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QLD Bought Counterfeit Gucci Watch from Gumtree - Sue for Breach of Contract?

Discussion in 'Australian Consumer Law Forum' started by Oli424, 14 April 2016.

  1. Oli424

    Oli424 Member

    17 January 2016
    Likes Received:
    If I have bought a secondhand Gucci watch for $570 on Gumtree interstate, payment was made through bank transfer. After I received the watch, I found that it was defective and requested the seller for a refund but it was refused as he claimed that the defect was the result of improper handling during delivery. So I brought the watch into Gucci dealer for repair but was certified that the watch was a counterfeit! It was not a genuine Gucci product.

    How can I get my money back under Australian Consumer Law? Can I sue for breach of contract since he said it was a genuine Gucci watch?

    FYI, I am from Brisbane and the Seller is from Sydney.
  2. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    Going only by what you have told us here,
    missing facts missing, and unstated if, buts, and maybes not allowed for,
    unless the seller was a business ("in trade or commerce"),
    you probably don't have any remedy under the ACL.

    Have you considered a small claims action?

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