WA Australian Consumer Law - Gumtree Seller Kept 3 Games from Bulk Order

[Zoots]

Hi,

Recently bought several Retro Video Games off Gumtree. The deal was actually made on Ebay as I was selling this person an item. He emailed me and asked what I would give him for these games which he wanted to sell. He provided me with photos of all the games, which I saved. A price was agreed to and the games were sent.

I checked on Gumtree and saw that he had listed the games there as well and the same photos were used. I received the games, checked them off the photos and found 3 games were missing.

I emailed him via Ebay, no reply. I emailed him via his Paypal address, no reply. I checked the Ebay email he sent me and the photos were not there anymore and all his Ebay listings were gone also. I then messaged him 3 times via Gumtree Messaging, no reply.

I checked his listings on Gumtree to find the 3 games there along with his other games. The value he is asking for the 3 games is over $700.

Not sure what to do or if I have any grounds to get them back under Australian Consumer Law.

Thanks.

 

[Sophea]

Hi Zoots,

If you had agreed to purchase those additional games and the seller did not provide them, then yes he is in breach of contract and you are entitled to have the games or a refund for their value. However, private transactions between individuals are not covered by the Australian Consumer Law and you may have difficulty enforcing your rights, seeing as though you didn't go through ebay, and you don't know where the guy lives. Did you pay via paypal? I think you can lodge a dispute through them. But get onto it quick.

 

[Zoots]

Hi Zoots,

If you had agreed to purchase those additional games and the seller did not provide them, then yes he is in breach of contract and you are entitled to have the games or a refund for their value. However, private transactions between individuals are not covered by the Australian Consumer Law and you may have difficulty enforcing your rights, seeing as though you didn't go through ebay, and you don't know where the guy lives. Did you pay via paypal? I think you can lodge a dispute through them. But get onto it quick.

Thanks Sophia, I do have his address and mobile number but no answer there also. I will try the Paypal option, thanks again.

 

[Zoots]

Thanks Sophia, I do have his address and mobile number but no answer there also. I will try the Paypal option, thanks again.

You were right, as I didn't go through Ebay then Paypal cannot do anything.

 

[Sophea]

Bugger. You could write him a formal letter of demand, which sets out what he has done that is wrong and demands that he either deliver the games that were not included or a refund for their cost to you within 14 days failing which you will commence legal proceedings. And deliver it to his address not email.

 

[Zoots]

I think that is my last resort, other than a face-to-face, which I am hesitant to do as things can get nasty very quickly.

I will do a letter as you suggested.

Thanks Sophea, much appreciated.