What rights do you have when it comes to faulty goods bought off ebay?

[Nbg]

I'm having a real nightmare with a pushchair I bought off ebay.
Just to clarify, I got it from an ebay shop who have been running a baby store for years, so well respected.

Anyway, the pushchair is a Jane double and we bought it in October last year but didnt start using it until the end of December after the baby arrived.

At the begining of this year we had a problem with the back seat in that it didnt recline.
I emailed the seller and they said to send it back to them and they would repair it. I paid £15 to post to them, they repaired the metal bar at the back and all was ok until 2 months later and it did it again.
This time I had to fight a bit harder to get it repaired ansd have it actually sent back to Jane.
It was sent and repaired again but they said that the only way this fault could occur is if the pushchair was folded with the seats upright.
We made very sure that we didnt do this after the first time it happened but even then we were still folding it correctly.

Now the same thing has happened again but with the front seat, so everytime ds1 sits in it, the seat falls back onto ds2's legs which must hurt because he screams blue murder.

I have emailed the seller yet again and said that this time I just want my money back or an exchange for a different pushchair.
The only thing that bothers me is that last time it happened, they said they couldnt just refund me because Jane had to inspect the pushchair first and determine whether it was faulty.
Surely as a seller, they have the responsibilty of refunding, not Jane?

Anyway, does anyone know what you can actually have in this situation?
Should I be able to get a refund or exchange?

I have also contacted ebay to ask them if I could start a dispute about it too.

[Nbg]

bump

[mustsleep]

could you contact Jane directly yourself and explain the situation? they might be more helpful

have you contacted consumer direct i had a prob with m and p with a buggy and they told me to quote that it was notfit for purpose and yours sounds like it could be dangerous so maybe they could help you out?

otherwise not sure but you prob have a little more comeback if it is an actual shop iyswim

[Nbg]

I remember calling Jane last time and they said they couldn't discuss it with me, only the shop

Consumer direct is a good idea.
I will give them a call I think and get a bit more clued up.

I can't use the pushchair at all now because of the seat falling back onto the back seat.

I just know that Jane will say its my fault and I know that it isnt.

[mustsleep]

sounds like a bit of a cop out from Jane surely as the manufacturer if it is faulty they should at leastreplace it for you - but maybe they do have to go through the seller

consumer direct were really helpful they quoted me an email to send to m and p and gave me a reference number so i could go back to them with any further queries about the same situation

[Nbg]

Well thank you very much for telling me about them MS.
I have just called them and they have forwarded it on to Trading standards

I just have to wait for a phone call from them now.

[mustsleep]

brilliant really glad that they are doing something about it!!