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RS 942.211 Order of 11 December 1978 on the indication of prices (OIP)

Original Language Title: RS 942.211 Ordonnance du 11 décembre 1978 sur l’indication des prix (OIP)

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942.211

Guidelines for the indication of prices

(OIP) 1

On 11 December 1978 (State 1 Er July 2015)

The Swiss Federal Council,

Having regard to art. 16, 16 A , 17 and 20 of the Federal Act of 19 December 1986 against unfair competition 2 , given the art.12 B Of the Federal Act of 30 April 1997 on telecommunications 3 , having regard to Chapter IV of Regulation (EC) n O 1008/2008 4 Establishing common rules for the operation of air services in the Community, in the binding version for Switzerland according to the c. 1 of the Annex to the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on Air Transport 5 , 6

Stops:

Chapter 1 Purpose and scope

Art. 1 Purpose

The purpose of this order is to provide a clear indication of prices, allowing them to be compared and to prevent the purchaser from being mislable.

Art. 2 Scope of application

1 The order applies:

A.
Goods offered to the consumer;
B.
Legal acts, concluded by consumers, having effects that are identical or similar to those of the purchase, such as sales by instalments, sale and lease contracts (leasing) and take-over bids (legal acts) Similar to the purchase);
C.
To the provision of the services listed in Art. 10;
D.
Advertising aimed at consumers for all goods and services.

2 A consumer is deemed to be a person who buys a good or a service for purposes unrelated to his or her business or professional activity. 1


1 New content according to the c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).

Chapter 2 Goods

Section 1 Indication of the retail price

Art. 3 Obligation to indicate retail price

1 The price actually payable for the goods offered to the consumer must be indicated in Swiss francs (retail price).

2 The obligation to indicate this price also applies to legal acts similar to the purchase.

3 The indication is not mandatory for goods sold at auction or in any other similar manner of sale.

Art. 4 Public taxes, royalties, advance contributions to disposal, benefits 1

1 Public taxes, copyright royalties, advance contributions to disposal and non-optional surcharges of all kinds, carried over to the retail price, must be included in this price. 2

1bis In the event of a change in the rate of the value added tax, the new price must be indicated within three months of the entry into force of this amendment. During this period, consumers must be informed, by a clearly visible indication, that the price indicated does not take account of the change in the rate of the value added tax. 3

2 Benefits such as discounts, discount stamps or discounts, which can only be realized after purchase, will be designated separately and shown in figures.


1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
2 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
3 Introduced by ch. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).

Section 2 Indication of the unit price

Art. 5 Obligation to indicate unit price

1 It is mandatory to indicate the unit price for the measurable goods offered to the consumer.

2 In the case of prepackaged goods, the retail price and unit price should be indicated.

3 It is not mandatory to indicate the unit price:

A.
On sales invoiced at the room or after the number of coins;
B.
On sales by 1, 2 or 5 litres, kilograms, metres, square metres or cubic metres, or by their decimal multiples or submultiples;
C. 1
Spirit drinks in containers with a nominal content of 35 and 70 cl;
D.
For packagings of a net weight or after dripping of 25, 125, 250 and 2500 g;
E.
For combination packagings, composite packagings and packagings;
F.
For food preserves consisting of a mixture of solid products, provided that the weight of the constituents is declared;
G. 2
For goods in packaging packaging whose retail price does not exceed 2 francs;
H.
For goods in packaging packaging whose unit price per kilogram or litre is greater than 150 francs in the case of foodstuffs and 750 francs in the case of other goods;
I.
In public institutions;
J. 3
Prepackages of medicinal products of the categories A, B and C referred to in Art. 23 to 25 of the order of 17 October 2001 on medicinal products 4 .

1 New content according to Art. 39 hp. 2 of the O of 5. 2012 on quantity declarations, in force since 1 Er Jan 2013 ( RO 2012 5275 ).
2 New content according to the c. I of the O of 14 Dec. 1987, in effect since 1 Er March 1988 (RO 1988 241).
3 Introduced by Art. 39 hp. 2 of the O of 5. 2012 on quantity declarations, in force since 1 Er Jan 2013 ( RO 2012 5275 ).
4 RS 812.212.21

Art. 6 Measurable Goods and Unit Price

1 Are considered to be measurable goods, those whose retail price is normally determined by volume, weight, mass, length or surface.

2 The price per litre, kilogram, metre, square metre, cubic metre, or multiple or submultiple decimal places of these units on which the retail price is based is deemed to be price per unit price. 1

3 For foodstuffs whose weight after dripping is indicated in accordance with Article 16 of the order of 5 September 2012 on declarations of quantity 2 , the unit price must relate to the weight after dripping. 3


1 RO 2008 4609
2 RS 941.204
3 New content according to Art. 39 hp. 2 of the O of 5. 2012 on quantity declarations, in force since 1 Er Jan 2013 ( RO 2012 5275 ).

Section 3 Mode of indication

Art. 7 Display

1 Retail prices and unit prices must be indicated by display on the merchandise itself or nearby (registration, printing, label, panel, etc.).

2 Where the display on the goods itself is not suitable because of the large number of goods at the same price or for technical reasons, the prices may be indicated in another form, provided that the indications are Easy to read and easily read (sign on shelving, current price display, catalogue presentation, etc.).

3 It is also open to use the mode of indication provided for in para. 2 for antiques, art objects, oriental carpets, furs, watches, jewelry and other precious metal objects, if their price is greater than 5000 francs. 1


1 Introduced by ch. I of the O of 14 Dec. 1987, in effect since 1 Er March 1988 (RO 1988 241).

Art. 8 Visible and legible indication

1 Retail prices and unit prices must be clearly visible and easily legible. They will be indicated in numbers.

2 In the windows, in particular, retail prices and, for goods sold in bulk, unit prices must be easily legible from the outside.

Art. Specification

1 The indication must indicate the product and unit of sale to which the retail price relates.

2 The quantities will be indicated according to the requirements of the Federal Law of 17 June 2011 on metrology 1 . 2

3 The more stringent requirements for the specification, which are contained in other legislative acts, are reserved.


1 RS 941.20
2 New content according to the c. I 6 of the 7th Dec. 2012 (New legal bases in metrology), in force since 1 Er Jan 2013 ( RO 2012 7065 ).

Chapter 3 Service Delivery

Art. 10 Obligation to indicate price

1 The price actually payable for the services offered in the following areas will be indicated in Swiss francs:

A.
Hairdressing salons;
B.
Routine work in garages;
C.
Catering and hotels;
D. 1
Beauty institutes and body care;
E. 2
Physical culture centres, swimming pools, skating rinks and other sports facilities;
F.
Taxis;
G.
Entertainments and entertainment (theatres, concerts, cinemas, dancings, etc.), museums, exhibitions, fairs and sporting events;
H.
Rental of vehicles, appliances and facilities;
I. 3
Laundry and dry cleaning (main processes and standard articles);
K.
Car parking;
L.
Branch of photography (standardized services such as developments, copies, enlargements);
M. 4
Course offerings;
N. 5
Air travel and package tours;
O. 6
Services related to booking a trip and invoiced separately (reservation, intermediaries);
P. 7
Telecommunication services within the meaning of the Telecommunications Act of 30 April 1997;
Q. 8
Services such as information, counselling, marketing and the distribution of communication costs, which are provided or offered through telecommunication services, that they are invoiced by a Telecommunications service provider or not;
R. 9
Opening, holding and closing accounts, national and international traffic in payments, means of payment (credit cards), buying and selling foreign currencies (exchange);
S. 10
The right to use immovable property on a part-time basis;
T. 11
Provision of services related to the delivery of medicinal products and medical devices, as well as the provision of services for veterinarians and dentists;
U. 12
Funeral pumps;
V. 13
Notarial services.

2 Public taxes, copyright royalties and non-optional supplements of all kinds, placed at the expense of the customer, must be included in the price. The residence fees may be indicated separately. 14

3 In the event of a change in the rate of the value added tax, the new price must be indicated within three months of the entry into force of this amendment. During this period, consumers must be informed, by a clearly visible indication, that the price indicated does not take account of the change in the rate of the value added tax. 15


1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
2 New content according to the c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
3 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
4 Introduced by c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
5 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
6 Introduced by c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
7 Introduced by c. I of the O of 28 Apr. 1999 ( RO 1999 1637 ). New content according to the c. II of the O of 4 nov. 2009, in force since 1 Er Jan 2010 (RO) 2009 5821).
8 Introduced by c. I of the O of 28 Apr. 1999 ( RO 1999 1637 ). New content according to the c. II of the O of 4 nov. 2009, in force since 1 Er Jan 2010 (RO) 2009 5821).
9 Introduced by c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
10 Introduced by c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
11 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
12 Introduced by c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
13 Introduced by c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
14 New content according to the c. II of the O of 5 nov. 2014, in force since 1 Er Jan 2015 ( RO 2014 4161 ).
15 Introduced by ch. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).

Art. 11 Indication Mode

1 The prices displayed, price lists, catalogues, etc. must be easy to read and easily legible.

1bis ... 1

2 The indication must indicate the type and unit of the services or the rates to which the prices relate.

3 In the hotel and catering sector, the indication of the price of drinks must highlight the quantity to which this price relates. The indication of quantity is not required for hot drinks, cocktails as well as for drinks prepared with water or added ice. 2

4 In institutions that host people, the price of the overnight stay with or without breakfast, half board or full board will be communicated to the client orally or in writing. 3


1 Introduced by ch. I of the O of 28 Apr. 1999 ( RO 1999 1637 ). Repealed by c. I of the O of 21 Jan 2004, with effect from 1 Er June 2004 (RO 2004 827).
2 New content according to Art. 39 hp. 2 of the O of 5. 2012 on quantity declarations, in force since 1 Er Jan 2013 ( RO 2012 5275 ).
3 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).

Art. 11 A 1 Mode of indication of prices for value added services by oral route

1 Where the basic fee or the per-minute price of the services listed in s. 10, para. 1, let. Q exceeds 2 francs, the consumer must first be informed of the price orally, clearly and without charge. Information must be given at least in the language of the service offering.

2 Only the services for which these requirements have been met can be charged.

3 Communication taxes for calls to fixed or mobile telephone service numbers may already be charged for the duration of the tariff announcement.

4 The consumer must be informed of the fixed fees and price changes in the course of communication immediately before their application and regardless of their amount.

5 The tax or price can only be collected 5 seconds after the information has been given.

6 Where the fixed fees exceed 10 francs or the price per minute is greater than five francs, the service provision may be invoiced only if the consumer has expressly confirmed that he accepts the offer.

7 Where the consumer uses a directory information service within the meaning of s. 31 A The order of 6 October 1997 on addressing resources in the field of telecommunications 2 , it must be informed of the price of the related service immediately prior to its use and regardless of the price.


1 Introduced by ch. I of the O of 21 Jan 2004 ( RO 2004 827 ). New content according to the c. II of the O of 5 nov. 2014, in force since 1 Er Jul. 2015 (RO 2014 4161).
2 RS 784.104

Art. 11 A Bis 1 Mode of indication of prices for value-added services in writing

1 The indication in writing of the prices of the services listed in Art. 10, para. 1, let. Q, is governed by s. 13 A .

2 Where the benefit is offered via the Internet or by data communication, it may be invoiced to the consumer only if:

A.
The price is clearly visible and easily legible at the place where the offer is to be accepted; or
B.
The price is clearly visible and easily legible in the immediate vicinity of the place where the offer is to be accepted and, in that place, the reference to "pay order" or a similar statement is clearly visible and Easily readable.

3 Where the benefit is offered by the Internet or by data communication and is counted on the invoice of a telecommunications service provider or via a pre-payment connection, it may not be charged to the consumer Whether the carrier expressly confirmed the acceptance of the offer in respect of its telecommunications service provider.


1 Introduced by ch. II of the O of 5 nov. 2014, in force since 1 Er Jul. 2015 ( RO 2014 4161 ).

Art. 11 B 1 Mode of indication of value added services per unit of information

1 Where a consumer uses a service provision within the meaning of s. 10, para. 1, let. Q, which requires prior registration and which may involve the transmission of several units of information (push-services), such as texts, images or audio or video sequences, it must be informed free and clearly, to The location where the offer is offered and on the mobile terminal prior to activation of the service: 2

A.
The basic tax that will eventually be collected;
B.
The price to be paid per unit of information;
C.
How to disable the service
D. 3
The maximum number of information units per minute.

2 Fees may be levied only after the consumer has been informed of the information referred to in para. 1 and that he expressly confirmed on his mobile terminal installation that he accepted the offer. 4

3 Following acceptance of the offer within the meaning of para. 2, the consumer must be informed free of charge at each unit of information about how to disable the service. The possibility of giving up this information free of charge may be offered to the consumer. 5


1 Introduced by ch. I of the O of 21 January 2004, in force since 1 Er June 2004 ( RO 2004 827 ).
2 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
3 Introduced by Art. 107 of the O of 9 March 2007 on telecommunications services, in force since 1 Er Apr 2007 ( RO 2007 945 ).
4 Introduced by Art. 107 of the O of 9 March 2007 on telecommunications services ( RO 2007 945 ). New content according to the c. II of the O of 4 nov. 2009, in force since 1 Er Jan 2010 (RO) 2009 5821).
5 Introduced by ch. II of the O of 4 Nov 2009 ( RO 2009 5821 ). New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 (RO 2011 4959).

Art. 11 C 1 Mode for the indication of air travel prices

1 Any person proposing, in any form, including on the Internet, air fares to consumers for air services departing from an airport in Switzerland or in the European Union, shall specify the tariff conditions Applicable.

2 The price actually payable must be indicated at any time. It must include the airfare itself, as well as all taxes, charges, surcharges and unavoidable and foreseeable charges as of the date of publication.

3 In addition to the actual price to be paid, it is necessary to specify at least the airfare itself and the following when added to the latter:

A.
Taxes;
B.
Airport charges; and
C.
Other charges, surcharges or duties, such as those relating to safety or fuel.

4 Optional price supplements must be communicated clearly, transparently and unequivocally at the beginning of any reservation procedure; their acceptance by the consumer must be the result of an explicit (opt-in) approach.


1 Introduced by ch. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).

Art. 12 Plots

1 The tip must be included in the price or designated clearly and indicated in numbers.

2 The words "gratuity included" or similar formulations are permitted. On the other hand, the words'gratuity not included' or similar wording without any indication of figures are prohibited.

3 It is forbidden to ask for tips in addition to the quoted price or the tip expressed in figures.

Chapter 4 Advertising

Art. 13 Indication of prices in advertising in general 1

1 Where, in advertising, prices are mentioned or price levels or price limits are given in figures, the prices to be paid shall be indicated.

1bis ... 2

2 Producers, importers and wholesalers may give indicative prices. 3


1 New content according to the c. II of the O of 4 nov. 2009, in force since 1 Er Jul. 2010 ( RO 2009 5821 ).
2 Introduced by ch. I of the O of 28 Apr. 1999 ( RO 1999 1637 ). Repealed by c. II of the O of 4 nov. 2009, with effect from 1 Er Jul. 2010 (RO 2009 5821).
3 New content according to the c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).

Art. 13 A 1 Indication of prices in advertising for value-added services in the telecommunications sector

1 Where an advertisement refers to the telephone number of a paid service benefit within the meaning of s. 10, para. 1, let. Q, or other sequences of signs or letters thereof, shall also indicate to the consumer the basic fee and the price to be paid per minute.

2 If another method of pricing is applied, it must be clearly stated.

3 The information on prices must be given in characters of at least the same size as those used to indicate the number, clearly visible and easily legible and in the immediate vicinity of the number. 2

4 ... 3


1 Introduced by ch. II of the O of 4 nov. 2009, in force since 1 Er Jul. 2010 ( RO 2009 5821 ).
2 New content according to the c. II of the O of 5 nov. 2014, in force since 1 Er Jul. 2015 ( RO 2014 4161 ).
3 Repealed by c. II of the O of 5 nov. 2014, with effect from 1 Er Jul. 2015 ( RO 2014 4161 ).

Art. 14 Specification

1 Price indications must clearly show the goods and the unit of sale or the type and unit of the services and the rates to which the price relates.

2 Goods and services must be designated in a way that is easily legible according to their essential criteria, such as the mark, the type, the type, the quality and the characteristics. 1

3 The indication of prices must correspond to the illustration or text relating to the designated good.

4 The more stringent requirements for the specification, which are contained in other legislative acts, are reserved.


1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).

Art. 15 1 False Price Indication

The provisions concerning the misleading indication of price (art. 16 to 18) also apply to advertising.


1 New content according to the c. I of the O of 14 Dec. 1987, in effect since 1 Er March 1988 (RO 1988 241).

Chapter 5 False Indication of Prices

Art. 16 1 Indication of other prices

1 The seller may indicate a comparative price in addition to the price actually payable:

A.
If it has actually offered the goods or service at that price previously (self-comparison);
B.
Whether it is actually going to offer the goods or service at that price with immediate effect (launch price);
C.
If other sellers do indeed provide this price with a predominant share of the goods or services identical in the sector of the relevant market (comparison with competition).

2 In the case of a launch price or a comparison with the competition, it must be clear from the announcement of what kind of price comparison it is. On request, the seller must make it likely that the conditions justifying the indication of comparative prices according to para. 1 are completed. 2

3 The comparative price according to para. 1, let. A and b may be indicated for half of the period during which it was or will be performed, but up to a maximum of two months.

4 If they were performed for half a day, the prices of highly perishable goods can be given as comparative prices for the next day.

5 It is permissible to give catalogue prices, indicative prices, etc. as comparative prices only if the conditions mentioned in para. 1, let. C, are fulfilled.


1 New content according to the c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
2 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).

Art. 17 Price Reductions Reference

1 The indication in figures of price reductions, bonuses, benefits provided by recovery or exchange campaigns and gifts, etc., is similar to that of other prices in addition to the price actually payable.

2 The obligation to indicate prices and to provide the specifications provided for in this Order shall apply to such statements. Except the indications concerning several products of the same kind, different products, groups of goods or sets, provided that the rate or amount of the reduction is the same. 1

3 L' al. 2 shall apply mutatis mutandis to the provision of services. 2


1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
2 Introduced by ch. I of the O of 14 Dec. 1987, in effect since 1 Er March 1988 (RO 1988 241).

Art. 18 1 Producers, Importers and Wholesalers

1 The present requirements on the false price indication also apply to producers, importers and wholesalers.

2 Producers, importers and wholesalers may indicate to consumers price or guide prices or make available to them lists or price catalogues. If these are non-binding recommended prices, this should be clearly indicated. Federal legislation on cartels and other restrictions on competition is reserved. 2


1 New content according to the c. I of the O of 28 Apr. 1999, in force since 1 Er Nov 1999 ( RO 1999 1637 ).
2 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).

Art. 19 1

1 Repealed by c. I of the O of 23 August 1995, with effect from 1 Er Nov 1995 (RO 1995 4186).

Chapter 6 Vendors subject to the obligation to indicate prices

Art.

The obligation to indicate prices and to advertise in accordance with the requirements of this Order shall be the responsibility of the operators of all types of trade funds.

Chapter 7 Criminal Provisions

Art. 1

Offences under this order shall be continued in accordance with the provisions of the Federal Act of 19 December 1986 against unfair competition.


1 New content according to the c. II of the O of 5 nov. 2014, in force since 1 Er Jan 2015 ( RO 2014 4161 ).

Chapter 8 Final provisions

Art. Executing

1 The competent cantonal offices shall ensure the correct application of this order and denounce the infringements to the competent authorities.

2 The procedure is governed by the cantonal law.

Art. 1 High Surveillance by Confederation

1 The Confederation exercises high surveillance through the State Secretariat for Economic Affairs (SECO) in the Federal Department of Economics, Training and Research 2 .

2 The SECO may issue instructions to the cantons, send them circulars, ask for information and documents, and report infringements to the competent cantonal authorities.

3 The SECO may conduct discussions with the relevant branches and with interested organizations on price indication.


1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Apr 2012 ( RO 2011 4959 ).
2 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).

Art. 24 Amendment of the law in force

... 1


1 The mod. Can be consulted at the OR 1978 2081.

Art. 25 Entry into force

This order shall enter into force on 1 Er January 1979.

Transitional Provisions of the Amendment of January 21, 2004 7

Until the coming into force of s. 4, para. 1, 8 Advance disposal contributions that are not included in the retail price must, both in the store and in the storefront and in advertising, be shown separately and in an easily readable manner.


RO 1978 2081


1 New content according to the c. I of the O of 14 Dec. 1987, in effect since 1 Er March 1988 (RO 1988 241).
2 RS 241
3 RS 784.10
4 R (CE) n O 1008/2008 of the European Parliament and of the Council of 24 7. 2008 establishing common rules for the operation of air services in the Community (recast).
5 RS 0.748.127.192.68
6 New content according to the c. I 6 of the 7th Dec. 2012 (New legal bases in metrology), in force since 1 Er Jan 2013 ( RO 2012 7065 ).
7 RO 2004 827
8 The 1 Er June 2005.


State 1 Er July 2015