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Old 12.02.2019, 11:40
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The buyer on Ricardo wants the money back

On Dec 7 I sold my old camera on Ricardo to a professional photographer. We met in person, he tested it, it worked great (even though it's 5 years old, I took around 5000 pictures).

He then contacted me via e-mail on Jan 6, saying that the camera does not seem to work (he presented it to his godson for Christmas) and he wants to keep the lenses only, return the body to me and cancel the deal.

I replied that it worked perfectly for me and I never had any issues with the camera - otherwise I would not be selling it.

Couple of days ago he contacted me again saying that the camera makes a black picture occasionally and then the ERR message flashes. His godson made around 300 pictures in total. And now he wants me to pay him back 85 CHF (half of the price of the body according to his calculations). He gave me 5 days to transfer the money to his account.
Even though the message itself seems fair to me, I did not like his rude tone and him threatening me with a law suit.

I'm trying to understand my risks:
What is the litigation system here for small cases?
He lives in another canton - will I be obliged to travel there and face him in the court? Will I also need to hire a translator since my German is not perfect?

I wouldn't like to waste my time and money on this, but I also don't want to follow the requests of some bully, since I believe that the law is on my side.
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Old 12.02.2019, 11:51
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Re: The buyer on Ricardo wants the money back

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He lives in another canton - will I be obliged to travel there and face him in the court?
No.
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Will I also need to hire a translator since my German is not perfect?
The cost of the translator is paid for by the party that loses the case or whatever the judge decides.
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he wants me to pay him back 85 CHF (half of the price of the body according to his calculations).
You could propose transferring a lower amount back.
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Old 12.02.2019, 11:56
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Re: The buyer on Ricardo wants the money back

The buyer even tested the camera and then bought it. If he wants more warranty, then he should buy a new one and don't find an second hand on Ricardo.
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Old 12.02.2019, 12:12
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Re: The buyer on Ricardo wants the money back

Can't see why you would be responsible for faults only discovered a month after the purchase. I would repeat the camera was in working order when you sold it. If it broke after that time it is not your fault.
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Old 12.02.2019, 12:21
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Re: The buyer on Ricardo wants the money back

I do not see any reason to refund any money considering it worked at time of sale and over 300 pictures were made. Looks like the camera became defective while it was in the buyers possession. Who knows what he did with the camera.

I hope you excluded any warranty in your Ricardo advert. Otherwise he might have some leeway, although it is customary and silently understood that private sales are done by exclusion of any warranty. But how the court will decided is an other question.

I looks like he wants a refund but still keep the camera. An other option is to revert the whole deal, with an extra twist. Body and lenses back. Money back. Now the twist: Once done, YOU claim that the body, which worked at time of sale has be returned defective and you wish compensation for that.
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Old 12.02.2019, 13:06
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Re: The buyer on Ricardo wants the money back

The production of this camera was officially discontinued in 2011.

The buyer told me that he has already bought another camera body to replace the broken one. He's also happy to send it back to me, but I obviously don't want it.

What shall I expect from the court process? I understood I will not need to attend in person. In this case how will the judge make a decision without me being present?
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Old 12.02.2019, 13:13
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Re: The buyer on Ricardo wants the money back

He hasdn't got a leg to stand on, he's just trying it on.



Speak/write only in English to him.


Law suit......yeah right, and what exactly is the accusation ?
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Old 12.02.2019, 13:46
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Re: The buyer on Ricardo wants the money back

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He hasdn't got a leg to stand on, he's just trying it on.



Speak/write only in English to him.


Law suit......yeah right, and what exactly is the accusation ?
Can file but it wont go anyway. He'll be out the money

Anyone can demand money from anyone here, doesn't mean they win. You can also countersue if it comes down to it
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Old 12.02.2019, 14:23
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Re: The buyer on Ricardo wants the money back

From Ricardo's FAQ: https://help.ricardo.ch/hc/de/articl...eschreibung-ab
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Der Artikel ist defekt oder weicht von der Beschreibung ab
Hat der Verkäufer den Artikel unvollständig, mangelhaft oder anders als beschrieben geliefert, setze ihn innerhalb von 14 Tagen schriftlich davon in Kenntnis (Mängelrüge).

Grundsätzlich hast du das Recht auf Ersatz oder Nachbesserung der Ware (auf Kosten des Verkäufers) oder eine Preisminderung. Eine allfällige Rücksendung der Ware in diesem Zusammenhang hat der Käufer zu bezahlen.


Bewertung: Lass deine Erfahrung in die Bewertung einfliessen. Dadurch werden andere zukünftige Käufer gewarnt. Zudem haben Bewertungen direkten Einfluss auf den Kontostatus des Verkäufers.

Zusätzlich hast du selbstverständlich die Möglichkeit, deine Forderung rechtlich geltend zu machen. Kontaktiere dazu am besten direkt deinen Rechtsschutz.

Wichtig: ricardo.ch kann in seiner Rolle als Plattformbetreiber den Zustand eines Produkts nicht beurteilen und ist daher nicht in der Lage, zwischen Käufern und Verkäufern zu vermitteln. Bitte kontaktiere deshalb bitte immer zuerst die Gegenpartei.
The buyer should have contacted you within 14 days of the purchase to complain.

Last edited by Kedi; 12.02.2019 at 14:24. Reason: Link added
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Old 12.02.2019, 14:35
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Re: The buyer on Ricardo wants the money back

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What shall I expect from the court process? I understood I will not need to attend in person. In this case how will the judge make a decision without me being present?
Depends on which route he goes:

He can sue directly for compensation. Then he should go through a justice of peace first. This would be at the justice of peace at the place of the accused. If you do not appear in person, or they do not like the justice's verdict they can take it to the court. At court it is possible to handled all by mail w/o personal appearance. Important that you state your side. Otherwise the court will decided based on the buyers statement alone, which means you will most likely lose the case.

Or the buyer can request a Betreibung/Pursuit. This is a nasty as you will get a bad mark and you must act and counter sue.
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Old 12.02.2019, 14:43
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Re: The buyer on Ricardo wants the money back

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Or the buyer can request a Betreibung/Pursuit. This is a nasty as you will get a bad mark and you must act and counter sue.
You can oppose the Betreibung when you receive it (or within 7 days of receipt) so that the onus is on the other person to pursue it. They have one year from the time you oppose it to decide whether to pursue the case further.
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Old 12.02.2019, 15:52
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Re: The buyer on Ricardo wants the money back

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The production of this camera was officially discontinued in 2011.

The buyer told me that he has already bought another camera body to replace the broken one. He's also happy to send it back to me, but I obviously don't want it.

What shall I expect from the court process? I understood I will not need to attend in person. In this case how will the judge make a decision without me being present?
I am not sure that for 80 CHF a court would open up a trial?! AFAIK there must be a minimum amount for a court session, else it is settled off-court. i am not 100% sure about this, but in Germany, it is like this. Also, before that happens they will request evidence, papers and stuff and I guess they would decide in your favor: used camera, buyer checked it, it worked, it broke after the purchase... very little chance if at all you will have to pay something.
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Old 12.02.2019, 16:21
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Re: The buyer on Ricardo wants the money back

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I am not sure that for 80 CHF a court would open up a trial?! AFAIK there must be a minimum amount for a court session, else it is settled off-court. i am not 100% sure about this, but in Germany, it is like this. Also, before that happens they will request evidence, papers and stuff and I guess they would decide in your favor: used camera, buyer checked it, it worked, it broke after the purchase... very little chance if at all you will have to pay something.
From my understanding small claims typically end up in front of the Friedensrichter.The Friedensrichter has reduced powers to actually enforce anything and so the claimant will be out of money pretty quickly while acheving very little.

The Friedensrichter will typically try to negotiate a compromise, and if that fails will shut the case and tell you to go to a proper judge.
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Old 12.02.2019, 16:37
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Re: The buyer on Ricardo wants the money back

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I am not sure that for 80 CHF a court would open up a trial?! AFAIK there must be a minimum amount for a court session, else it is settled off-court.
From CHF 2'000.-- upwards I understood. Lower amounts stay with the peace justice system.
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Old 12.02.2019, 19:24
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Re: The buyer on Ricardo wants the money back

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From CHF 2'000.-- upwards I understood. Lower amounts stay with the peace justice system.
yep, Clocker and Amogles are right. up to 2000 CHF, and it will be sent to Friedensrichter. further that Ricardo says one has 14 days of right to objection gives the buyer a band stand.
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Old 12.02.2019, 22:11
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Re: The buyer on Ricardo wants the money back

Dont forget to give the buyer negative feedback!

Annoys me that they can threaten legal action for the sake of it and which appears they have no basis. How about counter sue for unnecessary stress caused and time wasted and also sue for lost sales from never using Ricardo again in fear of repeat legal action from buyers just like this
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Old 13.02.2019, 08:36
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Re: The buyer on Ricardo wants the money back

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On Dec 7 I sold my old camera on Ricardo to a professional photographer. We met in person, he tested it, it worked great (even though it's 5 years old, I took around 5000 pictures).

He then contacted me via e-mail on Jan 6, saying that the camera does not seem to work (he presented it to his godson for Christmas) and he wants to keep the lenses only, return the body to me and cancel the deal.

I replied that it worked perfectly for me and I never had any issues with the camera - otherwise I would not be selling it.

Couple of days ago he contacted me again saying that the camera makes a black picture occasionally and then the ERR message flashes. His godson made around 300 pictures in total. And now he wants me to pay him back 85 CHF (half of the price of the body according to his calculations). He gave me 5 days to transfer the money to his account.
Even though the message itself seems fair to me, I did not like his rude tone and him threatening me with a law suit.

I'm trying to understand my risks:
What is the litigation system here for small cases?
He lives in another canton - will I be obliged to travel there and face him in the court? Will I also need to hire a translator since my German is not perfect?

I wouldn't like to waste my time and money on this, but I also don't want to follow the requests of some bully, since I believe that the law is on my side.
If you said no garantie in the ad on Ricardo then there is no garantie. Ignore him or tell him by registered letter that if he makes another threat you will call in the police. ( of course you are just bluffing ) Otherwise ignore him-he's also bluffing
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Old 13.02.2019, 10:07
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Re: The buyer on Ricardo wants the money back

The buyer tested it personally when he picked it up. It broke a month later. I'd ignore him and completely forget about it.
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Old 13.02.2019, 11:12
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Re: The buyer on Ricardo wants the money back

To be honest it sounds like the guy only wanted the lenses and is just trying it on to get some money back on a body that he has no use for.
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Old 13.02.2019, 11:26
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Re: The buyer on Ricardo wants the money back

Thank you all.
It makes me feel better.
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