Should I have to pay?

MaKaVeLi

Hi guys!

This is my first post, but I've looked over the forum a few times before and know how knowledgable you guys are.

Being that it's New Year, I decided to get in shape and buy an exercise bike. :j

As I am 17st stone, I needed a bike that could cope with my weight, soI went onto google, searched and found an exercise bike from benysports.co.uk that looked like it would serve my purpose.

The bike was advertised as suitable for riders up to 17.2st and best of all was on offer for £46.99 with free delivery.

I ordered the bike, it turned up and I began to build it. Once built it didn't look very sturdy, but it was only when my wife pointed out that the box that it came in clearly states that it's only suitable for up to 15st that we realised it really wasn't right.

I emailed benysports and informed them that they have made a mistake on the website and said that I would like to return the bike and get one that was better suited to my needs.

Benysports replied stating "We can confirm that the advertised weight limit is correct, it is our own imposed limit which we feel comfortable quoting based on the testing procedure that this model has passed to conform to the relevant British Safety Standards"

I replied saying that I appreciate that they believe that it's fine, but I'm not comfortable using the bike when I am so far above the maximum weight and asked again if they could provide me with the details of how to return the bike for a refund.

Now they have replied stating that I can return the bike in person (too far away) or they will collect it at a cost of around £25 to me.

Can this be right?

The details of the product were incorrect, this was the companies mistake, so should I really have to pay them more than half of the cost of the product?

Any and all help is greatly appreciated!

Thank you so much in advance,

Tom :beer:

frugal_mike

If the bike is not as described then you are entitled to reject it for a full refund and for them to collect it at their own cost under the Sale of Goods Act.

Noctu

When did you receive it? You might still be in the time frame for returning it under the Distance Selling Regulations...

pinkshoes

To be fair , 2 stone isn't much over the limit given safety standards to even state 15 stone limit means they would have tested at a MUCH higher weight.

on yer bike!

(Good luck with the weight loss! )

MaKaVeLi

Thanks for the replies!

I received the bike on Friday... So 5 days ago, contacted them that evening but I think they were closed until Monday.


Pinkshoes;

To be honest, I was relieved that they had misquoted the maximum weight limit, as it allowed me to return the bike as not fit for my purpose... Honestly, the bike was way too flimsy for me.

However, let's pretend that I was happy with the bike and decided to keep it because benysports.co.uk have deemed it safe to ride, even though I'm over the maximum weight limit printed on the box.

Let's say I have an accident and I'm severely injured on the bike as the bike wasn't strong enough for my weight...

Who's liable then?

I think I would be on my own.

I just feel that selling a 15st bike as a 17st bike because they're sure that it can handle the weight is like a car dealer selling a smart car as a 7 seater because they're sure that you can squeeze 7 in...

Thanks guys,

Tom

agrinnall

I find it hard to believe that an exercise bike only costing £47 wouldn't be incredibly flimsy. I'd return it - a SOGA return is best as it won't cost you anything, but a DSR return may be less hassle even though you may have to pay to get it back to them - and save up a bit longer to get something sturdier and more suitable.

MaKaVeLi

agrinnall wrote: »

I find it hard to believe that an exercise bike only costing £47 wouldn't be incredibly flimsy. I'd return it - a SOGA return is best as it won't cost you anything, but a DSR return may be less hassle even though you may have to pay to get it back to them - and save up a bit longer to get something sturdier and more suitable.

I've bought a nordictrack gx 4.1 now, which I'll be getting at the weekend, so that should suit my needs perfectly.

Anyways, how would I go about a SOGA return, as I would like my money back and would prefer not to be out of pocket...?

Thanks so much!

Tom :beer:

frugal_mike

To return under SoGA you first need to avoid using the bike (which you appear to have avoided anyway) and then you should tell the shop that you are rejecting the bike because it is not as described.

Under the terms of the Distance Selling Regulations (which goes hand-in-hand with the SoGA) they have to refund you in full, and they have 21 days to collect the item from you at their own expense.

As Agrinall mentioned, they may not go along with this easily if they feel the item was not misdescribed. It may be less stressful to just send it back at your own expense, it can probably be done for less than £25. I would take a scteenshot of the website to prove it says 17 stone if you're going down the SoGA.

MaKaVeLi

Thanks Mike!

I have screenshots of the website and a photo of the box, to show that the weight limit was misquoted on the website.

I'll get a quote for collection and delivery to them to see if it's cheaper, but still ask that they cover the cost, as it was their error.

Does this seem fair?

Kind regards,

Tom

frugal_mike

It seems perfectly fair to me. See what they say when you say you're rejecting the item under the Sale of Goods Act.

frugal_mike

Oh, and make sure to send it to them in writing (email is fine) just to make sure you cancel within the DSR timescales. The Sale of Goods Act on its own is sufficient, but its good to have both.