Nightmare On Gumtree (Buying & Selling)

L[Deactivated] on 29/11/2016 - 15:06
Last edited 05/12/2016 - 07:57 by 1 other user

Hello everyone,

I purchase a brand new Dyson vacuum cleaner early this year. I bought it from a guy in Gumtree where he said he got it from Harvey Norman. I trusted him because the vacuum cleaner looks new ( no single scratch at all).

Around a week back, I posted an ads in Gumtree trying to sell the vacuum cleaner due to no longer needed. I advertised it with the model as the title plus attached multiple photos of the vacuum cleaner itself and with all the accessories. In the description, I just wrote "Excellent condition. Powerful Vacuum." as I am too lazy to wrote more information due to the title explain the item itself.

A women interested with the vacuum cleaner and contact me with bunch of question. I have explain to her that I got it brand new early this year and I no longer needed due to I have a Samsung robot who can vacuum the unit. Later that day, she ask her fiance to paid for the item and pick up the vacuum cleaner roughly around 4pm.

When her fiance came to pick up the vacuum cleaner, I show him the photo of the vacuum cleaner plus pointing in details all accessories listed in the ads. I also wanted to tested the vacuum but her fiance said do not need it as he trusted me.

Around midnight, I got a text from her saying that the vacuum cleaner is not as what she expected. She said I lied to her about buying it early this year as that is not the model as she expected. and asking if she can have her money back. In the morning, I replied to her explaining that I did not lied to her and she could not have her money back as I do not think refund policy is there for buying selling in Gumtree.

After my replied, she keep accusing me that I lied about buying it early this year. She said that she also contacted Dyson, and Dyson said it is bought in December 2010 and threatening to proceed further action if i did not give her back her money.

I then replied to her mentioning that there is no refund policy. Beside, her fiance already inspect it (comparing with the photo that I posted in the Gumtree ) before he paid for it.

What should I do? I do not want to give her back her money as her fiance has inspect the item before he paid for it.

What is the best way to do it?

Thank you in advance for all your opinion or comment and apologies for super long story.

Note: I have delete the post from gumtree but google have a cache of the ads. here is the link: http://webcache.googleusercontent.com/search?q=cache:ptT5C1h…

Thanks guys for all the suggestion about my issue. I am glad that I went for the right place to seek for suggestions.

Poll Options

  • 51
    Return her the money and take the vacuum back
  • 370
    Just ignore her
General Discussion

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Comments

    • [Deactivated] on 30/11/2016 - 07:29

      She bought the item.

      • tomsco on 30/11/2016 - 09:17
        +1

        Transaction took place between you and her husband.

        Say for privacy reasons you are only able to speak with him.

  • AMLagonda on 30/11/2016 - 01:32

    She changed her mind Probably, that or is trying to swap her broken one for yours.

    • [Deactivated] on 30/11/2016 - 07:31

      That is what i am worried about. I do not mind to give her money back. It just kinda weird when she reliase that she did not need the item half day after her fiance took it.

  • John on 30/11/2016 - 02:28
    +1

    Her loss. She has no ground to sue you. She may continue to harass you but if the cops involved you will more likely get a protection. If I were you I would point out this (in a smarter way obviously) and start ignoring.

    PS: i hope you didnt do the transaction in your house? If they are desperate they may get aggressive. In which case you may need to involve the police

  • cdaddy on 30/11/2016 - 03:39

    No bikies option?

  • rothsa on 30/11/2016 - 04:12
    +16

    Sorry to say, but I would have to agree with the purchaser here. You sold her the item as having been purchased brand new earlier this year. She bought it in reliance on this fact. This fact however, was simply untrue.
    The reason I find this important is that she could have (and I would have) been happier to pay more for a vacuum cleaner that is less than a year old, as it would be covered by manufacturer warranty for up to 2 years from the date of purchase (which she was told was less than a year ago). She was misled to your advantage. If you had been upfront initially having stated that you bought it "as new" from another seller earlier this year without a receipt, my opinion would be completely different.

    • [Deactivated] on 30/11/2016 - 07:46
      +4

      No need to say sorry.. that is the reason why i open this forum to get everyone comments and opinions. Is electronic have 2 years warranty? I thought most of them only have 1 year? Let said if i am being nice return her money back, what if she or he do or did change the parts inside? The reason why i said this is because it took her almost half day to figure out that she did not want the item.

      • rothsa on 30/11/2016 - 08:39
        +8

        When I had issues with my vacuum (different brand), I was told the warranty period was 2 years. Most manufacturers seem to be taking this approach for valuable electronic goods (such as phones) these days. I think this is to avoid potential breaches on their behalf of Australian Consumer Law.

        There was no mention of a concern of parts-swapping in your original post. The suggestions seems to have been made by Xetrok, and you adopted it in a lot of your replies since. It assists your case, but wasn't in line with how you presented it originally (namely, that the item was brand new, when it was not). I think a lot of people here have taken an approach too harsh against the buyer. Some are saying that it's strictly buyer beware, especially on gumtree. This is true, but not when an explicit representation has been made by the seller that was not true (as was the case here). I would't be happy if I was the buyer, since I only buy 2nd hand goods that are within warranty. I would have bought your vacuum cleaner on the assumption that I had at least a year of warranty left over. To me, this is crucial, and I wouldn't have purchased it otherwise.

        • [Deactivated] on 30/11/2016 - 08:52
          +1

          As I said, although i sell and buy lots of stuff in gumtree, I never have issue before. Therefore, I do not have any idea what would happen. That is the reason why I raised this forum. By opening this forum, I am expecting to do the right things when i have enough input from everyone. Thank you

        • [Deactivated] on 01/12/2016 - 20:42
          +2

          If warranty was important to me, I would ask for the proof of purchase.

          No proof of purchase? Drop price to no warranty price if not I'll walk.

      • wyrmy on 30/11/2016 - 09:31
        +5

        Dont latch on too much to the half day delay. Not everyone has the time or excitement to immediately play with every purchase immediately.

    • godofpizza on 30/11/2016 - 10:49

      i would agree with this too, but if she was under the impression that there's some warranty or proof that it was brand new, then she should have asked for a receipt. Or asked where you have brought it from.

      Also she should have picked it up herself rather than put the responsibility on someone else.

    • wozz on 30/11/2016 - 10:56
      +1

      Whats to say it wasnt an old model purchased new from a retailer? This is buyer beware in any case

    • guysmiley on 02/12/2016 - 01:57

      Unless the seller provided proof of the original purchase, then the item could not be considered to be purchased "as new" in the original purchase.

      In this instance, the buyer should have made themselves aware of what the item was and if there was any remaining warranty that could be applied before purchasing the item.

      As the listing was not fraudulent nor misleading, and the transaction was not undertaken under a Sole Trader license the Australian Consumer Law, DOES NOT APPLY.

      It would be purely at the discretion of the seller to offer, and provide a whole or partial refund.

  • Brianqpr on 30/11/2016 - 08:15
    +4

    Sold as seen. She's got nothing and should take.it up with her partner, or sell it herself.

  • phil170258 on 30/11/2016 - 08:21
    +1

    I believe you unintentionally mislead her, too. You said you'd bought the Dyson 'new' which most people would interpret as meaning you bought it from a retail outlet. That wasn't the case. I think you have a moral duty to refund her money.

    • [Deactivated] on 30/11/2016 - 08:26

      That is why i open this forum.. if most of you suggesting me to refund her money due to my fault, then I will do it. As I mention on top, I am just worried that she might swap the parts.

      • cheng2008 on 30/11/2016 - 12:39

        The question is though, how can she return it to you in a way such that you're satisfied that she hasn't swapped anything, and she gets her money back?

    • AMLagonda on 30/11/2016 - 12:29
      +1

      No he does not!

    • guysmiley on 02/12/2016 - 02:00

      What you "believe" has no bearing.

      If that was what the buyer interpreted, then that is her fault, not the seller.

      As the seller is not a sole trader, nor operating under a business license, there is no obligation, legally or morally to provide a refund.

  • SnoozeAndLose on 30/11/2016 - 08:28
    +3

    There are so many different version of DC23 and the photo that you have on the web is not a good one too, half of the unit is hidden by the suction tube, could not see clearly the actual unit.

    YOu could see how to take photo of the model so that to avoid argument like this

    I think the buyer also have responsibility to check the item, the lady should tell her fiance the model that she is after and compare.

    All in all, all sell on Gumtree is final.

  • yjun355 on 30/11/2016 - 08:30
    +6

    Surprised the community is leaning towards ignoring her. Obviously, you didnt do anything wrong. However, from her side it seems she just made mistake as she thought it was something else. I vote for you being better human and releive her of stress and cancel transaction. Give the money n take the goods. You can list again. You get bonus points at humanity level and doing something good :). Also get stress for everyone including yourself.
    Its like pricing error deals on ozbargain n in good faith they honour it.

    Just my opinion. Its your decision in end.

    • [Deactivated] on 30/11/2016 - 08:34
      +5

      To be honest, I am considering about this.. I am just worried that parts got swap and nothing I can do after that.

      • SnoozeAndLose on 30/11/2016 - 08:42

        Can you check and inspect before accepting it in the public?

        • [Deactivated] on 30/11/2016 - 08:50

          Im not sure as well..

        • kolorijo on 30/11/2016 - 09:59
          +3

          @doremoon:
          Don't do it, the sale is final and you will be kicking yourself if she swap some of the parts or she broke your vacuum.

        • wozz on 30/11/2016 - 10:58

          @kolorijo:

          Agreed. What if her or her partner has opened it up and swapped internals that you can't see. Can see their frustration, but you never said it was this year's model.. some retailers do sell old model stock so regardless its buyer beware

      • donkcat on 30/11/2016 - 09:01

        Could you offer a discount instead if that will keep her happy?

        • [Deactivated] on 30/11/2016 - 09:10

          I am not sure as I have not read or reply her text anymore after I explain that I am not lying and I did bought it brand new.

        • jenkemjunkie on 30/11/2016 - 09:15
          +4

          @doremoon:

          You didn't buy it brand new mate. You bought it off scum tree 'unused' apparently. Don't try and convince yourself otherwise. Still don't refund her though

    • chriskq on 02/12/2016 - 09:27

      Why can't the buyer resell. I've had to do the same thing on purchase before (second hand samsung note 1 on eaby, lost about $25 - meh)

  • [Deactivated] on 30/11/2016 - 08:40
    +1

    You cannot just trust someone and then figure out that you have been scammed. When someone is buying second hand goods they MUST make sure that it is in expected working condition by checking it thoroughly or else they should not whinge later when it's different.

  • [Deactivated] on 30/11/2016 - 08:45
    +7

    I have seen this a lot on Gumtree.
    Seller advertises product is new.
    Then after a few more questions they say ' its only been used once maybe twice but it looks new and no scratches '
    You don't know the history on a 5+ year old product
    Unless you bought it from a retailer with its full warranty,
    it's SECONDHAND

  • Seraphin7 on 30/11/2016 - 08:50
    +3

    Buyer beware. Anyone buying goods on Gumtree surely understands all items are sold "as is"?

    • ahara on 01/12/2016 - 23:09

      Some don't it seems and expect a raincheck :(

  • jenkemjunkie on 30/11/2016 - 09:13
    -7

    Mate tell her the only further action your interested in is in the bedroom then tell her to kick rocks with her corny ass.

    • pooman on 30/11/2016 - 13:38
      +2

      With comments like these it's no wonder Australia has a domestic violence problem.

      • McFly on 30/11/2016 - 15:08
        +2

        With comments like these it's no wonder Australia has a domestic literacy problem!

      • jenkemjunkie on 30/11/2016 - 16:55
        -4

        I'm more into public violence

  • h0mbre on 30/11/2016 - 09:30
    +1

    You mislead her but she made the mistake of getting her fiance to pick it up and not inspecting it herself.
    I have turned up to a potential Gumtree purchase maybe 5 or 6 times over the years and walked away after realising that I was being mislead or the seller had blatantly lied.

    Gumtree is a dog eat dog environment and you are just like many others on there with the feigning of ignorance in regards to the incorrect use of terminology, tart it up how you like but really its dishonesty.

    Either way, its her loss in the end and you should just ignore her.

  • apple2016 on 30/11/2016 - 09:35
    +4

    Anything you buy from individuals, market places is second hand and has no warranty from manufacturer etc unless the seller is a registered business. For most products the warranty is only for first owner even though it's usually not enforced. I am not sure why some don't understand this.

    • savit on 30/11/2016 - 10:52

      How is manufacturer going to prove that you are not first buyer for the product if invoice is available and warranty is not registered?

      No invoice or another proof of purchase - no warranty whether it is used or brand new.

      • apple2016 on 30/11/2016 - 12:12

        some manufacturers (including dyson) provide the warranty from date of manufacture which can be traced thru serial number. if it needs to be from date of purchase then you need to have a proof of purchase.

        • savit on 30/11/2016 - 13:04

          I do not think that Dyson or other manufacturers can override Australian Consumer law in Australia for the locally sold products, which means - date of manufacture is not important to me as customer for warranty purposes.

  • urzu on 30/11/2016 - 09:45
    +5

    Most of my transactions on Gumtree go smoothly but occasionally you get the typical entitled shopper.

    Some people don't realise that buying off a Gumtree seller isn't like buying in a store. Once the cash has left your hands and you have taken the item away from the seller, you have a contract. There are no refunds, change of mind, or returns.

    Due diligence is required on behalf of the buyer. The buyer should ask the seller to confirm all aspects of the ad, and provide evidence.

    In the case of your vacuum, she should have asked you about evidence of warranty, if that's what she cares about. Perhaps she just bought the wrong model and didn't notice because her partner collected, but that's too bad for her. The street goes both ways now. If you accept a return and refund, you are responsible for checking on the condition of the item you are receiving in return.

    I wouldn't do it as there are now no ways to tell if she has tampered with the item.

    Maybe she bought your and found a brand new one cheaper on Ozbargain?

    • doodo477 on 01/12/2016 - 15:49

      There is a reason why they call it a caveat emptor. I buy off Gumtree if I'm really get a great price, this is inline considering that the item may or may not turn out to work at all when I go and pick it up. It may be covered in dog hair, or been in unforseen places. The women was taking a risk buying off gumtree and with that risk is a lower price for good's. Turning around and expecting a premium product for bellow market rate is just folly.

      If she didn't want to task that risk, she could of purchased the goods brand new from any retail outlet.

  • [Deactivated] on 30/11/2016 - 10:19

    Picked up so many bargains from gumtree from genuine people.
    You sound like one of them and didnt bs or rip anyone off, she doesnt like it or somethi ng went wrong and is scaming you for the money back.

    Its a private sale so there is no warranty period for this and she just has to accept that and move on.

  • Abcxyztpg on 30/11/2016 - 10:20

    She has no grounds mate.

    happened similar thing to me. I sold xbox 360. Guy took it home all good.

    After 2 weeks he start calling. This is slow, multiple lags etc etc.

    I said: Mate you brought it on gumtree not on brick and mortar store. You verified goods when sold.

  • paloverde88 on 30/11/2016 - 10:45
    +1

    Consumer protection legislation do not include private sales only things bought from an entity with a registered ABN number.
    Private sellers Are not a business and are not covered by consumer protection.
    Private sales always gives the buyer plenty of opportunity to inspect and try before handing the cash if the buyer is stupid there's no law to protect that.

    • [Deactivated] on 30/11/2016 - 15:53
      +1

      My understanding consumer guarantees apply if you operate as business. You don't need an abn.

  • [Deactivated] on 30/11/2016 - 10:56

    I think you should refund, whatever (wrong shade of plum) it doesn't matter.
    Consumer protection legislation may not include private sales but its just the decent thing to do. Its not as though she had it a week and hoovered Centennial Park. Also her fiance 'inspected' it, so as far as she's concerned that's not going to mean much.
    Not refunding in these circumstances is a bit curmudgeonly. She also sounds like a bit of a bat, so not the sort person you need hassling you.
    If it's as you have described then you shouldn't have any issue finding a happier customer.

    • McFly on 30/11/2016 - 15:20
      +3

      Also her fiance 'inspected' it

      Exactly…

      so as far as she's concerned that's not going to mean much.

      … which is her problem, not the sellers.

      He inspected it and still went ahead with the transaction. Let her get a refund from her fiance!

  • godofpizza on 30/11/2016 - 11:00

    at least the vac works right?

  • savit on 30/11/2016 - 11:30

    Some are genuine buyers, some are genuine morons. Some are genuine sellers, some are genuine liars. Usually - good people and some exposure to extremes.

    In any case, Gumtree buyer or seller should do the homework (product worth and condition) before commitment to avoid headache later.

  • benderz on 30/11/2016 - 11:50
    -2

    Personally I would accept a return and resell it. She was under the impression she was getting a 12 month old model at most, and it turns out not to be the case. It's debatable who is responsible for this misunderstanding but you can be the good guy and resell it.

  • marcusv on 30/11/2016 - 12:29
    +10

    I sold most of my furniture on gumtree before moving interstate, every single person I dealt with was an absolute muppet. I had someone come to collect an 8 piece dining setting in a small convertible, I had someone try and pay for a desk with a stolen bike and people calling at 3am to ask about a bed.

    • savit on 30/11/2016 - 13:17
      +6

      LOL. I sold once a standing fan on Gumtree, the next day the guy (indian taxi driver) says - you sold me sh#t, it does not blow the hair!

    • matt_will_fix_it on 30/11/2016 - 15:01
      +4

      people calling at 3am to ask about a bed

      Maybe they didn't have one and couldn't sleep :)

      • marcusv on 02/12/2016 - 18:08

        No, they were asking stupid crap like can I hold it for them for 3 months when my ad clearly said I was moving interstate in 2 weeks.

  • FatGPT on 30/11/2016 - 15:24
    +2

    OP, just send her a link to this OzBargain discussion. Job done.

  • xjcs88 on 30/11/2016 - 15:59
    +2

    English is not my first language.

    Is there any difference among these words 'Brand new', 'unused' and 'excellent condition'?

    I would only say something is 'Brand new' if it is in the original box and never be unpacked and used.

    • savit on 30/11/2016 - 17:00
      +1

      I would say
      - 'brand new'- never used by anyone, can be without packaging.
      - 'unused' - not used by current owner,
      - 'excellent condition' - the seller consider condition very satisfactory even if was used like there's no tomorrow or has 1cm of dust after 20 years in storage. Example, I purchased once 'bargain' speakers in 'excellent condition' on ebay for $300. The photos were not clear. I drove 150km one way. The speaker boxes were full of cob webs and dust. The original drivers appeared to be replaced by some car drivers once I removed the cover. However, the mature owner was very confident about them and said that they sounded very well before he put them in storage 12 years ago.

      • xjcs88 on 30/11/2016 - 17:05

        Haha, good definitions and EXCELLENT example!

        Thanks.

      • Ughhh on 30/11/2016 - 18:59
        • 'brand new'- never used by anyone, can be without packaging

        What would you call a brand new, never used item with all original packaging?

        Very brand newer?

        People should refer to ebays guidelines when describing conditions so there's no confusions.

        • McFly on 01/12/2016 - 08:18

          What would you call a brand new, never used item with all original packaging?

          Unopened or in original box.

        • Efendy on 02/12/2016 - 12:22

          BNIB - brand new in box. Ebay - Gumtree terminology.

  • bemybubble on 30/11/2016 - 16:45

    Similar thing happened with a boat I sold. Person came and inspected it. I offered him to test drive it, start it, you name it and I gave him every opporunity but insisted 'nah it was ok'.

    He tried to sue me as the boat wasn't what he expected, I spoke to my legal rep and his response was that 'he doesn't have a chance in hell'.

    Hence why with used goods as the old saying goes - "Buyer Beware"

    So ignore them. Or even better tell THEM to seek legal advice ;)

    • savit on 30/11/2016 - 17:13

      I sold a 5 y.o. car on Gumtree in a very good condition for market price without test-drive. The buyer said that his kids have same model. I thought it was a joke until the last minute. Everything went fine. You'll never know…

  • prinsenhof on 30/11/2016 - 17:28
    +1

    I also think it was misleading. Id offer a return thats conditional on the inspection of the device and clearly state that you may refuse the refund if the device has been damaged or is in a condition different to when you sold it. I.e if it was "As new" in box, never used and they gave it a go, then you could reasonably expect to get less money for it now and therefore the sale stands.

  • Baysew on 30/11/2016 - 18:32
    +3

    Offer to issue a Credit Note on your next sale.

  • stonkered on 30/11/2016 - 18:32
    +2

    If you look at it objectively it seems likely that they bought it based on your advertisement which was a little (accidentally) misleading, not because they were targeting it to swap parts, I don't think that's likely to happen, I think you're being a bit paranoid.

    • guysmiley on 06/12/2016 - 00:54
      -1

      It wasn't misleading.

      Did you actually review the ad?

      If they had any issues they should not have bought it.

      More fool them.

      Not misleading, not fraudulent. No refund.

  • nautic on 30/11/2016 - 18:49

    did you tell her that you bought it brand new from a guy and not Harvey Norman…

    If you had known if was a 6 year old model, would you still be happy to take the $450 from her?

    but then again, how much did you pay for it in the beginning?

  • Mrgreenz on 30/11/2016 - 19:17
    +2

    You were misleading in your ad. I feel bad for them if they geniunly expected a brand new model but got a 5 year old one.

    That said I think it's too risky to refund now incase they are trying something

  • Rifraf on 30/11/2016 - 19:20

    Face it, if you donated the dyson to a charity instead we wouldn't be having this conversation………

    • chriskq on 02/12/2016 - 09:30

      whats that go to do with the price of orange juice

  • Typical16-bitEnjoyer on 30/11/2016 - 22:14

    Caveat Emptor.

    They inspected it. Too bad so sad.

    Sure there's avenues they "could" persue for misrepresentation but they would end up spending 3 times the cost of the vacuum just to kick things off.

    Never let scumtree punters meet or pickup from your home in future.

  • DanielR on 01/12/2016 - 08:42

    It seems it is a change of mind from her behalf and she is making all sorts of excuses (of course this is my opinion). Is she still harassing you? - because her constantly accusing you is a form of harassment.

    On top of that I agree with the other comments here, get yourself a $2 sim card and use it for "SCUMtree", it is a terrible place to sell in my opinion.

    I have had one person accuse me too of a TV I sold them which I barely used (it was like new), and it ended up not working - his response was he plugged it in and it blew up after a week, to find that when I subsequently asked him further questions he had issues with the wall point which had destroyed other items previously. Which I explained to him, would of he not learnt from previous items plugged into that wall point? - people try anything these days

  • bobbified on 01/12/2016 - 08:48
    +1

    It's Gumtree. Buyer beware. The fact that someone physically came to inspect the item before purchasing goes further against the buyer.

    The item was as per the picture and it was obviously in working order.

    I wonder what the buyer's reason for contacting Dyson was. Dyson would know the date of manufacture and, unless the product was registered online or something at the time of purchase, there's no way they'd know when it was actually bought.

    Buying a product "Brand New" doesn't mean it's the latest item. Lots of "Clearance Stock" that we see advertised in the shops are previous generation products, but are still "Brand New".

    If OP stated something along the lines "Latest Model", then I'd say that the add was misleading. But he didn't.

    Just ignore the buyer.

  • johnno07 on 01/12/2016 - 15:18

    Seller is useless because they are a typically online seller who was either intentionally or unintentionally misleading. Buyer is useless because they didn't check. Considering both parties are equally useless, whoever ended up with the money wins.

  • godofpizza on 01/12/2016 - 16:05

    even though you mentioned you brought it 'new', from your pics it clearly has been opened and perhaps used at some point with extra parts.
    It's up to the buyer to to check if their happy with it otherwise they can just walk away. If you had listed it as a stock image saying it new in a box and posted it to them and got something else then i would side with the buyer.

    • ronnknee on 01/12/2016 - 17:14
      +2

      Did you even read OP's story?

  • tanksinatra on 01/12/2016 - 18:45
    +1

    "I bought it from a guy in Gumtree"…
    "I have explain to her that I got it brand new early this year"

    lol. You didn't get it brand new, you got it used from a guy on Gumtree. She probably thought it was a 2016 model when it fact it was sold in 2010.
    You should have told her that you bought it used. On the other hand, her fiance did have the opportunity to inspect the item.

  • Rumbaar on 01/12/2016 - 18:55

    Buyer beware, simple as that. Item was inspected and it's their responsibility to ensure it's fit for purpose.

  • gstfree on 01/12/2016 - 19:10

    Second hand private sale- inspect goods, hand over money, hand over goods. Then deal completed. No further obligation.

    Lesson for buyer: risk of buying cheap 2nd hands.

    Lesson for seller: use a disposal phone and complete deal atshopping centre or maccas.

    If the buyer harassing you, you can choose to report her or offer 10% goodwill in exchange of a deed of release.

    • HeWhoKnows on 01/12/2016 - 20:17

      "or offer 10% goodwill in exchange of a deed of release." are you kidding? This would just give her more ammunition. Best just to break all ties. Definitely yes to "If the buyer harassing you, you can choose to report her"

  • HeWhoKnows on 01/12/2016 - 20:15
    -1

    You are absolutely correct. Stick to your guns. What you have said is correct. especially as you offered a test run. Ignore her messages. besides you don't know what the bitch did with it anyway. Plenty of people that don't know how to use vacuum cleaners. Good luck.

    • stonkered on 01/12/2016 - 21:30

      Or worse, what the fiance did with it.

      • HeWhoKnows on 09/12/2016 - 21:13

        yes. Thanks for reminding me. Correct

  • Untameable on 01/12/2016 - 20:35
    +1

    I sell a lot of old household stuff and electronic goods (like my old camera, laptop, etc etc) on Gumtree. I've never had anyone come back with a complaint.

    Given the situation you've described I would allow a return and refund. There has obviously been some miscommunication and I don't like leaving people unhappy who also know my address.

    Yes there's no refunds and no warranties but there's common sense. On a $450 item if something reasonable and non-scammy happened and they contacted you immediately then I'd have to give them the benefit of the doubt.

    As an example I had a 42" LG HDTV for 5 years. It was pretty awesome but I upgraded and gave it to my mum, set it up, and it was all working fine. Less than a week later the tuner somehow broke, just one of those things (and sadly too expensive to repair). She was pretty devo but shit happens.

  • totalgadget on 01/12/2016 - 23:24
    +1

    OP .. I read the ad, I too was mislead with the ad if I don't read the post. There is no serial number or model number. Its vague. She went with your ad and word which is her fault to trust the seller blindly. If I'm in her place I would have thought your ad as scam as it doesn't offer info.

    My view points is, if buyer is genuine with her actions the following answers to your questions raised.

    You mentioned she has taken half a day. It depends on the time of sell as most of my gumtree dealing are evenings after office hours. So need time to recheck, which they would have taken time and got confirmation from dyson and after that she would have called you. So if deal happened after 5 , he should reach home in peak traffic and she tested it and verified with dyson or internet and then she would have contacted you again. I dont know dyson has support after 5 pm to confirm.

    Yeah I accept she should have been along with her fiance, also it suggests from your explanation he is not having any idea of the vaccum cleaner she is after or buying. I think he didnt ask to verify the machine as he believed you based on your location of your place (yeah it matters when dealing a transaction). I reckon my experience In my case when i sold an item, contacted by a lady and said she is coming to pick it up. Then a gent turned up at the time to pick it up. I was unsure its a scam so called her to confirm even though he introduced himself properly. Lucky he is nice and transaction went good. I feel sometimes its out of their security they might send male partners.

    i feel if i'm buyer ad was misleading and feel cheated, but on her part she should have asked right questions even though it might annoy you, not blindly just trusting you/your ad. Don't take me wrong. Be in there shoes then we can understand.

    I understand your fear too. Now we are in a time where 'Trust' is a rare commodity :(

    So.. what you feel if you are buyer here then take the appropriate action. Your impressions on them when you talked/saw him tells whether they are scammer or they got mislead with your ad. Don't say I would have done this or researched it. Sometime everyone does mistake of not doing correctly as in this case, otherwise this situation doesn't arises. If you feel cheated as buyer then they would felt the same and they tell others gumtree sellers are scammers :)..

    If you have chance to correct it then better do it.

    Sorry if any of my wording sounds harsh.

    • guysmiley on 02/12/2016 - 01:37

      The model number is in the title, and it is listed as used.

      This listing is neither misleading nor fraudulent.

      The buyer was given the opportunity to inspect and even test the item, and if the seller wanted more information about the item they should have asked.

      There is no responsibility, in this instance, of the seller to offer a refund.

      end of story, no more story.

  • guysmiley on 02/12/2016 - 01:30
    +1

    Look, the bottom line is that you listed a Dyson DC 23, that model has been discontinued for some time, a modicum of online research will tell you that. You didn't say that the item is brand new, as per your original listing.

    When purchasing through gumtree or any other private sale, consumer law guarantees of acceptable quality, fitness for purpose etc DO NOT APPLY. Therefore it is "buyer beware". The buyer must satisfy themselves of the adequacy and quality of the product before purchasing it. And, in this case, it sounds as though the buyer was unhappy with her purchase, which is not your fault.

    Firmly refuse to refund anything to the buyer. Your listing was not fraudulent, nor was it misleading.

    As this was private sale, and you were NOT selling under the banner of a sole trader, or part of a business, then the Australian Consumer Law does not apply.

  • xuqi on 02/12/2016 - 02:05
    +1

    All she had to do was Google the model to get an idea of the approximate release period and reviews of the unit:

    http://www.productreview.com.au/p/dyson-dc23-motorhead.html

  • [Deactivated] on 02/12/2016 - 02:31

    It's understandable due to warranty reasons. You've advertised a product with typical 3-5 years warranty as new a year ago, when according to them warranty wise it was new 6 years ago. That been said, as it's not a consumer sale it's THEIR job to check these things BEFORE the sale. If they ask and you lie it's illegal, though leaving details out is perfectly legal assuming consumer law isn't applicable.

    Tl;dr: Under consumer law you would have to refund this, though consumer law doesn't apply on private sales.

    In the future to be safe it's best to be honest and open about where you got products from ("bought it new off gumtree a year ago" opposed to "got it brand new a year ago!"), etc.

    As a guide:
    Brand new: from a retailer/direct outlet, in an unopened box with full warranty.
    New: unused, though possible opened box, may be from an individual rather than retailer, etc etc.

  • jackary on 02/12/2016 - 02:57
    +1

    I think OP should probably refund - and normally I'd tell the buyer to bugger off…

    There are only 2 other DC23's on Gumtree AUSTRALIA priced at $450 or above, I think OP was probably pushing the limits of what it was worth. And in the context of that price - can anyone put their hand up at all and say they'd pay $450 for a vacuum from 2009?

    Yeah sure sure buyer beware, but in the real world, has anyone buying a vacuum on Gumtree ever hassled around and obtained the serial number, called the manufacturer, and obtained an approx build date? Anyone? No?

    I'm a pretty savvy Gumtree-er but I feel like I'd have taken the photos, 'excellent condition', and again, the context of $450, and also believed I wasn't getting a circa-2009 vacuum.

    Just check over the vacuum carefully, give it a whirl etc and if it seems fine, in good faith refund the money. Just in case she has changed parts, offer to collect the item from her home so you have her address too?

  • Shahrasb on 02/12/2016 - 03:51

    I only sell very cheap items on Gumtree. Stuff that if go unsold, could end up in the local transfer station with a clear conscience. My experience tells me, selling more expensive stuff on Gumtree is trouble. I use eBay instead, far larger audience, no eye contact, no return policy, good quality photos and thorough item description. So, a real customer can make an informed choice while scammers/tightarses are deterred.

  • BorisYeltzen on 02/12/2016 - 04:11
    +2

    You said you got it brand new - that is bullshit… You and her both got screwed. Give her a refund.

    • stonkered on 02/12/2016 - 06:24

      Either OP is being deliberately obtuse or he genuinely doesn't understand the important differences between new and as new.

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