NSW Australian Consumer Law - Buyer Demanding Refund?

[JulieM]

Hi,

I have sold a dress on gumtree recently and the buyer demands a refund claiming it is a fake. I advertised it as a Sherri Hill Beaded Bodice dress which was exactly the description of the dress when I purchased it from an online store. I never claimed it to be an original and she never asked.

I purchased the dress for around $450, it was a couple of years ago - my daughter didn't like it when it arrived and I have had it on gumtree since then. It had never been worn, only tried on when we received it. I started my add with the price of $350 originally and had reduced it to $200 when it hadn't sold for quite some time. She offered me $150 including the cost to send it to WA, I am in NSW, and that was $13.80.

I agreed and she deposited the money into my account and when it appeared in my account I posted it. When she received it she text me saying it was a fake and she would never have purchased a fake and would send it back demanding a refund of $150. What are my rights as far as this goes?

My daughter has just searched her up on Facebook and has found she has a dress hire business in WA, she had told me that the dress was for her daughter to wear to a function. I'm guessing she was wanting to make some money with the dress and just isn't happy that it doesn't have a designer label on it. If it was a designer label wouldn't she expect to pay quite a lot more for it?

I would appreciate some help on what to do and what my rights are under Australian Consumer Law with all of this.

Regards

 

[Rod]

I advertised it as a Sherri Hill Beaded Bodice dress

This is the issue, you were misleading and apparently deliberately so.

She is within her rights to demand a refund and if she does take it further expect to lose at court. Forget about recovering postage, as this appears to be your mistake, not hers.

From a moral and legal standpoint you should return the money.

 

[JulieM]

This is the issue, you were misleading and apparently deliberately so.

She is within her rights to demand a refund and if she does take it further expect to lose at court. Forget about recovering postage, as this appears to be your mistake, not hers.

From a moral and legal standpoint you should return the money.

Thanks Rod, the thought never entered my mind as to whether the dress was an original or not when I was selling it and there was no deliberate intent along those lines. I advertised it the same way as I bought it online which was a description of the dress. The for sale heading was "Formal Dress". We had no need for the dress and I was only trying to sell an unwanted item not take someone for a ride!!