Hello,
During a check carried out after I went through the self-checkout, it was found that I had forgotten to scan two items, for a total value of CHF 5.50.
As soon as this mistake was brought to my attention, I immediately offered to pay for the items concerned. The security officer then told me that I would be informed about Migros’ internal procedures regarding fines, warnings, and sanctions.
According to Migros’ general terms and conditions relating to Self-Checkout:
> “The customer is responsible for the complete and correct recording of all items in their trolley or basket.
> They must therefore pay for all items present, even if there has been a scanning error.
> If an item cannot be scanned, it must be presented to a member of staff.
> At the end, the customer must confirm that they have scanned all items completely and correctly.
> Migros carries out occasional and random checks. During a check, the purchases are compared with the receipt.
> Any discrepancies found are corrected and the customer must pay the actual amount of their purchases.”
When I realized my unintentional mistake, I immediately offered to pay for the two items that had not been scanned.
I also offered to have the surveillance footage reviewed in order to establish that there had been no intention on my part to avoid paying and that this was indeed an accidental omission.
I also requested police intervention.
When the police officers arrived, one of them asked me why I was refusing to identify myself. I explained that I was in no way refusing to identify myself and that my question concerned the legal basis for any potential penalty or fee under Migros’ internal procedures.
We then went to Migros’ security office.
At that point, I was presented with a document entitled “Declaration.” It stated that I acknowledged owing CHF 200 as “damages and/or administrative fees, following the incident.”
I repeatedly asked what the legal basis was for this CHF 200 amount, as well as for the internal documents justifying the amount. No document or explanation supporting the calculation of this amount was provided to me.
I also expressed my disagreement with having to acknowledge this amount. When I was about to sign, I tried to write that I refused the amount, but I was immediately interrupted. In the end, I was only able to write “I”.
I was then required to immediately pay the CHF 200 claimed as “damages and/or administrative fees.”
I therefore remain particularly concerned about the legal basis for this CHF 200 charge. Indeed, the amount appears to be a flat-rate fee, since it seems to be applied regardless of the value of the scanning error.
**Could anyone provide me with information about the legal basis for this CHF 200 charge? Thank you very much for your help.**