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QLD Purchased from Gumtree - Buyer Wants Refund on Secondhand Goods?

Discussion in 'Australian Consumer Law Forum' started by Brook, 8 July 2015.

  1. Brook

    Brook Member

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    Hi
    I sold 20 sunbaby nappy holders and 40 nappy inserts and liners on Gumtree for $25 plus postage. Before the transaction was completed she asked if the nappies leaked. I contacted my daughter and she reported they didn't. I also checked them before putting them on Gumtree to make sure they were in good condition.

    The buyer is now claiming they leak, have holes in the stitching line and missing studs. I sought advice from my daughter and friends with babies and was advised that they will leak if not used properly. I referred the buyer to Youtube to watch instructions. She wants a refund and is sending me threatening messages.

    What are my rights under Australian consumer law? I would have thought it is buyer beware. I haven't any proof but I think she has changed her mind
     
  2. Tim W

    Tim W Lawyer

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    If this is a "private" sale between two individuals,
    then this may not be a transaction to which the Australian Consumer Law applies.

    The person with the problem will need to show that you are engaged in
    (as the act says) "in trade or commerce" before the ACL comes into play.

    Going only by what you have told us here
    (missing facts missing and unknown ifs, buts, and maybes not allowed for),
    I don't see that you have any obligation to give them a refund.

    But ask yourself this - is it maybe worth returning the $25 dollars,
    if only to get this person out of your life?
     
    Ivy likes this.
  3. Ivy

    Ivy Well-Known Member

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    I second Tim's comments. The ACL is unlikely to apply here as it is a private transaction. Technically you still have common law contractual obligations but really it's not worth either of your time taking this very far for $25. Either return her money to get rid of her or just ignore her (more than likely empty) threats. Many smart phones allow you to block numbers.
     
    Tim W likes this.

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