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    • TheCartoonCommando (CC)
    • By TheCartoonCommando (CC) 4th Oct 17, 9:29 PM
    • 5Posts
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    TheCartoonCommando (CC)
    Item under warranty keeps breaking
    • #1
    • 4th Oct 17, 9:29 PM
    Item under warranty keeps breaking 4th Oct 17 at 9:29 PM
    Hi,

    In May 2017 I purchased a mountain bike seat post from an online German company Bike-Discount.de (BD) It has since failed twice rendering the bike unusable. The first time was on holiday and BD told me to contact the manufacturer which I did, and they told me the only thing I could do was send it back. I had to buy another seat post to be able to continue with the holiday. I sent it back to BD asking for a refund as I believe the seat post is not fit for purpose, but they sent it to the manufacturer for repair and then back to me. Am I entitled to a refund? I have read the guide on the new rules.
    Many thanks in advance. CC
Page 1
    • boo_star
    • By boo_star 4th Oct 17, 10:33 PM
    • 1,329 Posts
    • 677 Thanks
    boo_star
    • #2
    • 4th Oct 17, 10:33 PM
    • #2
    • 4th Oct 17, 10:33 PM
    Hi,

    In May 2017 I purchased a mountain bike seat post from an online German company Bike-Discount.de (BD) It has since failed twice rendering the bike unusable. The first time was on holiday and BD told me to contact the manufacturer which I did, and they told me the only thing I could do was send it back. I had to buy another seat post to be able to continue with the holiday. I sent it back to BD asking for a refund as I believe the seat post is not fit for purpose, but they sent it to the manufacturer for repair and then back to me. Am I entitled to a refund? I have read the guide on the new rules.
    Many thanks in advance. CC
    Originally posted by TheCartoonCommando (CC)
    Itís not the UK rules that apply here. You need to find out what your rights are under German law.
    • Keep pedalling
    • By Keep pedalling 4th Oct 17, 10:39 PM
    • 4,103 Posts
    • 4,466 Thanks
    Keep pedalling
    • #3
    • 4th Oct 17, 10:39 PM
    • #3
    • 4th Oct 17, 10:39 PM
    How can a bike seatpost fail twice? I've never had one fail but if I did it would never be able to be put back in service.

    It could work lose, but that would be down to not being tight enough in the first place, and would be fixable with the tool every cyclist should carry with then.
    • KeithP
    • By KeithP 4th Oct 17, 10:42 PM
    • 4,788 Posts
    • 3,147 Thanks
    KeithP
    • #4
    • 4th Oct 17, 10:42 PM
    • #4
    • 4th Oct 17, 10:42 PM
    How can a bike seatpost fail twice? I've never had one fail but if I did it would never be able to be put back in service.

    It could work lose, but that would be down to not being tight enough in the first place, and would be fixable with the tool every cyclist should carry with then.
    Originally posted by Keep pedalling
    Google dropper seat post.

    Some are a lot more complicated that what you are thinking of.
    .
    • boo_star
    • By boo_star 4th Oct 17, 10:46 PM
    • 1,329 Posts
    • 677 Thanks
    boo_star
    • #5
    • 4th Oct 17, 10:46 PM
    • #5
    • 4th Oct 17, 10:46 PM
    How can a bike seatpost fail twice? I've never had one fail but if I did it would never be able to be put back in service.

    It could work lose, but that would be down to not being tight enough in the first place, and would be fixable with the tool every cyclist should carry with then.
    Originally posted by Keep pedalling
    Carbon fibre?

    It tends to fail in a fairly unpleasant way (for your backside.)
    • TheCartoonCommando (CC)
    • By TheCartoonCommando (CC) 7th Oct 17, 11:58 AM
    • 5 Posts
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    TheCartoonCommando (CC)
    • #6
    • 7th Oct 17, 11:58 AM
    • #6
    • 7th Oct 17, 11:58 AM
    What about this line on the MSE consumer rights page?
    "However, it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce)."
    • TheCartoonCommando (CC)
    • By TheCartoonCommando (CC) 7th Oct 17, 12:00 PM
    • 5 Posts
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    TheCartoonCommando (CC)
    • #7
    • 7th Oct 17, 12:00 PM
    • #7
    • 7th Oct 17, 12:00 PM
    Itís not the UK rules that apply here. You need to find out what your rights are under German law.
    Originally posted by boo_star
    What about this line on the MSE consumer rights page?
    "However, it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce)."
    • TheCartoonCommando (CC)
    • By TheCartoonCommando (CC) 7th Oct 17, 12:02 PM
    • 5 Posts
    • 0 Thanks
    TheCartoonCommando (CC)
    • #8
    • 7th Oct 17, 12:02 PM
    • #8
    • 7th Oct 17, 12:02 PM
    How can a bike seatpost fail twice? I've never had one fail but if I did it would never be able to be put back in service.

    It could work lose, but that would be down to not being tight enough in the first place, and would be fixable with the tool every cyclist should carry with then.
    Originally posted by Keep pedalling
    The seat post is a Magura wireless dropper post. The first time it failed fault meant it wouldn't go down, the second time it wouldn't stay up or down so just acted like a pogo stick.
    • DoaM
    • By DoaM 7th Oct 17, 12:06 PM
    • 3,591 Posts
    • 3,634 Thanks
    DoaM
    • #9
    • 7th Oct 17, 12:06 PM
    • #9
    • 7th Oct 17, 12:06 PM
    What about this line on the MSE consumer rights page?
    "However, it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce)."
    Originally posted by TheCartoonCommando (CC)
    I wouldn't take the MSE consumer rights page as gospel.

    Check the website you bought from ... in the T&Cs/Legal bit it will probably say that the contract is subject to German law. Regardless of whether you're in the UK or Germany, German law applies and thus you can only enforce your rights through the German courts.

    In theory you can make an out of jurisdiction claim through the UK courts but this can be very expensive.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • unholyangel
    • By unholyangel 7th Oct 17, 12:52 PM
    • 11,603 Posts
    • 8,739 Thanks
    unholyangel
    I wouldn't take the MSE consumer rights page as gospel.

    Check the website you bought from ... in the T&Cs/Legal bit it will probably say that the contract is subject to German law. Regardless of whether you're in the UK or Germany, German law applies and thus you can only enforce your rights through the German courts.

    In theory you can make an out of jurisdiction claim through the UK courts but this can be very expensive.
    Originally posted by DoaM
    If they're in the EU, they need to allow you to bring proceedings in the court of the country you are domiciled in - although not necessarily under the governing law of the country you are domiciled in.
    Money doesn't solve poverty.....it creates it.
    • unforeseen
    • By unforeseen 7th Oct 17, 1:13 PM
    • 1,996 Posts
    • 2,518 Thanks
    unforeseen
    So you just need to find a judge and possibly other legal bods who are conversant with German civil law.

    I can't see any problems there.
    • TheCartoonCommando (CC)
    • By TheCartoonCommando (CC) 8th Oct 17, 9:03 PM
    • 5 Posts
    • 0 Thanks
    TheCartoonCommando (CC)
    Thanks all for your advice. The seat post was only a couple of hundred pounds so by the looks of things it's not worth pursuing.
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