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

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Oli424

Member
17 January 2016
3
0
1
Canberra
If I have bought a second-hand 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.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
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?