When a consumer buys from a private seller this is called a consumer-to-consumer transaction. Examples include a person selling:
- a set of golf clubs on Gumtree
- a vintage dress on eBay
- used books on Amazon.
Note: a private seller may be running a business if they:
- list an Australian Business Number (ABN) or company name on their web page or profile
- have a high volume of items for sale, or
- have been trading for a number of years.
If there is a problem with the product you should follow the steps below:
Step 1 - Know your rights
Buying goods from a private seller is not covered by the Australian Consumer Law. However, clear ownership of the item is still guaranteed, unless stated otherwise before the sale. The seller may also have their own refunds and returns policy with additional rights.
Step 2 - Contact the seller
Consumers should contact the seller to try and resolve the issue. This may include putting your concerns in writing to the seller.
Step 3 - Take a complaint further
If the seller does not try to resolve the issue, you may wish to take the compliant further. If the consumer bought the good or service from an online auction site, such as eBay or Gumtree, they should first refer to the complaint options available on the website.
Depending on how the consumer paid for the goods or services, the following options may be available:
|Payment method||What to do|
|Paid via PayPal||Consumers may be covered by PayPal’s Buyer Protection. You can lodge a complaint through PayPal's Resolution Centre within 180 days of paying for the item.|
|Paid via credit card||Contact your bank or financial institution to organise a chargeback. This reverses the credit card charge similar to a refund.|
|Paid via online cash transfer||If you used cash transfer or direct deposit into the seller's bank account, it can be difficult to track the money. In this case, consumers should contact the police.|
Consumers can also make a claim through a court. If the seller is based in:
- Tasmania - lodge a claim with the Magistrates Court of Tasmania
- Interstate - lodge a claim with the tribunal in the state where the seller lives
- Overseas - get independent legal advice.