Consumer rights on second hand goods

AdrianC

Is the part actually faulty...?

He bought a non-identical part in the hope it'd solve his problem. It didn't. We don't know whether that's because it's the wrong part (his fault) or the problem lies elsewhere (his fault) or the part was faulty (the supplier's fault).

If the part has been damaged by being used in the wrong application (entirely possible), then no refund would be due.

If a refund is due, then their costs of sale (removal from the donor bike) are their problem, not his.

treecol

The dealer supplied the second-hand part saying it "should" fit as it was from a bike of the same year. It plugged in but did not fix the issue with his switch ie the indicators still do not work. We do not know if this second-hand part was faulty or not, we don't have any means of testing the electrics in it & the dealer knew this. The part has not been damaged nor could it have been when it was tried. The electrical connections were identical & simply plugged in, nothing was fitted to the bike.
Trading standards are entirely happy that with the details we've provided, the company is liable to issue a full refund.

treecol

Though I'd post an update as this may be helpful for someone in a similar position. The trader has now provided a full refund as they could not prove that a contract had been entered into with our friend to remove the second-hand part from the motorcycle & supply it to him. they accepted liability when we put it in writing pointing out the facts as per trading standards advice. I suspect they have also now been investigated by TS so that may have played a part.
So folks, do check your rights & don't be fobbed off by traders telling you that you don't have any - TS say that was the criminal part. Distance selling affords more rights & second-hand goods don't affect your rights either. It is also only CD's DVD's & computer games/software that must be returned unopened. Other goods can be opened to be examined.
We have a local shop saying they don't provide refunds on curtains if the packaging is opened, again TS say not so - refunds must be given. So do check!