Private Seller - Buyer Asking for Refund on Gumtree?

[Nicole]

Hi Graham,

which state are you in? Have a look here:
http://www.consumer.vic.gov.au/#/shopping/online-shopping/buying-from-a-private-seller-online

I think buyer doesn't have the right for refund if he just changes his mind and decides he doesn't want them.

 

[Graham]

Hi Graham,

in which state are you? Have a look here:
http://www.consumer.vic.gov.au/#/shopping/online-shopping/buying-from-a-private-seller-online

I think buyer doesn't have the right for refund if he is just change his mind and decide he don't want them.

Hi Nicole , thanks for your assistance. I am in nsw and buyer in qld. Buyer has stated item is not suitable for his needs. Item is fine just not what buyer wants now.

 

[winston wolf]

Have a look here http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/
There is no simple solution. Remember to keep notes on every communication, what was said and when, just in case is goes further.
Respond in a calm way and if you think the calls are harassing http://exchange.telstra.com.au/2012...come-and-nuisance-phone-calls/comment-page-3/

 

[nicolas_b]

Hi,

Sorry for digging up a quite old thread.

My issue is the following:

I’m from overseas, in Australia for a limited time only (one more year normally). My girlfriend got pregnant therefore we gave up the motorbike for a car. And for the soon-to-be born baby, we needed a car seat.

Not really aware of the applicable Australian Standards, I bought a second hand car seat from the #1 brand in Europe (which also sells in Australia) on Gumtree for 250$.

When I went to a certified restraint fitter, he informed me that this specific baby seat model did not comply with Australian Standards (it was without doubt purchased overseas), and is therefore not suitable for the car and illegal.

An information confirmed by the manufacturer and by NSW Centre for Road Safety.
The seller didn’t mention that the seat was purchased overseas and did not comply with Australian Standards.

I know that a commercial reseller can get in trouble for selling not Australian Standards items that, by law, have to comply.

What about a private seller?

I could resell it myself, but this wouldn’t be fair. I’d like to withdraw from the sale, but would like to know if the fact that the item is illegal in Australia will give me more leverage.

Thanks in advance.


P.-S.: I’m in NSW

 

[nicolas_b]

Note: the seat is perfectly safe - maybe even safer than some approved models - and would suit newer Australian cars with Isofix. Still, the fact is: it doesn’t comply with Australian Standards.

 

[Hugo Pepper]

So I sold my Xbox on gumtree for $330 and was in perfect condition when sold, 2 months later he has ask for full refund because it is supposedly stop working. I am only young and made a mistake of saying yes to a refund and then reconsidered what I said and didn’t think I needed to pay for a refund. And then sent me threats like “I know where you live and your messing with the wrong guy”.
Is consumer legally aloud to ask for full refund, if so do I have to pay?