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Old 15.08.2021, 00:24
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Seller refuses to sell - Ricardo

Hi

I just bought a TV on Ricardo and three days before the pick up the seller just emailed me to cancel the transaction. He is arguing that the TV is not functioning properly anymore (I think he got another offer). Is there a way to get compensated for the 1K of the transaction. I know there is a binding contract but no clue how to proceed.

Thanks
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  #2  
Old 15.08.2021, 00:29
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Re: Seller refuses to sell - Ricardo

Did you pay ? Then he has to return the money...
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Old 15.08.2021, 01:58
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Re: Seller refuses to sell - Ricardo

If you paid then direct complaint to Ricardo. Also if paid with c.card call them and put item into dispute.

If not paid then not sure what compensation you would be expecting.

Hope it works out.
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Old 15.08.2021, 02:27
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Re: Seller refuses to sell - Ricardo

If he won't sell, then just face it that you won't be able to buy that TV. Don't even go the route of trying to assert that he might have had a better offer from someone else. Instead, just focus only on the reason he gave (TV is now defective) in his mail to you, and on the fact that you should not have to pay for what you are not receiving.
  • If you haven't yet paid, then that's the end of it, apart from reporting the matter to Ricardo, neutrally.
  • If you have paid, write the same letter to all of the parties: Ricardo, the seller and your credit card company, including a copy of the seller's mail saying he can't sell because the TV is defective. Ask the credit card company to stop the payment, if it's not already too late. Ask Ricardo to refund you. Ask the seller to ensure that Ricardo refunds you.

If this doesn't work immediately, write again, but no longer by e-mail, but instead on paper, in an envelope, by registered mail, at least to Ricardo, and to the seller if you have his postal address.

Once you receive a refund of any money you've paid, that will be the end of the matter. You see, Switzerland doesn't generally have any legal room for "compensation", in the sense that is known in some other countries, of awarding you damages because you've suffered this disappointment and inconveniece, nor of compelling the seller to supply you with an equivalent TV. The matter stops once you've been refunded, and then it is over.

Here's hoping this will be resolved speedily.
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Old 15.08.2021, 13:36
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Re: Seller refuses to sell - Ricardo

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If you haven't yet paid, then that's the end of it, apart from reporting the matter to Ricardo, neutrally.
Not true.
The seller is obligated to deliver as contractually agreed. OP could drag them to the courts for this.

The question is however if it's worth the cost, time, and effort. For most people that answer is an unambiguous "Hell, no!".
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Old 15.08.2021, 13:55
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Re: Seller refuses to sell - Ricardo

Happened to me already a few time, especially buying items that turn out to be a really good deal (for me). Reasons most often given:


- My (fill in family member) wants to have it

- It is or has been broken
- The family decided against it
- I made a mistake with the pricing (how dare you think you can buy at this price!)


The last one happened to me some times already, buying and being confronted with a "of course this is not the real price". Unfortunately, Ricardo is very protective for the seller, so even when leaving a negative feedback you will normally receive one in return from the seller. So no point at all, call Ricardo and their customer service (chf 1 pm) will just shrug and tell you to contact your legal insurance instead of bothering them...
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Old 15.08.2021, 15:26
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Re: Seller refuses to sell - Ricardo

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Happened to me already a few time, especially buying items that turn out to be a really good deal (for me). Reasons most often given:


- My (fill in family member) wants to have it

- It is or has been broken
- The family decided against it
- I made a mistake with the pricing (how dare you think you can buy at this price!)...
When that happened to you, had you already paid the seller anything? If so, did you get your money back, and if yes, how?
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Old 15.08.2021, 16:23
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Re: Seller refuses to sell - Ricardo

The OP doesnít mention if payment has been made.

If it has they deserves a refund,
If they havenít he canít force the other party to complete the transaction.

If it really is broken, the OP should be thankful.

If it isnít well, what can he do?

He should alert Ricardo as they are probably expecting their commission.
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Old 15.08.2021, 16:37
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Re: Seller refuses to sell - Ricardo

Ricardo has a buyer's protection in place, up to a certain amount you get the money back.



They describe the procedure to take against the seller IF you have paid already, on their website. It basically means sending a few standard emails stating a delivery deadline, and including a formal statement you wish to withdraw from the transaction in the last email reminder you send. You need to keep a copy of these emails and eventually fill in their form and send it to them.



So far the sellers have with me always refunded or sent the item after the first email reminding them of their obligations. Keeping your email short, factual and to the point seems to help a lot.
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Old 15.08.2021, 16:44
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Re: Seller refuses to sell - Ricardo

A few years ago, albeit in the UK, something similar happened to me.


Won an item on ebay at a really good price, and then paid. Two days later, the seller messaged me saying their dog damaged it and refunded me the money.


At the same time, I saw that the seller had relisted the item on ebay as buy-it-now (for more than I won at auction), and the listing had closed for around 100 pounds more than I had won it at.


I wrote them a polite email stating that as per UK law, once the hammer falls at auction the item is my legal property. As such, they had the option of either sending me the item (if they still had it), or paying me the difference between what I paid for it and what they sold it for. I quoted a few web articles and threatened legal action (small claims court in the UK costs £25 and doesn't allow lawyers)



Surprisingly, the day after, without too many questions, the seller sent me a paypal payment for the £100 or so. I was pleasantly surprised.
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Old 15.08.2021, 17:23
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Re: Seller refuses to sell - Ricardo

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I wrote them a polite email stating that as per UK law, once the hammer falls at auction the item is my legal property. As such, they had the option of either sending me the item (if they still had it), or paying me the difference between what I paid for it and what they sold it for.
That's pretty much the same here, if you're fine with not owning the goods.

The problem lies in determining a fair price, and thus make-good amount. Usually, buy-now means selling below actual value in order to get a speedy sale. So, his buy-now offer is only a floor for the actual value; but if that's a price/difference you're fine with that's all the better.

Good on you for standing your ground
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Old 15.08.2021, 18:22
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Re: Seller refuses to sell - Ricardo

I'm going to take a pragmatic approach here because it has happened to me. I sold something online. It worked.

We arranged the pickup and 20 minutes before he got here, I tried to start the thing again and it fell apart (it was a gas powered garden trimmer). He hadn't paid yet. I called him asap and he turned around and went home.

That was it. Had he asked me to provide him with a new trimmer instead, I would have told him politely and firmly to take lessons in sex and travel. He didn't.

Maybe the guy is bs'ing you. Maybe he isn't. If you haven't already paid, then I would just sing a few bars of "That's life" and move on to the next chapter.

Of course, if you have paid, that is a completely different matter. And you need to be re-imbursed asap, without further ado.
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Old 17.08.2021, 20:08
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Re: Seller refuses to sell - Ricardo

Thanks a lot everyone! Super helpful answers.
No i havenít paid for those who asked. But I was wondering if itís legally possible to do something since there is a binding contract behind. In my home country you can get significantly compensated for that.
Thanks
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Old 17.08.2021, 20:09
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Re: Seller refuses to sell - Ricardo

Not sure about Swiss court cost. But will it worth it to put effort on it for a 1K transaction?
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Old 17.08.2021, 21:00
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Re: Seller refuses to sell - Ricardo

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Thanks a lot everyone! Super helpful answers.
No i haven’t paid for those who asked. But I was wondering if it’s legally possible to do something since there is a binding contract behind. In my home country you can get significantly compensated for that.
Thanks
I answered this in post 4, above, and Urs Max corrected me in post 5. According to Urs Max, you could drum this matter through the courts, but oh, that would take a great deal of effort and costs.

Second-hand goods are deemed to potentially include signs of use, or wear and tear, and private sellers are not regarded as having the same capabilities as professional sellers. So when the seller said he could no longer sell to you as he'd realised that the equipment was defective, an outsider, such as a Court, is likely to think the seller sounds fair and pragmatic, and that he provided a reasonable explanation of why he could not deliver.

This will still be so, even if you were to show that he advertised the same item later. This, if for no other reason that that you can probably show, at most, that it was a similar item, but you're probably unlikely to be able to prove that it was the identical item.

You hadn't paid him, so you haven't lost any money. That's good.
You didn't receive the goods as promised, so you lost the potential to receive the goods as contracted.

"Compensation" in Switzerland is regarded, in general, as being only to restore unto someone what they have lost, materially. Therefore, if there is a case, it is only to be about the loss of the item, itself, and not for anything additional, around the blank sale.

Therefore, it would be most unusual and is very unlikely for anyone - especially not at this level of transaction - to be provided a financial settlement to compensate for aspects such as inconvenience, emotional suffering of disappointment, sorrow or regret, for help to recover one's dignity, for days on which the person might have had to get by without having the item they had hoped to purchase, or for the costs of the mails, letters and and phonecalls involved.

If it were me, I'd probably be annoyed, and would make a note of that seller's name, so as not to transact with them again, and would then turn the page and look for another item that seems more or less to fit the purpse. I'd much rather do that than fight my way through a Court system which isn't built for this kind of dispute within a culture that, in general, finds the "compensation" notion odd and often a little nonesensical.

I'm not saying you don't have a right, as I think Urs Max is correct that you do. I just would never want to sacrifice my free-time and nerves for such a cause, knowing that you're unlikely to win, from it, neither a shiny new TV, nor that particular TV that was not sold to you, nor enough money to buy an equivalent item new, nor any "pain and suffering" type of compensation.

Last edited by doropfiz; 17.08.2021 at 21:22.
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Old 18.08.2021, 03:01
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Re: Seller refuses to sell - Ricardo

Puffff what a great answer! You are completely right I wouldnít waste my effort there! Iíd just leave it like that.

Now, Iím really curious since I wouldnít do that but a guy at the office told me I could ask for debt enforcement (Betreibungen) and I kept wondering, if thatís true can i just simply point anyone and say he/she owes me!???!! That is crazy! ( again is just curiosity since the guy owes me no money)

Really great points and answers guys.. didnít expect it! Cheers to all the EFrs!
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Old 18.08.2021, 12:19
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Re: Seller refuses to sell - Ricardo

At least you can leave a negative review on Ricardo and once the seller retaliates, ask Ricardo to remove his/her review. This works pretty well and the retaliatory reviews are removed promptly.
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Old 18.08.2021, 12:32
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Re: Seller refuses to sell - Ricardo

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... a guy at the office told me I could ask for debt enforcement (Betreibungen) and I kept wondering, if thatís true can i just simply point anyone and say he/she owes me!???!! That is crazy! ( again is just curiosity since the guy owes me no money)
You can read all about debt enforcement (Betreibungen), here:
https://www.ch.ch/en/debt-enforcement-bankruptcy/

I don't see how it could apply to your non-selling Ricardo seller.
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Old 18.08.2021, 14:42
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Re: Seller refuses to sell - Ricardo

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Not true.
The seller is obligated to deliver as contractually agreed. OP could drag them to the courts for this.

The question is however if it's worth the cost, time, and effort. For most people that answer is an unambiguous "Hell, no!".
So at the end your answer is similar: not much can be done.
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Old 18.08.2021, 14:54
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Re: Seller refuses to sell - Ricardo

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Not sure about Swiss court cost. But will it worth it to put effort on it for a 1K transaction?
Seriously... asking about court costs to sue a seller over not delivering a used TV that might indeed be broken (you have no way of proving it isn't) and that you haven't yet paid for yet? I think you need to re-assess your priorities.

Last edited by Chuff; 18.08.2021 at 15:05.
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