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bought pushchair on ebay sold as "new" but has broken within a fortnight - can I do anything?

(12 Posts)
freakypenguin Fri 10-Oct-08 10:44:14

have been looking at ebay site, trying to find stuff, particularly this info sheet.

the pram only cost £45 but I do think there must have been something wrong with it to break so soon. the fault is pretty serious - some pins have bent when i was trying to collapse it (using the correct method as shown by the seller) so now it is totally un-usable.

i don't want to annoy the woman, but i am feeling like i've been sold a bit of a duff deal.

help!

freakypenguin Fri 10-Oct-08 10:53:40

bump - anyone there? wink

Lurkinaround Fri 10-Oct-08 11:02:28

If it was a private seller i.e not a business but someone just selling a few bits and pieces then the Sale Of Goods Act doesn't apply. However, in private sales the item must match the description. If the item is sold as 'new' and it obviously wasn't new then you could have a case to take it further.

It's a tricky one really because you could try a bit of negotiation with her but if she refuses to refund you then, if you have a case to argue that the goods were misdescribed, then you'd have to sue her through the small claims court. Might work if you can be bothered with the hassle and expense.

Have you contacted the seller about it? What did the advert say about the item?

Hang on, just read that the pins bent when you tried to fold it. I don't know how you would prove that it was a fault with the pushchair and not that you folded it wrong (not saying you did fold it wrong of course but hard to prove not IYSWIM). It really depends on if you want to contact the seller and how reasonable they are. They may want to help out (maybe partial refund?) or they may not want to know at all.

Elliegant Fri 10-Oct-08 11:02:51

Hi Freaky,
I am not an ebay expert but my first step would be to simply contact the seller and explain (if you have not already done so), you might find they are helpful and will exchange or refund rather than get bad feed back.

My only other suggestion would be that if you paid via paypal you maybe able to open a dispute if you can get no joy with the seller and they will investigate.

pgwithnumber3 Fri 10-Oct-08 11:04:12

Hmm, tricky one. I doubt you would get refunded but it doesn't harm contacting her and asking if she has any idea what you could do. What make is the pram?

freakypenguin Fri 10-Oct-08 11:24:48

it's a lesser known "cuddle" pushchair and you can flip the handle to make it forward or rearward facing.

am going to give her a ring i think - but i feel dreadful as it's probably not her fault!

freakypenguin Fri 10-Oct-08 11:48:09

i paid cash so no paypal thing as an option. have just spoken to DH and he is going to see if it's mendable, then we will speak to her over the weekend and see what she says.

if she says no, then we will probably accept the loss as it's not worth the hassle and additional cost.

but it would be nice not to have paid £45 just for two weeks worth of pram!

Lilyloo Fri 10-Oct-08 12:49:08

I would speak to her as if it was new she may have receipt to take it up with place she purchased it from worth asking for anyway as agree you should get more than two weeks out of any pram.

MrsMagooo Fri 10-Oct-08 13:00:20

That is awful - no pram should break after 2 weeks use!!

I would contact the seller, sooner rather then later & see what she says then take it from there.

freakypenguin Fri 10-Oct-08 16:12:11

thanks for your sympathy. DH is going to look at it tonight - thank god he is incredibly good at technical stuff, unlike me. I just saw it break and panicked in a really rubbish way. blush but it looks to me pretty irredeemable sad.

if not we are going to ring the seller and just see what she offers, rather than put any pressure on her.

if nothing forthcoming, we are probably going to buy new (shockat expense, but DS2 is only 7 months, so we should get plenty of use out of it). I mean, DS1 is only really recently able to walk a decent distance and he's 3.

<<trying desperately to justify purchase of new pram at over £200 to self>>

Elliegant Fri 10-Oct-08 16:23:52

Hope you manage to sort something out

MrsMagooo Fri 10-Oct-08 17:52:34

Check out Babyvalue on Ebay - they sell Quinny Buzz & Loola's amongst others, they always state the prams are used but every pram I have bought from then is BNIB.

The reason they state used is because they are things like catalogue returns etc - Babyvalue a sort of extension of Dorel who are the manufacturors.

I bought a Loola up from them last week & won it for £104 - it was BNIB (as was my Quinny Buzz I bought a few months ago for £174 & the Windoo I bought too!! I know lots of people who have bought from them & everything always arrives new.)

HTH a little

Xx

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