Bought a 2nd hand iPod 2G and Restore wont work!?

Hi i have just purchased a 2nd hand ipod touch 2G for my son for xmas.. (please dont judge) I have tried to restore it but it keeps coming up with The iPod softwear update server could not be contacted. make sure your network settings are correct and your network connection is active....

Well the internet is working as im using it now to send in this question! Please help me as its xmas eve now and i really want to be able to give this too him!!!

Thank YOU