QLD Buyer wanting to return something from a Gumtree sale for not having transferable warranty

Discussion in 'Australian Consumer Law Forum' started by redarrow, 4 February 2019.

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  1. redarrow

    redarrow Member

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    Hi all,
    Recently I sold a camera that I had bought mid last year, which is known to come with a 10 year warranty. I advertised and sold it on Gumtree with very basic model specs. When requesting payment with Paypal through the GT app the buyer claimed he would prefer to do a Paypal to Paypal transaction outside of the GT app as it gave him more buyers security.

    I received payment and express post the item the very next day (QLD > VIC) and a few days later the buyer began messaging me again about not being able to transfer the warranty; absolutely no mention of the camera or how it performs.

    Long story short, should they put through a dispute am I obliged to refund them? I would have thought second hand electronics are as they come (exceptional working order in this case) and warranties aren't included in the sale.

    Thanks a bunch!
     
  2. Scruff

    Scruff Well-Known Member

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    They only have a right to a refund if you misled them by stating or implying that the camera is still under warranty and/or that the warranty is transferable when it isn't.

    If the advert doesn't say anything about a warranty and you didn't say anything about a warranty in any correspondence, then you have not misled them and you do not have to take the item back or give a refund.

    You say "which is known to come with a 10 year warranty" - If this is "common knowledge", meaning that people who are familiar with the brand generally know this without being told, then the same applies to the warranty not being transferable.

    In short, a person can not claim that it is common knowledge that an item comes with a 10 year warranty and at the same time claim that it is not common knowledge that the warranty is not transferable. In fact, it took me less than 2 minutes on Google to find countless forums dealing with this exact subject in relation to cameras.

    The "common knowledge" out there on the internet is that warranties for cameras and accessories (such as lenses etc) are not transferable and that if you have a problem with a second hand item but have the original receipt, most people provide the same advice as a workaround - which I will not repeat here.

    The buyer should have done their homework and if they didn't, that is not your problem.
     
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    #2 Scruff, 5 February 2019
    Last edited: 5 February 2019
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