Refund - but how ?

50Twuncle

I paid £300 for an excercise cycle from THE FITNESS SUPERSTORE on 13 Feb - it was delivered 3 days later
When we came to assemble it - it was discovered to have a broken side panel - we contacted the company - they were very apologetic and dispatched a replacement panel - which, with difficulty, we replaced
Then we discovered that, the socket, where the handlebar assembly fits in had been dented - which meant that the handlebar would not fit in
I, again contacted the company - and eventually received a reply - offering to send an engineer to straighten the socket
This was 8 days ago - since then, I have not been able to get a response/update from the company

I am considering REJECTING the item - the problem being that we cannot repack it (the box must have been packed by computer - it was so tightly packed and the bike is now 90% built)
How long do I have, from delivery to reject it ?
What is the best way forwards ?

50Twuncle

Any advice welcome........

shaun_from_Africa

Send the company an e-mail (and ensure that you keep a copy of this), explaining the problems that you have had, and state that you are rejecting the bike using the rights that you have under the Sale of goods act 1979, section 35.2 and section 36.

These sections states that when you have goods delivered, you must be given a reasonable time to inspect them to confirm that they are as described and not damaged, and if there is anything wrong with them then you have the right to reject them.
It is also the sellers responsibility to arrange for the rejected goods to be collected.

35
(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract,

36
Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

http://www.legislation.gov.uk/ukpga/1979/54/contents

Did you pay the £300 by credit card? as this will give you more protection if the retailer fails to refund you.

50Twuncle

shaun_from_Africa wrote: »

Send the company an e-mail (and ensure that you keep a copy of this), explaining the problems that you have had, and state that you are rejecting the bike using the rights that you have under the Sale of goods act 1979, section 35.2 and section 36.

These sections states that when you have goods delivered, you must be given a reasonable time to inspect them to confirm that they are as described and not damaged, and if there is anything wrong with them then you have the right to reject them.
It is also the sellers responsibility to arrange for the rejected goods to be collected.

[/I]

http://www.legislation.gov.uk/ukpga/1979/54/contents

Did you pay the £300 by credit card? as this will give you more protection if the retailer fails to refund you.

Thanks
We paid by Debit card (Nationwide) - which I understand does cover using "chargeback" ?