Magic Mouse not turning on

Hi,

Ive just bought a magic mouse on amazon, ive tried to get it to turn on but whatever i try - it just doesnt want to work.

I have tried several types of batteries, both rechareable and non rechargable including the official apple battery charger kit and still no joy,

When the batteries are inserted and when the switched is turned either way, the actvity light isnt glowing.

Is there anything that i could be doing wrong, or may i have just a dud magic mouse?

The mouse is used, but acording to amazon, it is in working order.

Would apple repair it for free?

Thanks