Can I have a refund on my £1600 bike after 7 months?

TheTrash · 6 October 2013 at 8:59AM

In February I brought a £1600 carbon fibre road bike, almost immediately I had to take it back three times as the spokes on the back wheel kept coming loose resulting in the manufacturer replacing back wheel which took 6 weeks and the shop I brought it from lending me a wheel.
There has been a few other minor niggles meaning I'm taking it back and not riding it. 2 weeks ago I discovered a crack in the frame which means is unsafe to ride. The bike shop are still waiting to hear from the manufacturer about if the frame will be warrantied.
I've really had enough of the bike/brand now, can I have a refund rather than a replacement frame of which the bike shop says it's the best it can do? I've even told the bike shop I'll buy another brand bike from them as they are very helpful usually.

frugal_mike · 6 October 2013 at 9:19AM

Once the bike is 'accepted' (a term with a specific meaning under the sale of goods act) you lose the right to insist on a refund. The retaier must repair, replace or refund if the faults are inherent. You can say which option you prefer,but you can't insist on an option if one of the other options is cheaper for the retailer. If they did offer a refund they can deduct money to take account of the usage you've had, although if they did that I would be reminding them that you haven't had the full 7 months usage out of it.

Also once 6 months has passed any fault will be assumed to not be inherent unless you can prove otherwise. The shop might ask you to get an independent report showing the cracked frame is an inherent fault and not from misuse or fair wear and tear. Hopefully this won't happen if the manufacturers warranty is in place though.

However since you have had to take the bike back so many times it may be worth pointing this out to the shop and saying you'd rather have a replacement. They may agree to that.

notanewuser · 6 October 2013 at 9:19AM

No. It's up to the retailer whether they repair, refund or replace. You have no legal rights to insist otherwise.

TheTrash · 6 October 2013 at 9:31AM

Thanks for the replies, looks like its £1600 down the drain.

frugal_mike · 6 October 2013 at 9:38AM

Well I wouldn't say its down the drain just yet. If its an inherent fault they have to put it right. 7 months is not a reasonable time for a bike to last.

For future reference, you could probably have legally 'rejected' the bike and insisted on a full refund when you noticed the first fault. Acceptance does not (usually) happen immediately when you buy something, you have a reasonable time to inspect it.

TheTrash · 6 October 2013 at 9:49AM

I think they will replace the frame(eventually). This being cheapest for the shop as it'll be the manufacturer who'll pay for the frame. Does it have to be exactly the same replacement? The frame they will replace mine with will be a different colour as it will be the New Years(2014)colours, which aren't as nice looking(important for me!)

I just don't want the bike anymore due to missing so many rides from it breaking/faulty.

notanewuser · 6 October 2013 at 9:50AM

Accept the bike and then sell it on then?

frugal_mike · 6 October 2013 at 9:53AM

Well it will get a little more complex if what they're offering to replace with is not identical to what you had before. It will come down to just how important the frame colour is. It may be worth pointing this out to the shop before the manufacturer send a new frame.