Mountain Bike - Just Realised Not As Desribed... Where do I stand?

StudentOfBusiness

wealdroam wrote: »

And I would think it reasonable for them to say "you've had it for three months, surely you should have picked this up".
Wouldn't you?

As Unholyangel says, after three months you will be seen to have legally accepted the goods as supplied.

You generally don't assume goods are being mis-sold to you.
On the site it says 120mm of travel, and in store, and thats what the staff say.

StudentOfBusiness

The forks actually look different on mine than the ones I've noticed that are in store now.

StudentOfBusiness

unholyangel wrote: »

How much of a difference (performance wise) does the difference make? Would a 120mm bike be more expensive than 100mm?

Those are the main points you want to address but as I said, you may be on shaky grounds at best given that consumers have a statutory right to examine the goods to ascertain whether they are within the conformity of the contract or not. However, this right ends when you a) intimates to the seller that you accept, b) do anything that is inconsistent with you not being the owner of the goods or c) a reasonable length of time passes without you rejecting them.

Given 3+ months has passed, I would say arguing non-acceptance could be extremely difficult.

But surely shouldn't goods be as described, and according to the sales of goods act it says that if something is spotted within the first 6 months then it's up to the seller to prove they aren't the wrong ones.
They should really swap the forks on them at least.

kennyfong

Actually I agree with the SOB on this one

It's not reasonable to put the burden of "inspection and acceptance" so squarely on the consumer when it's an internal part. If I buy a laptop, and I get a 10V battery instead of a 12V battery as advertised, am I to lose my rights because I didn't take out the battery to check it against the specs [I mean, does anyone do that?] and found out surreptitiously after 3 months? If it were a car, would I have to go and check out the suspension and disk brakes after I receive it to preserve my rights?

StudentOfBusiness

Just spoke to store and they have said they will try ring the supplier for me. The person I spoke to said he had seen other Voodoo Bantu Mountain Bikes that some had 100mm of travel suspension and other 120mm suspension.

I said can they replaced and he said he would see what he could do.

I rung up Citizens Advice after and they have told me to send a letter or go into store and quote the Sales of Good Act, with regards to the "goods not sold as described", and with it being within 6 months then the onus is on Halfords to prove they aren't the wrong forks.

Jeff_Bridges_hair

StudentOfBusiness wrote: »

120mm of travel it states in the site.

Which you so helpfully forgot to show on your OP hence asking me the question.

shaun_from_Africa

StudentOfBusiness wrote: »

I said can they replaced and he said he would see what he could do.

I rung up Citizens Advice after and they have told me to send a letter or go into store and quote the Sales of Good Act.

I wouldn't go in "all guns blazing" with the SOGA yet. All this might achieve is to get the store manager's back up and make it far harder to get the situation resolved.
It would probably be worthwhile waiting until you find out what they say about getting the forks replaced.