Question:
How can a Swiss stamp dealer sell a CHF 1.00 stamp to his customers for 95 centimes? How does the business model work?
Jurilo:
A Swiss stamp dealer who sells a CHF 1.00 stamp for CHF 0.95 can generally do so legally, provided he does not violate any legal regulations. From a legal perspective, the following aspects are particularly relevant:
1. Freedom of Contract and Pricing
Under Swiss private law, freedom of contract applies, including in particular freedom of pricing. This means that a dealer is generally free to set the price for his goods himself, as long as no special statutory price regulations exist. It is therefore legally permissible to sell a stamp below face value, e.g., for CHF 0.95 instead of CHF 1.00.
2. Possible Business Models
Such a business model can be based on various legally permissible foundations:
Purchase of remaining stock or collections below face value: The dealer purchases, for example, unused stamps from estates, collections, or business closures at a reduced price. He can then resell these with a small markup that is still below face value.
Promotional or loss-leader offers: Selling below face value can serve as a marketing tool to attract customers. The dealer may not make a profit on the individual sale but benefits from follow-up business.
Sale of stamps no longer valid for postage: In rare cases, stamps could be sold that are no longer valid for postage (e.g., old series). In this case, however, the dealer must clearly declare that they are only for collector purposes. A sale as postage-valid stamps would otherwise be misleading.
3. Misleading Practices and Fair Trading Law
According to the Federal Act against Unfair Competition (UWG), a dealer may not make misleading statements. If a stamp is no longer valid for postage, it may not be sold as such. Deception regarding the validity or value of the stamp could constitute an unfair business practice.
4. Value Added Tax Aspects
Stamps that can be used for postage are exempt from value added tax in Switzerland. However, the dealer must ensure that he correctly applies the tax regulations, especially if he also offers other goods or services.
5. Consumer Protection
If the offer is aimed at consumers, consumer protection regulations must also be observed, particularly in distance selling (e.g., online trading). Price information must be transparent and complete.
Conclusion:
The sale of a CHF 1.00 stamp for CHF 0.95 is legally permissible, provided the stamp is valid for postage and there is no misleading conduct. The business model is usually based on the favorable purchase of stamps below face value. It is crucial that the dealer acts transparently and does not violate any legal regulations.
Sources:
Art. 1 CO
Art. 2 CO
Art. 3 UCA
Art. 197 CO
Art. 8 UCA
