QLD Received Damaged Product - Recourse Under Australian Consumer Law?

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18 December 2016
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I made a private purchase through a Facebook sale site. I was very specific to confirm the condition was as described with no rips or holes and it was confirmed. Upon pick up, the item was already boxed and sealed and due to having the children in the car, I proceeded to pay and left.

The next morning, I took the item out of the box to find there was 3 small rips in the first section I saw. I contacted the seller and sent photos. She immediately apologised and said her partner checked it not her. She agreed to refund but asked to do it 3 days later on her pay day.

Upon contacting her to confirm drop off time, she tells me that the site I purchased off told her that if I changed my mind that was too bad. Is there any overriding Australian consumer law that would cover me due to the condition not being as described?
 

Rod

Lawyer
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27 May 2014
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Not under the ACL, but you have a cause of action under common law misrepresentation.
 
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