Gumtree Buyer Wants Refund

Ozbargain's favourite topic, here we go!

We purchased a brand new packing machine on ebay last month, but we didn't need it anymore (still new and unopened), so instead of returning it to the ebay seller (which would've been subject to 15% restocking fee and return shipping costs borne by us), we listed it on gumtree.

The gumtree description included a generic picture of the machine we took from the ebay listing, and a generic description about the product. Importantly, we stated it was brand new and sealed.

We received a call from the buyer who was interested in purchasing it. They ran a business in another state and said they could get a courier they contracted to pick it up from our address to their company free (so we didn't have to pay any shipping fee). We accepted, so they deposited the money into our bank account. They picked it up the next day, and that was the end of that…

Fast forward 1 week later to yesterday, they texted claiming the machine was faulty and they want a refund, and that they will be sending the machine back to us. We told them it was a private sale on gumtree and we never offered nor agreed on a refund policy, so we won't be refunding them, and that they should not send it back to us because we won't give them a refund even if we receive it.

However we did tell the buyer that we are willing to talk with the original ebay seller to see whether they can refund us (in full) the money for the allegedly faulty machine, and if we successfully receive the refund, we would refund the buyer the money if they send the faulty machine to the ebay seller.

The ebay seller asked to see video evidence proving the machine is faulty. We asked the buyer to send video evidence showing its faulty (repeatedly) but they repeatedly refused to send a video citing they don't want to because the machine is packed up already and that it took hours to repack and so they didn't want to unpack it and repack it again. We kept insisting the we and the ebay seller needs video proof but they ignore the request. Instead, they start going on about taking us to ACCC and xcat, and we reiterated it was a private sale so we can't refund it and that we are still willing to help if they send us the video and we can maybe get a refund from the ebay seller. They kept ignoring and said they'll take this to ebay which we don't understand because the transaction was on gumtree.

What should we do? I'm inclined to ignore the buyer now because they're clearly not understanding that:
1. It was a private sale
2. We are willing to help (out of goodwill) if they send the video proof, but they're refusing to send the video

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Comments

  • If you know it's the favourite topic, then you already know the answer

      • TLDR: OP sells item on gumtree privately to someone who wants to return after a week citing it's faulty. But the buyer won't provide video evidence of the fault when asked for it.

        OP wants OZB community to tell them what they already know - ignore this buyer.

  • Tell them that it's a second hand item now with no warranty and block and ignore them.

    If they are scammers their next step will be to do a bank charge back.

  • Thanks for making my Friday night. Cheers op

  • +30 votes

    Ignore. The fact they threatened with ACCC and an unrelated platform (eBay), shows they're either a novice or they're bluffing.

  • I'd like to buy the Consonant "N" and the vowel "o".

  • Not sure how ACCC can get involved via gumtree.
    Would like to see how you they'd chase up a warranty for a second hand private sale.

    You didn't put it through the business i.e create a tax invoice?

  • +10 votes

    If the parcel turns up, dont sign for it and reject delivery.

    Private sale and they can ACCC/xCAT all they want. I also doubt that eBay will give a shit.

    And 100% it's the old warranty switch-a-roo. Theirs went dead, purchased yours, sending you the dead one back, and keeping your new one.

    • We can reject delivery to the maximum extent of saying no, closing the door. But what are the chances they just dropped it in front of the door and leave, saying that it was delivered to us?

      Yeah we think that's a possibility but of course there's the possibility that it is faulty, sigh

      • You can just say it was delivered without consent, contact the carrier, and tell them the item was delivered but noone was home to accept it, and you want to return the item as incorrectly delivered and to return the item to sender. The carrier will have no choice but to return the item if it has a senders address, if no address then see what the carrier has to say about what to do next.

      • The sale was complete. After this, if they drop off the item or take a massive dump inside it, it is their loss.

        Your went out of your way to help them by asking them to provide video of the fault. You did not have to do this as it was their responsibility to examine the goods for fitness prior to the sale, which they neglected to do.

        Threats of taking the matter to ACCC or xCAT are all hot air coming out of this baffoon. They have no legal recourse as the sale was conducted via a private treaty.

        Lastly, they cannot be taken seriously if they cannot be bothered to provide video of the fault.

    • Might be pretty hard to reject delivery at the moment.

      I'm having parcels that are meant to be signed for dropped at the front door due to Australia Post policy during the Covid crisis. If its dropped off they'll probably just take a picture to show it was left on your doorstep and call it a day…

  • Why do people buy things on gumtree and then expect store services?

  • Do nothing, its not your responsibility, seems like they dont want to deal with the correct procedue you gave them. Let them deal with ebay, see how far they get.

  • does the machine come with any serial number?

  • They are confused. Ebay Gumtree it's all the same, not. I feel for the buyer if it is faulty, but that is GM or FBM. Nothing you can do. If they want a warranty buy from a store.

  • The fact they won't even show video proof of it broken makes me suspect it's a scam.

    • that's what we're thinking too. they're threatening legal action, and we even told them that the time it takes to unpack the box, take a video of the fault, and repacking it will take less effort than pursuing legal action.

      I doubt it even took hours to pack anyways, it's not a complicated machine.

      • But even if you were the original eBay seller you'd still need proof! Even if you bought it in a physical shop they'd still want proof! This guy is delirious if he thinks you should just trust him.

    • +5 votes

      Probably they used the machine for a a short period of time and then it was no longer of use as they didn't need it anymore. Crooks.

  • My memory isn't clear. But wasnt the last "gumtree refund" topic blown out to like 70 pages long where OZB was on the OPs side for the first 5 pages, then turned on him for the last 65. And it got all deep state with op having multiple accounts and involved typing analysis and enhancing bad photoshoping etc??

    I sure hope yours dosent end up like that OP…

    • I was thinking about any sales where you have purchased a new item and on sold it. It's not like you can check it and it may very well be faulty. Gumtree is really for second hand items where you take the risk of the purchase as it's cheap. If you do it properly face to face you can at least see the item. Check it some what. It could still not work after a day's use. Nothing you can do. Buyer I think just hasn't purchased anything from Gumtree before and saw the cheap price from the Seller.

      I have bought an Ipad mini off Gumtree. Cash transaction. Sealed no warranty. Not going to be able to scream about it if had nothing in it, but had a good look at seals, and it looked legit. Was a great purchase. New nothing won't with it. There would have been no way the seller could have known whether that Ipad was not faulty.

      Yeah will be at least a few pages, but I think the responses will be similar.

  • The ebay seller asked to see video evidence proving the machine is faulty. We asked the buyer to send video evidence showing its faulty (repeatedly) but they repeatedly refused to send a video citing they don't want to because the machine is packed up already and that it took hours to repack and so they didn't want to unpack it and repack it again. We kept insisting the we and the ebay seller needs video proof but they ignore the request.

    I assume it isn't a cheap item. If it was really a good deal taking video of serial number then the problem wouldn't be an issue. Definitely something dodgy going on.

    Plus, if the seller has already being responsive to solve the issue then what is the issue with the buyer.

    But I do have to say to send a courier to pick up (no fee) then return it means it is an expensive item and they are really desperate (to maybe do something not quite right).

    • seems like the only issue the buyer has is not wanting to unpack the machine and film the fault. Either way, we're just going to ignore them because they're clearly being dodgy with not wanting to prove the fault.

  • +10 votes

    It really depends.

    If you list an item as new regardless of whether it is on eBay or Gumtree then you are warranting that the item is fit for purpose if it is advised as new.

    However this depends whether you listed it as a business (quoting an ABN). If you did then the buyer has certain rights and protections.

    However if you’ve listed it under your name and no ABN or business then it is classed as a consumer to consumer sale. It can get a bit murky from here but so long as you prove it as a consumer to consumer sale there’s no to little recourse.

    It then depends on which state you are in as every state has slightly different laws.

    Here is a link regarding sales for Victoria.

    https://www.consumer.vic.gov.au/products-and-services/online...

    The other problem with the transaction is that as you did not supply the transport the risk once the buyer arranges pickup is that the risk of operation is no longer yours. There is nothing to say that the transport company could have damaged the item in transit. Thus the responsibility and liability may rest with the shipping company. There is nothing to say the product was not damaged in transit. As you did not supply the transport and the buyer provided his own transport to collect it you are no longer responsible.

    Your offer to help out with the inoperability is one of goodwill and not one of accepting liability.

    It is no different to eBay. If you don’t supply the shipping then when a third party collects an item or the buyer collects the item direct then there is no further responsibility on your part. It is up to the buyer’s courier or the buyer themselves to satisfy themselves with the condition of the goods before acceptance.

    A further issue that can also arise is whether the buyer properly setup the machine. As you don’t know whether they did or did not then that becomes another issue. They could have done something that results in the equipment being damaged by them.

    Hope this helps. Sometimes buyers can be frustrating when they don’t understand the risks (and benefits) of buying via gumtree.

    • we listed it on gumtree under our personal account, no business attached to it.

      thank you for the clear and thorough write-up, it's what we thought but needed confirmation that we weren't wrong.

  • Dear buyer,

    I have offered my assistance to initiate a warranty claim on your behalf. I am not required to assist in this manner despite what you may believe or insist.

    If you are unwilling to cooperate, I cannot assist.

    X

  • I reckon if they send it back to you and you happen to accidentally receive it (not sure what your volume of deliveries or warehouse is like) then you can double down and send it back to the ebay seller for a refund minus 15%.

    I can almost guarantee it's not going to be the original item you sent them though.

    • gosh we could, but we don't want to do anything to let the buyer think that we're accepting the return of the item in exchange for a refund, because it's not happening. we never opened the box (still brand new sealed), so we dont know what the actual item looks like..

    • That's why when selling anything new or used, take photos of the serial numbers in the event someone who has the exact same item trys to swap it out for their faulty one and claim the one they got of you was faulty.

  • The biggest issue I can see is they have your address OP.

    Otherwise I think you've tried to be reasonable, it is somewhat suspect that they won't provide a video - hardly a big ask.
    I mean a lot of electronic manufacturers will insist on testing something before providing a refund/replacement…

    • yeah, but we have their name and abn and company, so they wouldn't pull anything shady towards us, right?

      i'm well aware that you wouldn't know haha, sorry, just typing my thoughts out

    • I don't think it is unreasonable for the seller to ask for a video. Or good pictures of faulty item. To me it seems odd you would pack it before discussing it with the seller about return.

      If buyer paid by credit card. Could a charge back be done if item returned (but nothing actually sent back, just a box).

      • yeah that's our thinking too - just need some proof that it's faulty, and they're flat out refusing to give that. Now they're threatening legal action because they don't want to unpack the box, and film the fault?

        I'm not getting it twisted, right?

        Buyer paid by bank deposit thank god.

    • he should've filmed or taken a pic of the fault to have sommmee kind of evidence showing the fault - how can he assume that anyone would believe their word without any kind of proof?
      Regardless, as it's a private sale on gumtree, I have no obligation to refund or take it back to inspect it right? We said it was brand new in box (and it clearly was sealed up and everything), so we can't be pinned for fraudulently selling a faulty product while claiming it wasn't faulty?

      • I wouldn't stress over it if you have sold the item sealed as you say and not knowing it was faulty. That is buyer beware on Gumtree. Also it could just be a change of mind return. Remind them you are not a store and you have sold it as new, but there is no caveat for you to do anything in this occasion. You can help, but if buyer doesn't assist your hands are tied. For that matter you have already taken it to far to even assist in going back to your seller on EBay. For all you know your buyer could have damaged it. It may even work, and they just don't even know how to use it properly. Even coming on here for an opinion means you do care about the situation to help buyer, but there is nothing you can really do or have to do. If your side of the story is true about it being a new item.

      • Save or screendump all the email correspondence / text messages or whatever you have. keep it safe just in case. Never know what kind of dodgy the interstate buyer would be up to.

  • Could you ask them for a serial number, stating the eBay seller records all serial numbers of products sold? If the go silent after that or refuse to provide it, you know they're trying it on.

    Easier to also then say you've tried to help, they aren't interested and move on, ignoring all future responses.

    • I dont know if there's a serial number on the machine because we never opened the box to inspect it.

      we haven't actually told the ebay seller that we sold the machine to someone else - the ebay seller currently thinks it's still us who's experiencing the fault. should we tell the ebayer seller that we sold the machine to someone else and that they are the ones experiencing the fault? ebay seller right now is questioning us as to why we're not sending them video evidence of the fault…

      • Ebay will not deal with you one you admit to on-selling the machine. Just delay them if you really want saying covid restrictions. If I were you I'd just block the buyer and move on because they have no recourse against you. No sane lawyer would take their money for this case.

      • Your buyer probably sold it on to a further buyer who is now complaining that the item is faulty and hasn't told you, which is why they aren't sending you video evidence of the fault!

        • Or the buyer broke it and wants to get their money back claiming the machine was faulty.. could be any number of reasons behind it.

          Shame the s/n wasn't on the box or invoice. would have helped.

      • Personally id take the item back as long as everything is the way it was to end the drama (and because they could possibly do a chargeback) on their end then do a return.

  • Did you indicate in the Gumtree ad that it had not been tested?

    Did you buy it from eBay through your own business/company?

    • we indicated on gumtree that it was brand new and sealed in unopened box. doesn't that clearly indicate it has not being tested? No, we didn't say it had not been tested.

      we bought it from ebay on our personal ebay account where we have occasionally sold bits and bobs. but no it's not a business no nor a company.

  • If the get the right legal team and prove it faulty they will have a case against somebody !

    • True, however not viable in most cases unless the item was worth a great sum of money

    • Going to court isn't like it is on TV. To be properly represented for one day in court, it is going to be somewhere between $6000 and $15,000. $15k was my estimate to defend against a ludicrous claim (that included a barrister). It would have been nice if they had told me that was the ex-GST price.

    • No one's is going to go to that extent of time and money unless it's a high value item. I suspect if it goes this way the buyer might drop the fake solicitors letter for retribution of faulty item line or they will take seller to court. Still don't think the buyer has grounds.

  • So what is this item anyway? And how much money are we talking about?

  • What type of packing machine is it?

  • IGNORE

  • Sounds like you've done everything right, if they won't listen, or cooperate, then just ignore them. It kind of feels like they've damaged the machine themselves, or regret their purchase and are just lying. Otherwise it's just weird they're being so uncooperative.

    If you stop responding, sounds like you've got plenty of evidence even if they did choose to press this further.

  • You have wasted enough time so stop wasting anymore time just ignore the buyer and and get along with your life

  • Gumtree Buyer Wants Refund

    Adevinta want their 540 million shares and US$2.5 billion cash back?

    Talk about buyers remorse!

  • I think it is time to be forward with them

    1. You were sold a new unopened item
    2. You have refused to show evidence of any fault
    3. Your claims of a fault appear to be fabricated
    4. Your demand for a refund has been rejected
    5. Do not attempt to return the item without authorisation
    6. If you attempt to return the item without authorisation, you will be given 30 days to arrange it's collection, after which it will be discarded.
    7. All details of your transaction will be reported to the ACCC as an attempted business scam

    I was working in a small business and had someone try the printer tomer scam - they get some employee on phone recording to discuss printer toners. Then a package shows up with generic toner with an invoice priced like genuine toner ($60-$100 difference)

  • Turn the tables around and report them to the ACCC for potential scam

  • Hi, I'm interested in "Packing machine". Is this still available? If so, when and where can I pick it up? Cheers

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