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Thegonnec, Judge
Category: European Law
Satisfied Customers: 1412
Experience:  Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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European Law Question,I bought an article from a business

Customer Question

European Law Question,

I bought an article from a business in Switzerland already 3 months ago which said it took a delivery time of 6 weeks I cancelled the order after the time elapsed and they said they would give a refund, they said the refund was done but I didn't receive anything I called again and they reconfirmed the payment been done, more than a week after that still nothing has arrived and I suspect no payment was done, that money is a money I was counting on to make certain payments and they are taking it very lightly how can I put pressure on them and could I proceed legally already or what would be the custom in this situation? can I claim damages for retaining my money? thanks!!!
Submitted: 4 years ago.
Category: European Law
Expert:  Wendy-Mod replied 4 years ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

Hi Wendy,

Yes I will wait, thanks for your help!

Expert:  Wendy-Mod replied 4 years ago.
Thank you for your patience. We will continue the search for a professional for you.

Expert:  Thegonnec replied 4 years ago.
They have to send you proof that the payment was indeed made into your account, and investigate why you have not received it in a timely manner.
If they don't, you will have to consider suing them in a Swiss court. As Switzerland is not part of the EU, you cannot address yourself to the European Consumer Centres network which assist with cross-border consumer problems within the European Union. redress/ecc_network/ecc_network_centers.pdf
Customer: replied 4 years ago.

Hi and thank you for your answer! I have already talked to them no confirmation of payment by a proper institution sent to me, only their statement in an email that the payment had been done, but they don't seem to be in a rush to pay me back the situation here is that that money is something that I was relying on to make some payments, they are already causing damages for their informality and lack of response can sue under those circumstances?

Expert:  Thegonnec replied 4 years ago.
Yes, you can sue, but you need be aware that legal costs in Switzerland may be higher than the damages you may claim. You will be asked to prove that any penny you claim is justified. So it really depends on the amounts at stake.
Customer: replied 4 years ago.

Hi and thanks for your answer again! well yes in this case is not huge amounts of money that are owed to me, but if this situation goes to court wouldn't they have to cover my lawyer fees if I win? and sorry but what do you mean that I would be asked to prove that any penny I claim is justified? thanks again!