplikt og angrerett (angrerettloven), LOV-2014-06-20-27Confidence: highRussia — Consumer Rights Protection Law arts. 26.1 and 32RUNationalRussiaЗакон РФ от 07.02.1992 № 2300-1 «О защите прав потребителей», ст. 32Confidence: mediumTürkiye — Law 6502 distance contracts and the Subscription Contracts RegulationTRNationalTürkiyeTüketicinin Korunması Hakkında Kanun No. 6502, arts. 48 and 52Confidence: mediumUK Consumer Contracts Regulations 2013 (and the not-yet-commenced DMCCA subscription regime)GBNationalUnited KingdomConsumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134)Confidence: highCalifornia Automatic Renewal Law (Bus. & Prof. Code §§ 17600-17606, as amended by AB 2863)US-CASub-nationalUnited StatesCalifornia Business and Professions Code §§ 17600-17606Confidence: highCanada — provincial consumer protection acts and the federal Competition ActCANationalCanadaLoi sur la protection du consommateur, RLRQ c. P-40.1 (Quebec)Confidence: mediumUnited States — state automatic-renewal statutes (excluding California)USSTATESSub-nationalUnited StatesState automatic-renewal statutes (multi-state)Confidence: medium

Other rights in the same countries

EU air carrier liability for baggage (Regulation (EC) No 2027/97)EUSupranational31 countriesRegulation (EC) No 2027/97, Art. 1 (as amended by Regulation (EC) No 889/2002)Confidence: highEU Regulation 261/2004 (air passenger rights)EUSupranational31 countriesRegulation (EC) No 261/2004Confidence: highEuropean Union — air fare all-inclusive pricing, Regulation (EC) No 1008/2008 art. 23EUAIRSupranational31 countriesRegulation (EC) No 1008/2008, art. 23(1)Confidence: highSwitzerland — dormant assets at Swiss banks (Banking Act art. 37m; Banking Ordinance arts. 45–59)CHNationalSwitzerlandBundesgesetz über die Banken und Sparkassen (Banking Act), art. 37mConfidence: mediumSwitzerland — Financial Services Act ombudsman affiliation and the Swiss Banking OmbudsmanCHNationalSwitzerlandFinancial Services Act (FinSA / FIDLEG), SR 950.1Confidence: mediumSwitzerland — Mietzinskaution (CO art. 257e)CHNationalSwitzerlandCO art. 257eConfidence: highSwitzerland — SBB CFF FFS passenger rights and the fare network’s compensation arrangementsCHNationalSwitzerlandSwiss passenger transport legislation; Regulation (EU) 2021/782 does not apply directlyConfidence: lowSwitzerland — Swiss PostCHNationalSwitzerlandPostgesetz (Postal Services Act, SR 783.0) and the Postal Services OrdinanceConfidence: low

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.