Advice wanted - buggy sold 'as new' has broken after 4 uses!

[eilidhsmum]

I bought a running buggy recently from a private seller. It was sold as new condition and seller stated had not been used but stored since being bought. On its arrival looked in really good condition and well packaged - no sign of wear on tires or breaks. However I noticed some small scratches on the handle and that the fold mechanism did not run true and looked likely to break. I contacted the seller and agreed a 10% refund by cheque which I have not yet cashed. All fine so far....
Today I took it out and noticed it was veering to one side - I tried to straighten out the front wheel and the v-shaped pieces that the wheel slots onto have crumbled! it looks like the rubber has perished and the metal rusted within. I don't think the seller would have been aware of this without using the buggy.

Anyway - thanks for sticking with me so far. What I want to know is do you think I have grounds to ask for a full refund as buggy is now completely unusable. Or is this simply a risk I have taken in buying secondhand?

I think that as you say it wouldn't have been apparent to the seller then I can hardly see how you could claim morally, but wether you could do legally is another thing. Is it something that is a known fault with the model? Maybe a little google?

It could be said that you bending it was the cause no?

I should clarify I didn't bend it just tried to adjust it by loosening the screws as you would a bicycle wheel which isn't running true. No force involved.

Legally, it's unfit for purpose and yes I believe this applies to second hand goods.

I think you would be wise to try andd politely approach your seller and see how they react.

How did you pay for it initially?

I payed by paypal using my credit card.

in that case you can probably safely get your money back whether they are willing or not.

First approach the seller, explain what has happened, take no responsibility and admit nothing, it's irrelevant if you adjusted it - you're meant to be able to do that to something without it breaking.

Hopefully they will sort you out a full refund (you might need to return it to them or at least show pics. You could even get a bike shop to put their name to it by saying it is beyond repair and you couldn't have done it.

Anyway if they get narky, put in a paypal dispute and explain why it is not as described.

If paypal don't see your point (and they usually find in the buyer's favour) you have your CC company as a last resort.

..or a pushchair shop!

Thanks. I have e-mailed the seller with photos and await their response.