Cheap purchases via online trading platforms such as Alibaba and Wish can have expensive consequences. High shipping costs and customs duties are often incurred. In the worst case, you could even face fines, penalties and an entry in your criminal record.
Flavia Mattioz
Associate at Fricker and Füllemann Attorneys at Law
Studied at the University of Lucerne, graduating with a Master of Law (Lucerne) in 2019, not admitted to the bar.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
Huge offer at Alibaba with partly dubious legality…
Online trading platforms such as Alibaba, Wish and others are used by Far Eastern suppliers to sell all sorts of things – including many goods that are banned in Switzerland. Because of the low prices, buyers are often tempted to order dubious goods impulsively and without thinking.
… and unexpected consequences
The low prices often conceal high shipping costs. In many cases, imports into Switzerland are also subject to high customs duties. If importation into Switzerland is prohibited, there is even a risk of convictions for attempted or intentional violations of Swiss law. In the end, the supposed bargain can cost several hundred francs upwards in fines, procedural costs and possibly fines – the latter combined with an entry in the criminal record.
In response to a reader request, we offer below a brief and non-exhaustive overview of goods that should not be ordered via online trading platforms without additional clarification.
Protected animal and plant species
Species-protected animal and plant species are subject to a general ban on import, export or transit in Switzerland.
For example, if you have ordered a guitar that is partly made of protected tropical wood, you could face a fine of up to CHF 40,000.00 if it is checked at customs. This is particularly problematic because in most cases it is not obvious whether an item was made from protected tropical timber.
Knives, soft air weapons and flamethrowers
Although Alibaba and Wish offer many things, the purchase of firearms is generally not possible. However, not only firearms are covered by the Swiss Weapons Act. As the purchase, possession and import of prohibited items and items requiring a permit are also regulated, care must always be taken when purchasing that the goods ordered do not fall under the Weapons Act.
For example, butterfly knives, throwing knives and one-handed knives with an automatic mechanism are prohibited. Daggers with symmetrical blades and other devices designed to injure people, such as punching rods, throwing stars, brass knuckles, slingshots with arm drops, nunchucks or similar are also prohibited. Licenses are also required for imitation, alarm and soft-air weapons that could be mistaken for real firearms due to their appearance. Weapon accessories, such as a laser aiming device, also require a permit.
Anyone who orders a weapon or an object that falls under the Weapons Act abroad and has it delivered to Switzerland by post without the necessary permit is therefore committing an offense against the Weapons Act. An intentional offense can be punished with a prison sentence of up to three years or a fine. Such a penalty results in an entry in the criminal record. If the offender is merely negligent, he will be fined.
In 2019, around 1000 people who had ordered a “non-flamethrower” from a company owned by Tesla founder Elon Musk had to painfully experience this(see article on Blick.ch).
Swiss watches made in China
The import of counterfeit products into Switzerland is also prohibited. If customs finds counterfeit goods in postal parcels, they can retain and destroy them. Customs will also inform the rights holder of the trademark or design. The latter then has the option of filing criminal charges against the importer. Often, the lawyer of the trademark owner concerned will first contact the person concerned with a claim for damages and, in the case of repeated offenses, file criminal charges.
Zero tolerance applies above all to counterfeit jewelry and watches. Jewelry will be confiscated if the fineness of the precious metal is below the specified value. Watches are confiscated if they are counterfeit. It should be noted that the watches on the platforms are often shown without a logo and are therefore not necessarily recognizable as fakes. However, the actual copy sent regularly bears a known manufacturer’s logo. In the case of the first purchase, this can still be invoked and a lack of intent can be claimed, but in the case of staggered purchases or imports, this circumstance does not (or no longer) protect the buyer.
Early information protects against legal problems
Whenever a purchase is not obviously safe, you should take the time to briefly inform yourself about any applicable import bans or regulations. In addition to the categories mentioned, this also applies to food and medicines, for example.
This may save you expensive surprises as a result of your cheap purchase from Alibaba and Co.
