WA Australian Consumer Law - Am I Obligated to Give Refund?

[Cazcaz08]

I had a person buy an activity tracker off me for $50. A couple of hours later, I get a phone call saying it's faulty. This is something I had never used or even charged up and told them this before they bought it.

I told them I'm not a store and I can't offer refunds. They hadn't even had it long enough to charge it properly. Then I get a nasty message calling me a liar then the dad turns up at my house with the device but didn't even show us it didn't work. I then get a message the following day threatening legal action.

Am I obligated to refund their money under Australian Consumer Law?

 

[Tim W]

I had a person buy an activity tracker off me for $50. A couple of hours later i get a phone call saying its faulty. This is something i had never used or even charged up and told them this before they bought it. I told them im not a store and i cant offer refunds. They hadnt even had it long enough to charge it properly. Then i get a nasty msg calling me a liar then the dad turns up at my house with the device but didnt even show us it didnt work. I then get a msg the following day threatening legal action. Am i obligated to refund their money?

The price of making this all go away is fifty dollars.
Get the device back, give them back their money, and move on.

 

[Cazcaz08]

Ok, I can't afford to give the money back and have an item that I don't know what they may have done to, so it doesn't work. If I can't give the money back. Do they have any legal standing to demand it back?

 

[Emge]

Hi Caz, short answer - everyone has the right to commence legal action about anything they wish (very generally speaking).

Do I think the individual would:

1) succeed in a court claim, no.

2) even bother with a court claim where the lodgement fee is more expensive than the device, no.

 

[Cazcaz08]

Thank you