They badly packed my bargain - do I have to accept a refund for damage in transit?

graemeakajimmy

I recent bought what i thought was the bargain of the century. It was a carbon bike frame reduced from £999 to £99. When it arrived it was damaged, but I could see this was down to bad packaging. The box used was too small and the frame was pressed hard against the cardboard in three areas. These are the areas that ended up damaged and you can see the imprint on the inside of the box. It had one layer of bubble wrap and not even a fragile sticker! Because the box had been forced closed and bent in the process it had lost its rigidity.

My problem is that they will refund me, but I really wanted the frame! It was going to be a build project and I'm very disappointed. I also feel cheated as it was a great reduction and beacuse someone couldn't be bothered packing it right the frame is ruined. The retailer has plenty other similar spec frames, but none of the exact make and model so they say they will not replace it.

Do I have to accept the refund? I have read a few articles that mention a like for like replacement must be offered, but I'd be interested to know if anyone has faced a similar situation.

geordieracer

How badly is the frame damaged? Could a reputable bike shop carry out some repairs to it? For that sort of price for a frame that was a grand anyway id be more inclined to get it repaired

graemeakajimmy

The problem is that not too many places do repairs on carbon and its never as good. I have sent photos to a specialist for an opinion, but there is a crack in the bottom bracket shell that I fear is terminal!

easyhost

graemeakajimmy wrote: »

The problem is that not too many places do repairs on carbon and its never as good. I have sent photos to a specialist for an opinion, but there is a crack in the bottom bracket shell that I fear is terminal!

the retailer has to either

1) repair
3) replace
3) refund

its up to the retailer what he offers

graemeakajimmy

I keep hearing about 'loss of bargain'. If I have to accept the refund can I pursue them because their bad packaging on the goods I bought (so technically owned by me) resulted in the damage?

easyhost

graemeakajimmy wrote: »

I keep hearing about 'loss of bargain'. If I have to accept the refund can I pursue them because their bad packaging on the goods I bought (so technically owned by me) resulted in the damage?

you only paid £99 so that is all they are liable to refund you and any postage costs if any paid, you cant claim for the bad packaging.

its like you going to tesco for some eggs, pay for them and then place them in a tesco carrier bag, moving away from the checkout the bag splits and the eggs hit the floor and smash, so tesco give you a refund for the eggs and you ask for another £1 for the damaged bag Do you think you will get it?

graemeakajimmy

easyhost wrote: »

its like you going to tesco for some eggs, pay for them and then place them in a tesco carrier bag, moving away from the checkout the bag splits and the eggs hit the floor and smash, so tesco give you a refund for the eggs and you ask for another £1 for the damaged bag Do you think you will get it?

Actually its not like that at all, but thanks.

arcon5

I though easyhost's example was quite similar actually

The items been poorly packaged, damaged and your being refunded.

Sorry to be blunt but its just hard luck.

The seller has acted legally and responsibly by taking responsibility for the damaged item. Okay prevention is better than the cure, but they have ensured your back in the same position as you was previously.

Valli

That's SUCH a serious reduction (£999 to £99) that the little cynic in me (and it's a very little cynic...)

is kinda wondering if the retailer's preparing for a scam (insurance claim?) - sold a £999 bike frame but it was damaged in transit...

graemeakajimmy

How is me putting eggs in a bag which breaks like a retailer packing an item badly? In his story the eggs were intact when i took possession of them. The bike frame was damaged in transit.

Maybe if the checkout operator had thrown them at me one at a time it would be a relevant comparison. I think I'd have a case with Tesco on that.

arcon5

What if Tesco put the eggs in the bag for you?

lol I fear this thread is going to go down a wierd path.

I like you would be gutted if this happened to me. But unfortunately theres just some things you have no control over.

Its an interesting point made by valli. A 90% reduction in price? Alarms bells?