Help! Halfords Cycle to Work Scheme issue

neilC

Hi,

I'm having an issue with Halfords based on the above scheme and they say that I do not have normal consumer rights here.

Basically they supplied me with a bike under this scheme - as it is not a Halfords brand of bike it was supplied by one of their partners (LeisureLake bikes in Manchester). I live in London so was delivered to my workplace. The bike was damaged in transit and was unrideable, so after contacting Halfords they asked me to take it to one of their stores. The guy in the shop saw the damage and said they would return it to LeisureLake bikes, and ask them to send a replacement bike. He said he would not be happy for it to be repaired as there could be further damage that he couldn't see. I was happy with this resolution.

3 days later Halfords contacted me to say they would not be replacing the bike, only the components that were damaged. When I mentioned possible structure damage they were like "oh yeah", we will send the whole bike to be assessed.

So now the bike is going on 2 further journeys and I do not believe they want to replace this faulty (and potentially dangerous) bike for a new one. Halfords say that I do not have normal consumer rights as I am getting the bike through the Cycle to Work scheme.

Basically everyone has told me not to accept the bike (including one of Halfords store employees) and demand a replacement. The only people who do not agree with this are Halfords and LeisureLake bikes.

The bike was obviously crushed on the way to me and I do not want to accept a "Damage/repaired" bike - I've never been able to use it and was expecting a brand new bike. Halfords are also going to send it on 2 further journeys by Lorry when it didn't safely get here on the first one.

My preferred resolutions to this would be:

a. Halfords get a supplier in London to provide the bike. I would go and collect to avoid transit damage.
b. LeisureLake bikes do not build the bike in store - they send it boxed to Halfords to build.

I know if I bought a faulty product from a store I would be able to return it and either get a refund or replacement but Halfords are claiming that I do not have these rights.

So the big question is: Can I refuse to accept this bike and demand a new replacement, or am I stuck with having to accept a "repaired" bike?

Thanks in advance,

Neil

Forwandert

Even in a 'normal' consumer situation you would not be able to demand a replacement or refund, if the retailer wants to repair the product they are fully entitled to.

neilC

Really? Ouch... in that case I guess I'm screwed then. So just to clarify so this is clear in my mind (as this changes things) how about the following analogy:

I buy a brand new TV from a shop and then take it home to find it doesn't work.

I then take it back to the shop and asked them to replace it. Are they entitled to say no, and send it away for repairs - even if I bought it that same day and it never worked? Would I not be able to say that I wanted a replacement that works? Would I not be able to demand a refund and get it from a different shop?

Forwandert

There's not many circumstance where you can demand anything with items that need repair, i'm surprised they aren't replacing with the timescale you mentioned however they don't need to if they don't want to, the choice of repair, replace or refund is the retailers not the consumers.

One thing to clarify though was the purchase online or instore? As depending on the timescale you may be able to send it back under DSR if it was online.

neilC

Hmmm... well I definately did not make the purchase in store. I received the bike last Wednesday, and returned it to Halfords the day after. So would that mean I am in my 7 day cooling off period I presume.

Interestingly I've found the T&C's from Leisure Lakes ests that I am covered by this. Here's the relevant part:

"An employee may also have the benefit of additional cancellation rights provided by the Consumer Protection (Distance Selling) Regulations 2000 (the Distance Selling Regulations). If the contract for the hire of the cycle or cyclists’ safety equipment makes use of distance communication up to and including the moment at which the contract is concluded, then the Distance Selling Regulations may apply, for instance, if the contract is sent to the employee by post for execution or information about the scheme is relayed by telephone or electronic means and there is no face to face contact between the parties – see OFT guidance for details."

So just to be 100% clear - the DSR's give me a right to cancel - even if the bike was in perfect condition, so long as it is within a 7 day cooling off period?

stugib

neilC wrote: »

The bike was damaged in transit and was unrideable

Forwandert wrote: »

Even in a 'normal' consumer situation you would not be able to demand a replacement or refund, if the retailer wants to repair the product they are fully entitled to.

If the bike arrived faulty they'd absolutely be able to reject it for a refund.

unholyangel

stugib wrote: »

If the bike arrived faulty they'd absolutely be able to reject it for a refund.

Agreed, even when buying in store (and not online) the SoGA states a consumer can request a refund within a reasonable time (which albeit isnt defined but i would say 1 day is definitely reasonable for any product).

After reasonable time has passed then they can request one remedy over another but the retailer can refuse if it is disproportionately costly.

OP, what was the reason they gave you for not being covered by consumer rights? Who paid for the bike? Yourself or your employer? (sorry i only know roughly what the scheme is, not all the details)

shaun_from_Africa

Even in a 'normal' consumer situation you would not be able to demand a replacement or refund, if the retailer wants to repair the product they are fully entitled to.

But in a "normal" situation, the buyer has the right to reject faulty goods within a reasonable time from delivery and get a full refund.
In this instance they don't have to accept either a repair or exchange.

neilC

unholyangel wrote: »

OP, what was the reason they gave you for not being covered by consumer rights? Who paid for the bike? Yourself or your employer? (sorry i only know roughly what the scheme is, not all the details)

Well, the reason that they told me that I don't have rights here is that I am not the actual purchaser of the bike and that I am technically hiring it. My employer is the actual purchaser of the bike. The reason for the technicalities here is to do with tax regulations (as the bike is tax free).

However, the store that have supplied the bike state in their own T&C's that the employee does have DSR rights... I have just dropped this bombshell on Halfords and they are starting to squirm a little so making some progress