Bike not of satisfactory quality and repair unsatisfactory - can I get a refund?

ken_1969

I bought a Specialized Sirrus Elite from the Specialized Concept Store in Kingston upon Thames on July 3rd this year. This was a replacement for my old 2010 edition Sirrus sport which died.
I needed the bike to complete a charity bike ride on 6-19th August from Land's End to John O'Groats and made this clear at the time of purchase.
On getting the bike home, I took the bike out for a ride and found that the rear wheel was badly buckled, most likely caused by the spokes not being tightened sufficiently.
I returned the bike to the store and they offered to repair the wheel.
The repair was done on Saturday 9th July and seemed fine initially. However, on day 12 of my charity bike ride, on Wednesday 17th August the same wheel buckled again.
As I was now in Inverness in Scotland obviously returning it to the shop for repair was not an option so I took it to a local bicycle shop.
On close inspection by myself and the bike shop it was apparent that the cause of the buckling was that one of the spokes had now been over-tightened.
The bike shop temporarily replaced the back wheel with an alternative from stock.
I called Specialized from the bike shop in Inverness and explained the situation to the assistant manager. He seemed reluctant to accept responsibility for the fault and insisted that I bring the damaged wheel back into the store for them to check out.
Fortunately I had my wife in the car with me as a support driver so she was able to take the wheel - otherwise I would have had to pay for the wheel to be shipped back.
It was very fortunate that the problem occurred when it did. A day earlier or later and we would have been in more isolated regions of Scotland with no bike shop for miles - that would have meant me not completing the full trip.

In addition, I today found out that there has been a safety recall and that the brakes on the bike could potentially have failed at any time on my 900 mile expedition.

I am very angry with Specialized for their lack of concern and am not happy with the quality of the bike.

Am I within my rights to ask for a full refund on the basis that a) the bike is not of satisfactory quality and b) their initial repair was also of not satisfactory quality?

Could they possibly argue that I have gained some benefit from the bike and offer a partial refund? If so how is this calculated?

Any advice much appreciated.

neilmcl

Why do you want a full refund, surely the cost of a new wheel should suffice?

ken_1969

neilmcl wrote: »

Why do you want a full refund, surely the cost of a new wheel should suffice?

When I replaced the wheel in Scotland it was with what they had in stock, an inferior quality component which is not equivalent to the old wheel (or what the old wheel should have been!).

It would not be enough for them to simply pay for the cost of this wheel. I would want them to replace the wheel and also cover what I paid in Scotland - around £50.

However, I forgot to mention in my original post that the model I purchased has just had a safety recall and that the brakes could fail at any time. I'll edit the original post as that is a key factor.

I therefore am very unhappy with Specialized in general and this bike in particular and don't trust them to replace the wheel.

My question is, having given them one opportunity to repair/replace the component am I within my rights to ask for a full refund?

neilmcl

I'd say no. They can attempt to repair/replace that particular component as many times as they wish as long as it doesn't cause a significant incovenience.

ken_1969

neilmcl wrote: »

I'd say no. They can attempt to repair/replace that particular component as many times as they wish as long as it doesn't cause a significant incovenience.

A buckled wheel makes the bike almost un-rideable and can be very dangerous, especially if it suddenly goes as it did both times for me. Had I been on a fast downhill run when it happened, say at 25-30mph, I could definitely have lost control and had a serious accident. I'd say that's more than an inconvenience?

Tensioning a wheel is a basic task that anyone who works with bikes should be able to do as a matter of course. It's not rocket science and calls into question the basic ability of their technicians. To get it wrong once is carelessness, to get it wrong twice is downright incompetence. Should I really trust them a third time with my life maybe on the line?

moonrakerz

I would be a little concerned about the overall quality of these bikes if (as you report) your 2010 model "died" in 2011. I think I would have gone elsewhere for a replacement.

HappyMJ

No refund...just a repair. As with a car if you want breakdown cover then buy insurance. http://www.eta.co.uk/breakdown/cycle_rescue as an example there are many more.

ken_1969

HappyMJ wrote: »

No refund...just a repair. As with a car if you want breakdown cover then buy insurance. http://www.eta.co.uk/breakdown/cycle_rescue as an example there are many more.

This is not a breakdown which would fall under normal wear and tear, this is a faulty component, which failed initially within the first week of ownership, and their "repair" failed within a further month. The goods are arguably not fit for purpose or at the very least not of satisfactory quality.

I am just looking for clarification from anyone who has any insight as to whether, under the Sale Of Goods Act, I am within my rights to ask for a refund.

arcon5

ken_1969 wrote: »

This is not a breakdown which would fall under normal wear and tear, this is a faulty component, which failed initially within the first week of ownership, and their "repair" failed within a further month. The goods are arguably not fit for purpose or at the very least not of satisfactory quality.

I am just looking for clarification from anyone who has any insight as to whether, under the Sale Of Goods Act, I am within my rights to ask for a refund.

Yes, it most likely will be covered by SOGA.

Yes you have a right to ask for a refund, covered under Freedom of Speech.

No they legally have no obligation to offer a refund. They must offer a remedy though if the fault is inherent, that being refund, repair or replacement -- their choice.

ken_1969

moonrakerz wrote: »

I would be a little concerned about the overall quality of these bikes if (as you report) your 2010 model "died" in 2011. I think I would have gone elsewhere for a replacement.

Didn't feel there was a need to go into the details but it did not die of natural causes - ie, it was not the bike's fault.