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WA Items Bought via Gumtree - Expired or Missing - What to Do?

Discussion in 'Australian Consumer Law Forum' started by unhappyWA, 17 December 2014.

  1. unhappyWA

    unhappyWA Member

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    Hi there
    I recently bought beauty therapy items from a Gumtree private seller who said she closed her salon. She sent me pictures of what I would receive and we agreed on a price. On the day of pickup, everything was boxed up and ready to go - but when I got home unpacking the goods I realised that some items were missing, other bottles were empty and expired goods which the seller never mentioned. I contacted her with my complaint and she basically said what I received was worth more than I paid so she can't understand why I'm complaining. I said all I wanted was to receive all the items pictured that I paid for as I think that is fair. In total, 108 beauty products were either missing, empty or expired, not to mention the other items I also didn't get.

    What are my legal rights under Australian Consumer Law? All I want is the goods I paid for that you can clearly see in the pictures or I'd like a partial refund for the damages. Will that be possible? The seller says I can sue her if I want to. Any help would be greatly appreciated :)
     
  2. unhappyWA

    unhappyWA Member

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    Any help would really be appreciated :)
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi UnhappyWA,

    Basically, purchases from a private seller do not come under consumer law protection (i.e. not purchased from a business). Therefore, your options are to negotiate with the private seller privately or take action in WA Magistrates' Court for breach of contract and/or misrepresentation. For private sales, the buyer-beware principle applies. Basically, you take the risk of the products not being according to pictures/description/faulty and suing them in court.
     

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