Gumtree Buyer Demanding Refund for Goods Damaged in Transit

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


23 December 2020
I hope someone can give some direction with this one. I advertised a motorhome satellite tv setup on Gumtree in Western Australia. A gentleman from QLD contacted me and made me an offer of $1800 plus agreed to pay the shipping of the items via courier from WA to QLD. I spoke to a courier, StarTrack Express, and gained two quotes for the item. One quote was with insurance on shipping and the other without. I presented both of these options to the buyer. He opted to pay for no insurance. I took photos of the items before they were boxed up to show they were in good order and then shipped them off. The items were wrapped in bubble wrap, surrounded in cardboard, wrapped in clingfilm and then taped with FRAGILE marked tape.

The item arrived in QLD and the delivery was accepted by the buyer. When he opened the box he found a minor component broken, about $200 in value. I initiated contact with StarTrack to try and resolve the issue on behalf of the buyer. The buyer then began sending me a series of emails, multiple per hour, demading a refund on the entire package, quoting various ACL passages, threating to involve police, stating that in fact I broke the item on purpose before selling it and on the list goes. I have kept all communication with the buyer at a calm level, not that I wanted to, and asked him to please wait and allow StarTrack to finalise their investigation into the matter.

I would like to know where I legally stand on this one. I do not want to give him a refund as I sent the item as was advertised and paid for, unbroken and complete. I offered him the option to buy insurance, he declined. The whole experience has been a nightmare and he is constantly threatening me with Consumer Law, including screenshots from eBay policies, he bought it from me on Gumtree. Have I fulfilled my side of the contract under Contract Law? The sale was a private consumer to consumer sale of used goods whic I understand does not come under ACL.