I bought airpods from someone on Marketplace 2 months ago for CHF 100.- and I did not like them (too big for my ears). I sold them again to someone else a month ago for CHF 130.-. Now the guy I sold them to is saying the airpods are fake. I never noticed that while using them. He tried the Airpods when I gave them to him and approved of them. He now wants to file a complaint at the cantonal police unless I pay him CHF 270.- (price for brand new airpods) until Wednesday. He sent me long and agressive SMS and he looks very serious about it.

What can I do? There is no way I am going to send him 270.- (I’m a student, I don’t have the money lol). I could reimburse him of his 130.- but the way he talked to me in the SMS was really not nice.

Also, I’m black and only have a C permit and he is Swiss and white so I am afraid the police will escalate it quickly.

EDIT: Thanks everyone for your comments. I am reassured.Regarding the being black and C permit thing, I did not say that because I fear for my life or whatever. I think it is important because the police will go with the assumption that I tried to scam him. Also, if the guy files a complaint, this will go in my file (every non swiss person residing in Switzerland has one: [https://reflekt.ch/recherchen/das-schattenregister/](https://reflekt.ch/recherchen/das-schattenregister/)) and may have an influence on how I will be judged when asking for the swiss nationality.

by schakalito

46 comments
  1. Normaly when you dont know that they were fake, the responsibility goes to your seller. I dont know if you are to blame partially. Nevertheless i dont think he will continue to sue you for 130 Francs. And dont send him more than he payed you, it dosnt make any sense you could only give him the money back he paid for it. I would wait and if he really does want to sue you, which costs a lot more than 130 Swiss francs, you can pay him back. What hes doing ist trying to pressure you to give him more money. (If you have proof where you bought it and know the seller you should be okay)

  2. What he did to you, is blackmail, which in an actual crime.

    You sold your used airpods (in as-is state) to him. Whether it is fake or not, remains to be seen.

    Ignore the brat, **or** file a complaint yourself.

  3. Do you have any proof of transaction from when you bought them? If so you should be fine, you got scammed yourself. In no world you need to give him more than what he paid you. Worst case would be, that he can return them and get his money back.

    What he is trying to do now is called blackmail and illegal. Screenshot his messages as proof. He will be in a world of trouble if he goes trough and sues you.

  4. No worries you can ignore all calls, you sold he agreed all good.

    P.s your skin color never ever matters here

  5. He can go file whatever complaint he wants. You purchased and sold an item in good faith; he had the opportunity to try it. He can go kick rocks.

    If you want, you could offer him a refund if he returns the item. Absolutely do not pay him for anything and do not refund anything until you receive your AirPods back (and in the same condition in which they were sold).

  6. .> I’m a student, I don’t have the money

    .> proceeds and buys headphones for 100 CHF

  7. This is Switzerland, it doesnt matter if he is white and you are black. This is not chess

  8. Who cares you are black and he is white.
    You are in Switzerland not in the US.

  9. Please dont! Feel free to go to the police first actually.. This surely is blackmail and cost for new airpods is crazy, why would you need to pay more than he paid you?!

  10. If you have a written proof where you said you can give him back the 130 chf you should be fine

  11. Make the complaint fast.

    From that moment on, anything he does that is unorthodox (illegal) will be turned against him.

    Then, screw him. Your skin color is irrelevant, only the merits of your case are in question.

  12. Step 1: offer the refund (I think that’s done)
    Step 2: keep the log of the conversation

    If he reports you to the police and they want to see you about it (I doubt) you can show them the evidence that you offered a refund because you didn’t know they were fake

    Alternatively go to the police yourself and explain that you are being blackmailed and show them.

    You aren’t trying to scam someone, you won’t get in trouble over a mistake like this.

  13. You should offer him to take those back and pay him the money back.

    BUT I could imagine, that this is a scam attempt. Maybe he will send you fake airpods and keep the right ones. Maybe he is doing it for longer time (buying Airpods and then doing drama)

    The fact that he is getting rude is typical for scam attempts, cause it puts more preassure and “normal – nice” ppl. tend to bend…

  14. Watch out, it might be a scam. He might try to return them to you – but will you recognise if what you’re getting back is the same as what you gave him?

  15. Do you have pictures of your AirPods, specifically any identification numbers? It’s easy to determine if they are fake with that. Moreover, if you do take it back, you have to be sure you’re getting yours.
    BUT, if they are really fake, you might have a talk with the police, I guess.

  16. There is also the question of whether you should have known they were fake. If you bought them for way less than the usual price there is the expectation that you should know they are fake. 100 CHF for used airpods is what any reasonable person would pay, so it’s reasonable to assume they are not fake. So you didn’t do anything wrong. The basic rule of as is applies. There is also no warranty either. So I wouldn’t worry about it.

  17. How’s the scammer – for that’s what he surely is – going to prove to the police that the “fake pods” are the ones you sold him?

    Your defence (not that it’ll ever get to that stage) is “Those are not the ones I sold him”. Case closed.

    Don’t reply to the scammer. He’s hustling you and has no intention of taking it any further.

  18. You sold him something which you probably weren’t aware yourself was fake. Nothing can be done. Best you do is to get it back and refund it and not to escaltate the situation. The police won’t do you anything because you didn’t know. There is always the Presumption of innocence (**Unschuldsvermutung** in german).

    Just offer a refund. If he refuses the refund and asks for more money don’t reply and go to the police.

  19. Go to the police and file a report before he does. This is blackmail.

  20. Also how can he actually prove the items presenting to the police as fake are actually the ones you sold to him?

  21. OP report this guy for blackmailing you! I suppose he just wants to scam you. You surely have enough evidence if he threatened you over text messages.

  22. My best guess is that he is trying to scam you and they weren’t actually fake. But I don’t think that there’s anything one can do a month after the purchase, unless the pictures show that they are fake.

  23. Sounds like he’s trying to scam you. Asking you to pay for brand new product doesn’t make any sense..

  24. Did you take a picture of what you sent him? Did he take a picture of what he received?

  25. Blackmail. Ignore him and screenshot all of his messages. Make sure they can be dated.

  26. Get a Rechtsschutzversicherung (e.g. Justis.ch), you can then ask a lawyer for free what you should do. It’s about 15 chf a month and you can quit after just one month.

  27. Honestly you can safely ignore this clown. Stop answering to him. He is just going to waste time and money if he actually goes to the police.

  28. bollocks! like many in here said
    a) you have the proof of the initial purchase, so if they’re fake that prob should be solved.
    b) you offered a refund, thats more than you should, youre obliged to do
    c) log all the communication, thatll learn him a lesson not to blackmail people again, d) go proactively to the police and file a report about it. dont back-off, law is on you side

  29. Lmao that fucker needs to be taught a lesson, you should go to the police first and tell them you fear for your life showing the threatning messages.

    Very clearly blackmail, sprinkled with a bit of racism (you being black with a c permit most likely playing a role in that dickhead’s blackmail attempt).

    As others suggested, make screenshots of all his threatening messages. Stay cordial and cool, you have nothing to fear. He even tried them and approved of them so he can shove them up his ass.

  30. OBVIOUSLY the buyer won’t go to the police now that he tried to blackmail OP

  31. 2months ago hahaha 😆 he could have swapped your AirPods for sone fake ones and is now blackmailing you. Just block his number.

  32. In Switzerland anything sold privately is sold without the obligation of a warranty or other guarantee of functionality unless there was a contract between you and them which I assume there wasn’t. Ignore him and go to the police. Also for the future, get a legal coverage insurance. Good luck

  33. Buddy tried to bribe you lol no one says “hey this thing you sold me isn’t what I wanted so send me money to buy the thing I actually want” and isn’t a crook.

  34. *Disclaimer*: I’m not a lawyer, take what I say (and everyone else on Reddit for that matter) with a pinch of salt.

    What he does is definitely not okay. It *might* be blackmail, which iwould be a serious crime that you could report to the police. Reporting should be rather simple since you have proof in writing with the SMS messages.

    However, his position has some merit nonetheless. He might be aggressive because he thinks you deliberately scammed him (which many people would probably be if they thought they are talking to a scammer).

    Now to the problem at hand: You have a valid purchase contract with him, which makes him responsible to pay the agreed upon price and you responsible to deliver Air Pods as advertised. You can only cancel this contract if both of you agree.

    If they are indeed counterfeit, you have to supply him with genuine Air Pods that match your product description (You could just buy genuine used ones and give them to him as long as they are in a similar condition like the ones advertised by you). CHF 270.- is ludicrous, even the new 2nd gen Air Pods Pro only cost about 230.- brand new in box at Galaxus or Brack, let alone used.

    First I would try to offer to take them back and give a refund. If he agrees, you’re done with him and never do business with that person ever again. If he does not agree, insist on checking whether they are actually counterfeit. If he refuses, tell him you won‘t pay a single cent. If they are real, tell him to f*ck off of course.

    TLDR: Offer to take them back + refund, If he does not agree, check whether they are counterfeit. If no, tell him to f*ck off, if yes, get genuine Air Pods in similar condition and give them to him.

    PS: If they are actually counterfeit, you can in turn pursue the person you bought them from since they scammed you.

  35. I think it would be nearly impossible to attempt to sync AirPods to you iOS device without being able to tell if they were fake or not. Also, being black and having a C permit in Switzerland is never a concern when dealing with the police, not saying racism doesn’t exist, but Swiss police are not going to make a serious issue of this guy reports this incident even if you are black.

    I’m Black and would take the police being called up on me for anything compared to back home in the States.

    If the AirPods were fake, then you should give the original amount back or least half and you both can share the cost of the original scammer.

  36. Make him say that he did try the AirPods and still bought them and keep the texte he sends you after that even if he does tries to go to the police you will have proof

  37. Private sales are bought as seen.

    He approved of the sale, as did you. You have no obligation of any kind towards him. Personally, I’d tell him to get lost, although the aggressive approach might not be the best way to go.

  38. lol how dumb are some people? We are lost in idiocracy … unbelievable.

  39. I think that a lot of people here are confusing selling a product with an unknow default and counterfeit.

    The former is more or less okay as long you can prove you weren’t aware of the issue, the latter is definitely another story. If you get caught at custom with counterfeit stuff back from holiday, believe me that the “I didn’t know” won’t protect you against a fine.

    Doesn’t mean that I would agree more than a reimbursement of the transaction of 130.- CHF but my final advice would highly depend on detail of this story we don’t have (We don’t know if you any proof or have even check the product legitimacy).

  40. if you sold them and knew they were fake it would be fraud

  41. This seems like extortion fraud to me. I think you should report it to the police.

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