Damaged Bike - delivery signed for

ChrissR

I recently ordered a bike as a surprise present for my husbands 60th birthday.
It was delivered on Tuesday 14th August, I noticed the box was badly damaged and was covered in tape by the delivery company, I had a quick look inside the box but as everything was covered in bubble wrap I could not see if there was any damage. Foolishly I signed for the package.
My son in law opened the box that evening and discovered there was damage to the bike, the rear reflector was smashed, the bolt which joined the handlebars to the frame was badly scratched and there was also damage to the front of the frame near the logo. He took photos of the damaged parts and box.
Unfortunately when I read the email sent from the seller, which was sent when I made the purchase, it stated if the box was damaged I should not sign for delivery and to contact them. I only read this after I had already signed for delivery.
That evening I sent an email to the seller, explaining my disappointment and requesting a replacement, I attached copies of the photos. The following day I gave them a call to see if the email had been received.
I was told that because I had signed for the package I could not have a replacement bike as I had signed for it as undamaged. They offered to send me spare parts to replace the damage and did send by next day deliver a new bolt, logo and rear reflector, although this is the wrong one and doesnt fit.
Because of the damage to the bike I thought it best to have it looked over and have today paid £30 for a bike service, they have informed me that some of the gears are making a noise and to contact the seller to see if this is normal.
Do I have any rights to a replacement, The bike cost nearly £400 and I feel that someone should take responsibility for the damage, either the seller or the delivery company.

malchish

ChrissR wrote: »

I recently ordered a bike as a surprise present for my husbands 60th birthday.
It was delivered on Tuesday 14th August, I noticed the box was badly damaged and was covered in tape by the delivery company, I had a quick look inside the box but as everything was covered in bubble wrap I could not see if there was any damage. Foolishly I signed for the package.
My son in law opened the box that evening and discovered there was damage to the bike, the rear reflector was smashed, the bolt which joined the handlebars to the frame was badly scratched and there was also damage to the front of the frame near the logo. He took photos of the damaged parts and box.
Unfortunately when I read the email sent from the seller, which was sent when I made the purchase, it stated if the box was damaged I should not sign for delivery and to contact them. I only read this after I had already signed for delivery.
That evening I sent an email to the seller, explaining my disappointment and requesting a replacement, I attached copies of the photos. The following day I gave them a call to see if the email had been received.
I was told that because I had signed for the package I could not have a replacement bike as I had signed for it as undamaged. They offered to send me spare parts to replace the damage and did send by next day deliver a new bolt, logo and rear reflector, although this is the wrong one and doesnt fit.
Because of the damage to the bike I thought it best to have it looked over and have today paid £30 for a bike service, they have informed me that some of the gears are making a noise and to contact the seller to see if this is normal.
Do I have any rights to a replacement, The bike cost nearly £400 and I feel that someone should take responsibility for the damage, either the seller or the delivery company.

You DO have the right to a replacement!!!! The fact that you signed for delivery only means that you received the box, not that you inspected and found the item inside undamaged. Any term of contract that places responsibility on you to decline delivery if there is damage (how can you do the inspection? in the presense of the driver? they never wait more than 3 seconds!!!), and states that no refund/replacement woild be given if the delivery gets accepted, is unfair and so not enforceable.
The damage was under the bubble wrap. The shop is taking you for a ride by refusing to replace!
You stand a good chance not only to a replacement, but to a compensation as well, of £30 you spent, since you spent it under the impression that the seller won't refund you or replace the item. It is their fault that they have unfair terms, it is their repsonsibility to resolve this mess.
Write them a letter explaining that you ask for a refund/replacement under Sales of goods act. .Inform then "the damaged, faulty item is avialable for collection". The letter needs to be sent recorded delivery.
Good luck, keep us posted.

Guardsman

Because of the damage to the bike I thought it best to have it looked over and have today paid £30 for a bike service, they have informed me that some of the gears are making a noise and to contact the seller to see if this is normal

I would not take the bike back there again if they don't know how correctly aligned gears should sound.

As for the bike I would follow the advice given by malchish

wealdroam

MSE's Delivery Rights article also makes that point...

My item arrived damaged, but I only found out after I signed for it?

Signing for an item just means it's been delivered. You're not signing on the quality of the item delivered. So even if you found any faults or issues after signing for the delivery, you still have the same rights as with any faulty item.

neilmcl

Guardsman wrote: »

Because of the damage to the bike I thought it best to have it looked over and have today paid £30 for a bike service, they have informed me that some of the gears are making a noise and to contact the seller to see if this is normal

I would not take the bike back there again if they don't know how correctly aligned gears should sound.

As for the bike I would follow the advice given by malchish

Can you be more specific about the noise? You can get a little bit of noise, particularly on a new bike that'll require a little bit of adjustment to the gear derailleurs. I would have expected any bike shop worth their salt to mention this unless the noise is something else, although they wouldn't have tried to adjust the gears on a £30 service.

ChrissR

Thanks to everyone who has responded to my post, I will be writing a letter as suggested by Malchish, will let you know how I get on.

The bike is fitted with 7 speed sturmey archer gears, I explained the problems with delivery to the bike shop who did the service and he did not want to touch without me contacting the supplier again first.