Quad bike bought online

LABMAN

pinkshoes wrote: »

On that advert, it doesn't say what it can and cannot do.

I know nothing about quad bikes, but I would like to think that it could take an adult up and down rough terrain! Particularly at that price!!

At the price of £600 and 125cc it's little more than a toy car. Quad bikes vary in price from ~£500 - ~£15,000.

JulietH

Thank you for your comments although pointing out that my husbands effort to make my life easier has basically wasted our money on a toy isn't particularly helpful. What I need to know is can I get our money back. Can anyone answer that question please?

Lomast

The only chance of getting your money back is if you asked the seller if it were suitable for your use and they confirmed it was.

If that's not the case then your only other option would depend on how long ago you bought it as an online purchase you have the right to return but the vendor can reduce any refund if your handling of the product goes beyond what would new possible in a shop you would also have to pay the return costs as it would be a change of mind return

LilElvis

JulietH wrote: »

Thank you for your comments although pointing out that my husbands effort to make my life easier has basically wasted our money on a toy isn't particularly helpful. What I need to know is can I get our money back. Can anyone answer that question please?

Yes you can, but you will need to pay for the return postage and the seller is entitled to deduct money for the items loss of value if your handling is deemed to be excessive (up to 100% of the value). You built it and drove it round a field so they're not going to refund in full. Your best bet is to resell it on eBay yourself.

unholyangel

JulietH wrote: »

Thank you for your comments although pointing out that my husbands effort to make my life easier has basically wasted our money on a toy isn't particularly helpful. What I need to know is can I get our money back. Can anyone answer that question please?

People aren't saying that to be mean - its because the consumer rights act states that goods must be as described/match their sample, must be fit for purpose and be of satisfactory quality.

It appears to match its description so no grounds on that basis. Fit for purpose means either fit for the purpose they're commonly supplied for or fit for a particular purpose you made known to the seller before the contract was entered into. As you didn't make a particular purpose known and posters seem to agree the purpose of this vehicle is as a toy, its extremely unlikely you'd have grounds for a claim on that basis. The last of those is satisfactory quality.

Goods are of satisfactory quality if the meet the standard a reasonable person would regard as satisfactory taking into account the price, description and all other relevant circumstances (which includes statements made by the seller, producer or anyone acting on either the seller or producers behalf).

Additionally you have the consumer contract (information, cancellation & additional charges) regulations - which give you a minimum of 14 days after delivery to cancel (i say minimum because it can be extended to a maximum of 1 year & 14 days if the trader fails to comply with their legal obligations under the CCRs). However as above, they may be entitled to reduce your refund to account for the diminished value of the product - and I say may because in order for them to be allowed to reduce your refund, they need to have informed you of your rights under the act, your handling needs to go beyond what would be allowed in a shop and that unreasonable handling actually needs to diminish the value. Likewise with the return postage costs - they need to have informed you of your rights/that you would be liable for return postage costs. I imagine your handling has been unreasonable & would diminish the value so you'd be reliant on them not complying with the CCRs.


Really, its a bit like buying a 1.2 2wd car for a farm instead of a 4wd landrover. You might have bought it for that specific purpose but its not something its actually suited for. Thats not a criticism, just explaining.

You could try & see if the manual makes any reference to use on a farm/in that type of environment and if so, use the point I mentioned above (statements made by the seller/producer).

Fosterdog

I know you said it's for your personal use to help you carry hay nets but is your farm/stables run as a business at all?

theonlywayisup

You've been given excellent advice and I understand it can be frustrating.

Paypal and eBay give a purchaser rights aside of those unholyangel has outlined, but they don't sound like they will help, I will explain them anyway as you may not have mentioned something in your op which could be relevant to you opening a case such as if you asked any questions of the seller before you purchased.

eBay give you 30 days after delivery to return an item under SNAD - significantly not as described and Paypal give you 180 days from purchase date . This covers an item which is damaged on delivery, not as described or doesn't work on first use.

http://pages.ebay.co.uk/ebay-money-back-guarantee/

https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security

JulietH

Fosterdog wrote: »

I know you said it's for your personal use to help you carry hay nets but is your farm/stables run as a business at all?

It is most defiant not a business it's just my private 2 acre piece of land I keep my own horses on

JulietH

unholyangel wrote: »

People aren't saying that to be mean - its because the consumer rights act states that goods must be as described/match their sample, must be fit for purpose and be of satisfactory quality.

It appears to match its description so no grounds on that basis. Fit for purpose means either fit for the purpose they're commonly supplied for or fit for a particular purpose you made known to the seller before the contract was entered into. As you didn't make a particular purpose known and posters seem to agree the purpose of this vehicle is as a toy, its extremely unlikely you'd have grounds for a claim on that basis. The last of those is satisfactory quality.

Goods are of satisfactory quality if the meet the standard a reasonable person would regard as satisfactory taking into account the price, description and all other relevant circumstances (which includes statements made by the seller, producer or anyone acting on either the seller or producers behalf).

Additionally you have the consumer contract (information, cancellation & additional charges) regulations - which give you a minimum of 14 days after delivery to cancel (i say minimum because it can be extended to a maximum of 1 year & 14 days if the trader fails to comply with their legal obligations under the CCRs). However as above, they may be entitled to reduce your refund to account for the diminished value of the product - and I say may because in order for them to be allowed to reduce your refund, they need to have informed you of your rights under the act, your handling needs to go beyond what would be allowed in a shop and that unreasonable handling actually needs to diminish the value. Likewise with the return postage costs - they need to have informed you of your rights/that you would be liable for return postage costs. I imagine your handling has been unreasonable & would diminish the value so you'd be reliant on them not complying with the CCRs.


Really, its a bit like buying a 1.2 2wd car for a farm instead of a 4wd landrover. You might have bought it for that specific purpose but its not something its actually suited for. Thats not a criticism, just explaining.

You could try & see if the manual makes any reference to use on a farm/in that type of environment and if so, use the point I mentioned above (statements made by the seller/producer).

Thanks very much for properly explaining the rules for me. I will check the manual but don't hold out much hope. I suspect we may end up as someone else suggested re listing it on eBay ourselves