Am I entitled to a refund?

jerryfudd

Hi,

I know that I'm probably the one of the million people that ask a question to which there is plenty of advice out there but i was looking for some opinions on my exact situation and where i stand.

I bought a bike 1year and a week ago from a well known high street retailer for £759.99.

Since my purchase the bike has been plagued with problems and allot of the times with the same part that had only just been replaced - on average over the 53weeks its had to be returned to store 11 times (i recorded dates, problems who looked at it and the resolution) and each time ive been without it for a day to a week.... this isnt counting home repairs i.e. tightening a bolt that keeps coming loose but this was also recorded.

Every time it goes back to store and sometimes even the manufacturer they repair it as it came with a 5yr warranty but i feel that enough is enough now as the latest failure caused injury to me thats still causing pain after 4 weeks, I havent had it out with the retailer yet but I have with the manufacturer who are only interested in repairing.... which i have endured time after time.

Am I within my rights to get a refund from the retailer? I should have pushed for this long ago but I relied on the bike for commuting so was always eager to get it back - that and im not one for making waves (usually).

I've been told that i should be taking to solicitors by friends and plaster my experiences over review forums but to be honest all I want now is my money back to make alternative arrangements - after the latest fault and personal injury I feel its just going to keep on happening and accidents to follow.

(btw obviously I haven't used the bike in any other way other than instructed or mistreated it).

Any advice on how to get a refund?

thanks

Daniel

arcon5

What are the fault(s)? Do you know the cause?

jerryfudd

arcon5 wrote: »

What are the fault(s)? Do you know the cause?

not sure how much people know so ill add explanations but most of the issues are to do with the crank arms (metal bar that holds the pedal one end and the bike on the other).

mostly they are working themselves loose and falling off the bike - now if you replace the arm itself, the bottom bracket (this goes through the bike and holds both the arms to the bike) and the securing bolt there isnt anything left to replace.

then i've had 2 instances of the arms snapping..... yes, snapping. which is a tad dangerous while you are riding.

lastly its a folding bike and the rear lower hinge has snapped twice - again while riding.... i've had the hinge replaced and the entire rear frame.

i've got no explanation of why it keeps failing and there is no original part left to replace in the fault areas but the manufacturer keeps trying to explain that to me that there isnt anything else to replace and that its 'not the fault of the whole bike'.

most annoying of all when contacting the manufacturer their best response to 'i spent the rest of the day in A&E waiting for an xray on my foot' was 'hope your feeling better now' - really?!


Dan

Herongull

Sale of goods legislation gives you "a reasonable time" after purchase to reject faulty goods. Case law has established that "a reasonable time" can be between a couple of weeks to 6 months depending on the context. The sooner you try to reject faulty goods, the stronger your case is. 4 weeks is a rule of thumb - within this period you can probably reject faulty goods.

After a longer period, the remedies are repair or replacement (unless the seller agrees to refund you).

However selling dangerous or unsafe goods can be a criminal offence - see http://www.whichlegalservice.co.uk/our-services/consumer-rights/sale-of-goods-act

I suggest that you write to the seller (escalating to a more senior person as necessary) and set out your experiences. Mention the criminal offence stuff in passing, and say you are insisting on a refund because you have lost confidence in the manufacture and design. Hopefully this will trigger a refund out of "goodwill" - ie to keep from making bigger waves.

Worth a try!

Katarina187

After having the bike for such a lengthy amount of time I believe a refund would be at their discretion. In my store we usually return stuff within 4-8 weeks of buying for a full refund. Anything later than that, we tend to avoid the refund and always replace or repair.

somethingcorporate

How long after you bought it was the first issue (just out of interest).