QLD Bought Counterfeit Gucci Watch from Gumtree - Sue for Breach of Contract?

[Oli424]

If I have bought a second-hand Gucci watch for $570 on Gumtree interstate, payment was made through bank transfer. After I received the watch, I found that it was defective and requested the seller for a refund but it was refused as he claimed that the defect was the result of improper handling during delivery. So I brought the watch into Gucci dealer for repair but was certified that the watch was a counterfeit! It was not a genuine Gucci product.

How can I get my money back under Australian Consumer Law? Can I sue for breach of contract since he said it was a genuine Gucci watch?

FYI, I am from Brisbane and the Seller is from Sydney.

 

[Tim W]

Going only by what you have told us here,
missing facts missing, and unstated if, buts, and maybes not allowed for,
unless the seller was a business ("in trade or commerce"),
you probably don't have any remedy under the ACL.

Have you considered a small claims action?