ebay users please advise. long im afraid.

[girrafey]

i am pretty new to all things on the internet really. mumsnet and ebay like wise.
i got a cot for my dd off of there and it was great so decided to purchase more items.

my last was a double pushchair. a three wheeler one. i went and collected the item yesterday.

it is brand new it still has the plastic covers on the handle, and the fire safety tag on the harnesses.

the problem is the seat is adjusted by zippers on the back. each seat has 3 zips each side.
both seats have 2 broken zips on the right side.

meaning the seat can not be changed.
( oh it can but is not safe. as weight only being held ny one side)

when i was in contact with the seller about the item before purchase i asked how many positions it has, he said 2.

when i collected it he told me he had looked again and there were 3. (i was even more chuffed.)

so this then to me makes me believe that he was aware that the zips were faulty.

i dont mean to complain over nothing but seeing as this was a big factor to me and he didnt mention it do i have any rights?

i now have a pushchair that may not be ok.

What do you wise mumsnetters suggest i do?

you have comeback - the item is not as described. Did you pay by paypal? it's easier to get your money back from them than it is from ebay.
Your first step is contacting the seller and letting him know that it is broken and it's definately not transit damage. Keep a record of your emails.

the problem is i went and collected it ( hour and a half journey in blistering sun!) and paid cash.
aaahhhhh y didnt i check the zips. i checked pratically evything else.
it was brand new.

How long ago did you pay for the item? I have cancelled a payment through paypal 3 days later and the money went straight back into my account and I left negative feedback!

Oh right I see. But the item is not what was described, first contact ebay and then contact the seller explaining why you have contacted ebay and ask for a full refund. If the buggy is not safe and cannot be used you have every right to a refund.

ok, just a thought. does it make a difference that i contacted him before the bid finished and offered him a quick cash sale for the next day. ( no one had bidded)
i have emailed him to tell him i have found this fault. asking if he has the receipt or info where he got it from. if he does i am happy to fight the shops etc to get it fixed. but i also put that i wouldnt pay any expenses, and that it would be no good to me if not fixed.
can i still contact ebay or not?

Oh this is different, you have done a sale outwith Ebay. When you log into that particular listing the buggy will say no biddiers i.e not sold. So you have nothing to fall back on because the sale wasn't done through ebay.

have you thought about contacting the manufacters (sp)

ahh good idea. ok ill try searching for them

I think you will find this was a private sale which leaves you with no consumer rights... caveat emptor

It is unlikely that the manufacturers will do anything as they have no contract with you...unfortunately

Was the seller a trader, if so you may have some rights under consumer protection

Agree with zippitippitoes. I don't think you have consumer rights with any retailer/manufacturer as you are not their customer. Even as a gift the recipient isn't the one who can complain but the purchaser, although in practice many retailers would use their discretion. Sorry, but wonder if it is sold as seen ? Perhaps the ebayer will take it back and complain directly but then it depends how he came by the pushchair and under what understanding it was sold to him .

also bear in mind that a trader who agrees to a sale outside ebay - quick cash etc is more likely to be a con merchant. Not to say your chap is though.
When I offered quick cash for something once, the buyer set up a separate buy it now for me and we did it through ebay to protect rights etc.
I'd contact the maker, it may well have been sold as a factory second.... so they can perhaps suggest a fix for you.
Contact the seller first, you may strike it lucky with an honest chap...

well im waiting his response.
the pushchair is actually an online company who are based about 30 mins from me. i may just go down there to see if they have any repair ideas.
it is a shame as the item is great.
thanks for your advice. ill keep you posted what he comes back with. thanks.