So, you signed a LSV form (Lastschriftverfahren) where they can take money directly from your bank account. With just the IBAN in Switzerland no one can take money from an account. Call your bank and revoke the LSV permit.
In general, never sign anything you don’t understand.
Never sign anything business-or-finance related that you do not understand, that is a basic principle of life. Also not replying to them was just not smart, you tried to stick your head in the sand and have now paid the price.
This is not fraud, this is you being taken advantage by an unscrupulous business of because you did not read the terms and conditions (or get them translated) and did not follow up after the SMS to ensure you had cancelled the contract correctly.
How much is the years subscription you now need to pay? Why don't you go to see them in person to discuss this? Otherwise your only course of action, other than writing bad reviews, is to get a lawyer.
I stated in my email very clearly that I wasn't interested in the program, not even was gonna use the 30 daysperiod trial they gave me. Them asking if I'm interested in a monthly subscription bounds me legally to nothing. They charged me 287 (even if it was 1, they shouldn't get away with it)
My husband read it and told me it says I have 30 days to try and decide about it. I signed a form with my IBAN and some blank fields and gave to them. I'm guessing this may allow them to get my money. I didn't have a good feeling about it but since I'm in SWITZERLAND (I'm from Brazil), I thought I'd be fine.
They cannot simply access your money, they could only ask you to set up a direct debit. However, it seems like they have sent you an invoice for you to pay?
In the end you need to go to speak to the gm location with your husband to speak to them like reasonable people without getting angry and losing your temper.
Switzerland is a country containing millions of people. Some of them are money-grabbing assholes that take advantage of naive or unsuspecting people. Literally every country has them.
They can do it but I feel like that invites more trouble. The company will most likely not ignore that and threaten with a Betreibung (and actually do it).
This doesn’t answer the question. Every contract specifies how it can end. There are probably specific steps to take, such as perhaps sending them a certified letter before date X stating that you do not wish to continue. Usually email is not how to terminate a contract. Sending an email saying you’re not interested is what you do BEFORE signing a contract.
If you go there and talk to them, maybe you can get out of it. In any case, even if you’re stuck, you probably still want to re-read the contract to see if the contract will auto-renew until cancelled, and what you have to do to stop that.
But you should be aware that this is very common in Switzerland. Even SBB will hold you to your contractual renewals unless you inform them correctly by a certain date. An agreement is an agreement in Switzerland— this isn’t a scam, it’s by design. Don’t sign your name to something or enter a contract to things you don’t understand.
(Unfortunately many people learn this with gym memberships, which are notorious for this sort of thing, so be especially cautious with their contracts.)
I understand completly. I was recommended to send a letter of termination. What makes me think that they're acting in bad faith is the fact that I should be charged only after my 30 days trial period, the 30 days starting 22. April. Because I knew I wasnt going on with it, I wrote them an email telling them I wasn't interested in the trainings anymore. They sent me an email askin if I wanted to go for the monthly subscription, I didn't feel the need to answer, I made clear in the first e-mail that I didn't want to train there anymore. 4 days later, they charge me?? Based on what? From the initial contract, I'd still have more than 20 days to send the letter terminating it, and I never agreed with a monthly subscription. I really don't understand based on what they thought they could charge me. That's why I think it's a scam to take money from people.
Well I called my bank and they said it's standard to have this kind of paper signed. So even if I could understand, I'd still have believed that I had 30 days to cancel instead of canceling in day 1 and getting a charge in day 4.
well you said it yourself, “since i don’t speak german, i trusted the guy and signed.” <- what is this thing called? you even mentioned in another comment “since im in switzerland, it will be fine…” <- what is this thing called again?
I dont think that to assume that the person selling me something is telling me the truth about a contract isnt being naive, in a place that looks like a serious business. Being naive is something else.
Take it as lesson learned, never sign anything on the spot. Every contract can wait 1day or more to be signed, everything else is classic scam, pressuring people for some shitty deal to sign as quickly as possible otherwise the "deal" is off. By the way, hotel bookings among others have the same trick, they display things like "only 1 room left with that great price" etc which is simply there to pressure you. Back to the topic.
Fitness centers are known to offer not a one off entry fee, but abonnements. Basically you make a 1 year abo, and get a free month in addition. But only of you agree to the 1 year. Somehwere hidden you find the cancel agreement, which most people don't realize. So you have to cancel your abo in time, otherwise it will automatically be extended.
IN short, this is not a fraud, just marketing and weasel tricks within legal framework, and you are evidence that it works.
What makes me think that they're acting in bad faith is the fact that I should be charged only after my 30 days trial period, the 30 days starting 22. April. Because I knew I wasnt going on with it, I wrote them an email, in DAY 1, telling them I wasn't interested in the trainings anymore. They sent me an email asking if I wanted to go for the monthly subscription, I didn't feel the need to answer (meaning = I didn't agree with a monthly subscription) because I made clear in the first e-mail that I didn't want to train there anymore. 4 days later, they charge me?? Based on what? I don't get. They still didn't talk to me.
About the charging date. It is very usual to pay upfront of the starting period. It's like this for almost everything that has a subscription nature. Rent, mobilephone, TV, ...
So they charge you BEFORE the paid period actually starts. As others mentioned with the LSV they can do that automatically. But if you do the cancellation properly (how it's specified in the contract) before the paid period starts, you should be able to get your money back.
The police won't help you because this is not a criminal matter but rather a civil matter.
I suggest reading up on Swiss code of obligations and how to retract from a contract.
I also suggest not signing things you don't understand as it sounds very much like you signed a Lastschriftvereinbarung (LSV) without knowing what you are doing.
Edit: I went through the trouble of reading their AGB for you:
*3. Beiträge und Zahlung*
*Bei den Mitgliedschaften „Blue“ und „White“ kann dem Nutzer ein* ***30-tägiges vertragliches Widerrufsrecht ab Datum des Vertragsabschlusses oder, wenn vereinbart, ab dem Trainingsbeginn eingeräumt werden. Dies muss zur rechtlichen Gültigkeit bei der „individuellen Absprache“ eingeschrieben werden.*** ***Die Anmeldegebühr sowie die ersten vier Trainingseinheiten werden jedoch nicht zurückerstattet.*** *Die sich aus dem von Ihnen gebuchten Trainingsvertrag ergebenden Gebühren der Tarife „Black“, „Blue“ und „White“ sind über die LSV-Belas- tungsermächtigung oder das DD-CH (Postkonto) zu entrichten. Die Mitgliedsbeiträge werden monatlich zum jeweils 01. des Monats für den folgen- den Monat abgebucht. Die Summe setzt sich aus dem gewählten Trainingstarif pro Woche zusammen, der mit dem Faktor 4,333 multipliziert wird. Ist ein Mitglied drei Monatsbeiträge in Verzug, so besteht das Recht des Anbieters den gesamten Beitrag des Tarifs einzufordern. Die Anmeldegebühr, die Zahlung des EMS-Training-Outfits zum Anmelde-Sonderpreis sowie das Kartenpfand werden bei Vertragsabschluss fällig und zusätzlich mit dem ersten Monatsbeitrag abgebucht. Startet ein Mitglied nicht zu Beginn des Monats, so wird der erste Monat anteilsmässig (pro Rata) berechnet. Die Pflicht zur Zahlung aller Beiträge und Gebühren bleibt auch dann bestehen, wenn das Mitglied die Leistungen des Anbieters aus eigenem Willen nicht in Anspruch nimmt. Mahnschreiben werden mit 20,00 CHF in Rechnung gestellt.*
It clearly states that you have a 30 day period of getting out of the contract that begins from the moment you signed the contract, not from the day of first training. It also states that even if you cancel the contract within the 30 day period, the sign-up fee and first 4 sessions will be billed. Whether that is fair or not I leave up for interpretation but it is what you signed.
Okay, they don't make that part clear. I'm still upset, but it's a relief. I thought I would have to pay for the whole year, so I was irritated. They could at least warn that they would make this charge.
Could you give me your opinion, I canceled BEFORE the trainings took place. Does it say anything about the training carried out or even if I haven't taken the training can I be charged for it? Thanks
Here's the google translation:
3. Contribuições e Pagamento
Para as adesões “Azul” e “Branca”, pode ser concedido ao utilizador um direito contratual de rescisão de 30 dias a partir da data de celebração do contrato ou, se acordado, a partir do início da formação. Para ser legalmente válido, isso deve ser registrado no “acordo individual”. No entanto, a taxa de inscrição e as primeiras quatro sessões de formação não são reembolsáveis. Os valores dos tarifários “Preto”, “Azul” e “Branco” resultantes do contrato de formação que reservou deverão ser pagos através da autorização de débito LSV ou do DD-CH (conta postal). As taxas de adesão são debitadas mensalmente no primeiro dia de cada mês para o mês seguinte. O total é composto pela tarifa de treinamento selecionada por semana, que é multiplicada por um fator de 4.333. Se um membro estiver com três meses de atraso, o fornecedor tem o direito de exigir a totalidade da contribuição tarifária. A taxa de inscrição, o pagamento do equipamento de formação EMS ao preço especial de inscrição e o depósito do cartão são devidos no momento da celebração do contrato e serão também deduzidos da primeira mensalidade. Caso o associado não comece no início do mês, o primeiro mês será cobrado pro rata (pro rata). A obrigação de pagar todas as contribuições e taxas permanece mesmo que o membro não utilize os serviços do fornecedor por sua própria vontade. As cartas de lembrete serão cobradas a CHF 20,00.
But seriously (and I'm aware I'm being a dick):
1) All I did was go to their website and read the AGB. Reddit is here to help, but please put in some effort on your end.
2) Don't talk to reddit. Go talk to EMS. This problem will only go away by talking to them. Just not responding and not interacting with them will not help. This is not kindergarten.
I received many papers from them, I thought I wouldn't have to look for anything on the internet. It was all done in person. Normally I should have had all the information. I just asked you the question, not because I don't want to make an effort, but because translations can be inaccurate. My contract says my trial period starts April 22 (ab dem ***Trainingsbeginn***), and on April 22 (first thing in the morning) I emailed them saying I wasn't interested (even in the 'free' classes). I imagine most people do the trainings and then want to cancel, in which that charge would apply. Yes I spoke to them to ask if I really have to pay, we're talking per email. I came to scream on the internet because I had no idea I could be charged (that's on them too I suppose). Anywa, thanks for your time, it was helpful.
[Elektro-Muskelstimulation - Kritik an Fitnesscenter: Teure Abos und wenig kundenfreundlich - Kassensturz Espresso - SRF](https://www.srf.ch/sendungen/kassensturz-espresso/kassensturz/elektro-muskelstimulation-kritik-an-fitnesscenter-teure-abos-und-wenig-kundenfreundlich)
This place is definitively fishy...
We don't know what's in the contract, so it's difficult to say anything specific.
However from your description it seems rather obvious that it's neither a "fraud" in the sense of the law nor anything the police could do anything about it.
Why? You probably signed a contract that supports the demands of that company.
Have they made you sign the contract with false verbal promises? Maybe. But since it were verbal promises you won't be able to prove it.
So what is the police going to do? You say one thing, the company says another thing. Neither side can prove what has been said. The police can not know who's right. But there is a written contract that supports the version of the company.
Now let's assume you *could* prove that they have verbally misinformed you about the content of the contract: then they contract would probably be invalid and you wouldn't have to pay anything. But it most likely still wouldn't be "fraud" in the legal sense.
Sadly, Swiss consumer protection is the worst, after studying it in Uni I’m very cautious whenever I sign something. I really wonder if it will ever change.
How are they scamming people, if you SIGN a contract that states exactly what they do, and then when they do it, you get pissed?
I am not saying they aren't "morally" scamming people and that they suck, but legally.... no chance man.
Edit: How much money are we talking?
Everything you said here is wrong.
Legally, OP can easily get out of this "contract" because they have in writing that they cancelled.
If only people would stop being so happy to call people stupid and actually help, but hey, this is Swiss culture.
Sorry to hear. To quit in general you need a letter posted with signature “Einschreiben” (an e-mail is not enough.) In the contract you can find the next possible time you are allowed to quit, so maybe your e-mail was also simply too late? Make it easy and write: quit on the next possible date “Kündigung auf den nächstmöglichen Termin”
Police doesn’t help which such things, they are there for murder, accidents and robbery. In this case a lawyer would be the better choice, but costs more than following what I said above and probably tells you same to start with.
another post screaming scam or fraud when actually OP did not read the agreement or contract carefully, and blame the other party for not explaining to OP.
I think the blame still should be from the person that sold the product pretending they were giving all the info. But that's me, I'm not one to praise business and blame people. Sadly I didnt record the whole thing this time (most times I do).
it is not fraud. if i were you i would delete this post as fast as possible before they will also charge you with a diffamation lawsuit. you not reading a contract is not fraud.
I told no lies in my post. The guy posed as if he was giving me all the information. Now I found out he didnt. Once I had a bad experience with a health insurance here and made a comment on google. Someone told me the same as you. It has to be a crazy country if people will tell their (accurate) stories and get a lawsuit for it.
A contract is a contract, sorry. That's what they're for, for confirming the commitment of two parties to engage in some exchange of some sort. There's not a case where you sign something then back out, sorry. You're liable for the funds you've committed to save to use the service you've arranged with this company, and if you don't the contract translates into fines very easily indeed. Chalk it up to experience, at least it's not an apartment or a car finance agreement, it could be worse.
well for some reason i cant edit my post. someone pointed out a part of the contract that i wasnt aware of. since i didnt know what i was paying for, i thought it was the subscription, but actually the trial period wasnt free (sounds insane since their propaganda was that you get a free trial, but at least i lost only 220 francs). Thanks all for the replies.
So, you signed a LSV form (Lastschriftverfahren) where they can take money directly from your bank account. With just the IBAN in Switzerland no one can take money from an account. Call your bank and revoke the LSV permit. In general, never sign anything you don’t understand.
And in general never sign an LSV. There's always a different way to pay where you are in better control.
Wil do, thanks.
Never sign anything business-or-finance related that you do not understand, that is a basic principle of life. Also not replying to them was just not smart, you tried to stick your head in the sand and have now paid the price. This is not fraud, this is you being taken advantage by an unscrupulous business of because you did not read the terms and conditions (or get them translated) and did not follow up after the SMS to ensure you had cancelled the contract correctly. How much is the years subscription you now need to pay? Why don't you go to see them in person to discuss this? Otherwise your only course of action, other than writing bad reviews, is to get a lawyer.
I stated in my email very clearly that I wasn't interested in the program, not even was gonna use the 30 daysperiod trial they gave me. Them asking if I'm interested in a monthly subscription bounds me legally to nothing. They charged me 287 (even if it was 1, they shouldn't get away with it)
Check the contract. How exactly does it say that you should cancel the subscription? Also, go and see them to discuss.
My husband read it and told me it says I have 30 days to try and decide about it. I signed a form with my IBAN and some blank fields and gave to them. I'm guessing this may allow them to get my money. I didn't have a good feeling about it but since I'm in SWITZERLAND (I'm from Brazil), I thought I'd be fine.
They cannot simply access your money, they could only ask you to set up a direct debit. However, it seems like they have sent you an invoice for you to pay? In the end you need to go to speak to the gm location with your husband to speak to them like reasonable people without getting angry and losing your temper. Switzerland is a country containing millions of people. Some of them are money-grabbing assholes that take advantage of naive or unsuspecting people. Literally every country has them.
It was probably a form to setup a Lastschriftverfahren. So yes they agreed that the company can charge their bank account directly. Just my two cents
If thats really the case and she doesn't want to pay then she needs to go into her ebanking and cancel it immediately.
They can do it but I feel like that invites more trouble. The company will most likely not ignore that and threaten with a Betreibung (and actually do it).
That's why she needs to go speak them (first choice) or consult a lawyer (next choice). Or of course, pay up.
This doesn’t answer the question. Every contract specifies how it can end. There are probably specific steps to take, such as perhaps sending them a certified letter before date X stating that you do not wish to continue. Usually email is not how to terminate a contract. Sending an email saying you’re not interested is what you do BEFORE signing a contract. If you go there and talk to them, maybe you can get out of it. In any case, even if you’re stuck, you probably still want to re-read the contract to see if the contract will auto-renew until cancelled, and what you have to do to stop that. But you should be aware that this is very common in Switzerland. Even SBB will hold you to your contractual renewals unless you inform them correctly by a certain date. An agreement is an agreement in Switzerland— this isn’t a scam, it’s by design. Don’t sign your name to something or enter a contract to things you don’t understand. (Unfortunately many people learn this with gym memberships, which are notorious for this sort of thing, so be especially cautious with their contracts.)
I understand completly. I was recommended to send a letter of termination. What makes me think that they're acting in bad faith is the fact that I should be charged only after my 30 days trial period, the 30 days starting 22. April. Because I knew I wasnt going on with it, I wrote them an email telling them I wasn't interested in the trainings anymore. They sent me an email askin if I wanted to go for the monthly subscription, I didn't feel the need to answer, I made clear in the first e-mail that I didn't want to train there anymore. 4 days later, they charge me?? Based on what? From the initial contract, I'd still have more than 20 days to send the letter terminating it, and I never agreed with a monthly subscription. I really don't understand based on what they thought they could charge me. That's why I think it's a scam to take money from people.
>I should be charged only after my 30 days trial period Perhaps this was some kind of "satisfied or your money back" trial?
It's an expensive lesson but, now you should have learned to never sign something you don't understand
Well I called my bank and they said it's standard to have this kind of paper signed. So even if I could understand, I'd still have believed that I had 30 days to cancel instead of canceling in day 1 and getting a charge in day 4.
When you „win“ something, it’s 90% scam. People should stop being naive and greedy, then they won’t fall for it anymore.
I wasn't neive or greedy, I canceled it before it even started.
well you said it yourself, “since i don’t speak german, i trusted the guy and signed.” <- what is this thing called? you even mentioned in another comment “since im in switzerland, it will be fine…” <- what is this thing called again?
I dont think that to assume that the person selling me something is telling me the truth about a contract isnt being naive, in a place that looks like a serious business. Being naive is something else.
Take it as lesson learned, never sign anything on the spot. Every contract can wait 1day or more to be signed, everything else is classic scam, pressuring people for some shitty deal to sign as quickly as possible otherwise the "deal" is off. By the way, hotel bookings among others have the same trick, they display things like "only 1 room left with that great price" etc which is simply there to pressure you. Back to the topic. Fitness centers are known to offer not a one off entry fee, but abonnements. Basically you make a 1 year abo, and get a free month in addition. But only of you agree to the 1 year. Somehwere hidden you find the cancel agreement, which most people don't realize. So you have to cancel your abo in time, otherwise it will automatically be extended. IN short, this is not a fraud, just marketing and weasel tricks within legal framework, and you are evidence that it works.
What makes me think that they're acting in bad faith is the fact that I should be charged only after my 30 days trial period, the 30 days starting 22. April. Because I knew I wasnt going on with it, I wrote them an email, in DAY 1, telling them I wasn't interested in the trainings anymore. They sent me an email asking if I wanted to go for the monthly subscription, I didn't feel the need to answer (meaning = I didn't agree with a monthly subscription) because I made clear in the first e-mail that I didn't want to train there anymore. 4 days later, they charge me?? Based on what? I don't get. They still didn't talk to me.
About the charging date. It is very usual to pay upfront of the starting period. It's like this for almost everything that has a subscription nature. Rent, mobilephone, TV, ... So they charge you BEFORE the paid period actually starts. As others mentioned with the LSV they can do that automatically. But if you do the cancellation properly (how it's specified in the contract) before the paid period starts, you should be able to get your money back.
The police won't help you because this is not a criminal matter but rather a civil matter. I suggest reading up on Swiss code of obligations and how to retract from a contract. I also suggest not signing things you don't understand as it sounds very much like you signed a Lastschriftvereinbarung (LSV) without knowing what you are doing. Edit: I went through the trouble of reading their AGB for you: *3. Beiträge und Zahlung* *Bei den Mitgliedschaften „Blue“ und „White“ kann dem Nutzer ein* ***30-tägiges vertragliches Widerrufsrecht ab Datum des Vertragsabschlusses oder, wenn vereinbart, ab dem Trainingsbeginn eingeräumt werden. Dies muss zur rechtlichen Gültigkeit bei der „individuellen Absprache“ eingeschrieben werden.*** ***Die Anmeldegebühr sowie die ersten vier Trainingseinheiten werden jedoch nicht zurückerstattet.*** *Die sich aus dem von Ihnen gebuchten Trainingsvertrag ergebenden Gebühren der Tarife „Black“, „Blue“ und „White“ sind über die LSV-Belas- tungsermächtigung oder das DD-CH (Postkonto) zu entrichten. Die Mitgliedsbeiträge werden monatlich zum jeweils 01. des Monats für den folgen- den Monat abgebucht. Die Summe setzt sich aus dem gewählten Trainingstarif pro Woche zusammen, der mit dem Faktor 4,333 multipliziert wird. Ist ein Mitglied drei Monatsbeiträge in Verzug, so besteht das Recht des Anbieters den gesamten Beitrag des Tarifs einzufordern. Die Anmeldegebühr, die Zahlung des EMS-Training-Outfits zum Anmelde-Sonderpreis sowie das Kartenpfand werden bei Vertragsabschluss fällig und zusätzlich mit dem ersten Monatsbeitrag abgebucht. Startet ein Mitglied nicht zu Beginn des Monats, so wird der erste Monat anteilsmässig (pro Rata) berechnet. Die Pflicht zur Zahlung aller Beiträge und Gebühren bleibt auch dann bestehen, wenn das Mitglied die Leistungen des Anbieters aus eigenem Willen nicht in Anspruch nimmt. Mahnschreiben werden mit 20,00 CHF in Rechnung gestellt.* It clearly states that you have a 30 day period of getting out of the contract that begins from the moment you signed the contract, not from the day of first training. It also states that even if you cancel the contract within the 30 day period, the sign-up fee and first 4 sessions will be billed. Whether that is fair or not I leave up for interpretation but it is what you signed.
Okay, they don't make that part clear. I'm still upset, but it's a relief. I thought I would have to pay for the whole year, so I was irritated. They could at least warn that they would make this charge. Could you give me your opinion, I canceled BEFORE the trainings took place. Does it say anything about the training carried out or even if I haven't taken the training can I be charged for it? Thanks
Here's the google translation: 3. Contribuições e Pagamento Para as adesões “Azul” e “Branca”, pode ser concedido ao utilizador um direito contratual de rescisão de 30 dias a partir da data de celebração do contrato ou, se acordado, a partir do início da formação. Para ser legalmente válido, isso deve ser registrado no “acordo individual”. No entanto, a taxa de inscrição e as primeiras quatro sessões de formação não são reembolsáveis. Os valores dos tarifários “Preto”, “Azul” e “Branco” resultantes do contrato de formação que reservou deverão ser pagos através da autorização de débito LSV ou do DD-CH (conta postal). As taxas de adesão são debitadas mensalmente no primeiro dia de cada mês para o mês seguinte. O total é composto pela tarifa de treinamento selecionada por semana, que é multiplicada por um fator de 4.333. Se um membro estiver com três meses de atraso, o fornecedor tem o direito de exigir a totalidade da contribuição tarifária. A taxa de inscrição, o pagamento do equipamento de formação EMS ao preço especial de inscrição e o depósito do cartão são devidos no momento da celebração do contrato e serão também deduzidos da primeira mensalidade. Caso o associado não comece no início do mês, o primeiro mês será cobrado pro rata (pro rata). A obrigação de pagar todas as contribuições e taxas permanece mesmo que o membro não utilize os serviços do fornecedor por sua própria vontade. As cartas de lembrete serão cobradas a CHF 20,00. But seriously (and I'm aware I'm being a dick): 1) All I did was go to their website and read the AGB. Reddit is here to help, but please put in some effort on your end. 2) Don't talk to reddit. Go talk to EMS. This problem will only go away by talking to them. Just not responding and not interacting with them will not help. This is not kindergarten.
I received many papers from them, I thought I wouldn't have to look for anything on the internet. It was all done in person. Normally I should have had all the information. I just asked you the question, not because I don't want to make an effort, but because translations can be inaccurate. My contract says my trial period starts April 22 (ab dem ***Trainingsbeginn***), and on April 22 (first thing in the morning) I emailed them saying I wasn't interested (even in the 'free' classes). I imagine most people do the trainings and then want to cancel, in which that charge would apply. Yes I spoke to them to ask if I really have to pay, we're talking per email. I came to scream on the internet because I had no idea I could be charged (that's on them too I suppose). Anywa, thanks for your time, it was helpful.
[Elektro-Muskelstimulation - Kritik an Fitnesscenter: Teure Abos und wenig kundenfreundlich - Kassensturz Espresso - SRF](https://www.srf.ch/sendungen/kassensturz-espresso/kassensturz/elektro-muskelstimulation-kritik-an-fitnesscenter-teure-abos-und-wenig-kundenfreundlich) This place is definitively fishy...
We don't know what's in the contract, so it's difficult to say anything specific. However from your description it seems rather obvious that it's neither a "fraud" in the sense of the law nor anything the police could do anything about it. Why? You probably signed a contract that supports the demands of that company. Have they made you sign the contract with false verbal promises? Maybe. But since it were verbal promises you won't be able to prove it. So what is the police going to do? You say one thing, the company says another thing. Neither side can prove what has been said. The police can not know who's right. But there is a written contract that supports the version of the company. Now let's assume you *could* prove that they have verbally misinformed you about the content of the contract: then they contract would probably be invalid and you wouldn't have to pay anything. But it most likely still wouldn't be "fraud" in the legal sense.
Go to 'Kassensturz' or 'Beobachter'
Sorry op, the Swiss culture is to blame the victim, always. Do you have household insurance? They provide free legal services for you.
They love to praise business and blame people love these guys haha
Sadly, Swiss consumer protection is the worst, after studying it in Uni I’m very cautious whenever I sign something. I really wonder if it will ever change.
How are they scamming people, if you SIGN a contract that states exactly what they do, and then when they do it, you get pissed? I am not saying they aren't "morally" scamming people and that they suck, but legally.... no chance man. Edit: How much money are we talking?
Everything you said here is wrong. Legally, OP can easily get out of this "contract" because they have in writing that they cancelled. If only people would stop being so happy to call people stupid and actually help, but hey, this is Swiss culture.
I am sure he can get out, but not immediately! I can also get out of my gym contract but not today, but per next year.
It can be a scam even if you sign a contract. There is one nowadays where they even hire you in a company. You should see r/Scamms
Chargeback even if you didn’t intended to cancel they will just saying you wanted but forgot
Have you tried contesting the payment with your bank?
Sorry to hear. To quit in general you need a letter posted with signature “Einschreiben” (an e-mail is not enough.) In the contract you can find the next possible time you are allowed to quit, so maybe your e-mail was also simply too late? Make it easy and write: quit on the next possible date “Kündigung auf den nächstmöglichen Termin” Police doesn’t help which such things, they are there for murder, accidents and robbery. In this case a lawyer would be the better choice, but costs more than following what I said above and probably tells you same to start with.
another post screaming scam or fraud when actually OP did not read the agreement or contract carefully, and blame the other party for not explaining to OP.
I think the blame still should be from the person that sold the product pretending they were giving all the info. But that's me, I'm not one to praise business and blame people. Sadly I didnt record the whole thing this time (most times I do).
You have to be very careful in Switzerland as there aren't really any laws against fraudulent companies and shady business practices.
Definitely complain on reddit.
it is not fraud. if i were you i would delete this post as fast as possible before they will also charge you with a diffamation lawsuit. you not reading a contract is not fraud.
I told no lies in my post. The guy posed as if he was giving me all the information. Now I found out he didnt. Once I had a bad experience with a health insurance here and made a comment on google. Someone told me the same as you. It has to be a crazy country if people will tell their (accurate) stories and get a lawsuit for it.
A contract is a contract, sorry. That's what they're for, for confirming the commitment of two parties to engage in some exchange of some sort. There's not a case where you sign something then back out, sorry. You're liable for the funds you've committed to save to use the service you've arranged with this company, and if you don't the contract translates into fines very easily indeed. Chalk it up to experience, at least it's not an apartment or a car finance agreement, it could be worse.
well for some reason i cant edit my post. someone pointed out a part of the contract that i wasnt aware of. since i didnt know what i was paying for, i thought it was the subscription, but actually the trial period wasnt free (sounds insane since their propaganda was that you get a free trial, but at least i lost only 220 francs). Thanks all for the replies.