Consumer Rights Act - do they apply with Gift Vouchers or similar? £4K bike from evans cycles

McCube

Nine months ago I purchased a new bike from Evans Cycles for £4,000.

The bike is made by Cube with a Bosch motor which has failed. Replacement motors are c£750.

The bike is back with Evans who’ve attempted the usual “you need to contact the manufacturers directly mate” nonsense but are now grudgingly looking into warranty repairs but progress is glacial.

Clearly for a £4000 bike to fail in less than a year is the realms of “not fit for purpose” and the Consumer Rights Act. HOWEVER, I purchased gift vouchers via my employers voucher discount scheme to save a few hundred quid and paid for the bike with these.

Does this now mean I’ve lost some of the protection that would normally apply under CRA and I really do just have to wait for an undetermined amount of time to get the bike fixed?

Is there no mechanism to demand a replacement or a refund so I can get on with cycling?!

Aylesbury_Duck

I seem to remember a similar tale on here a while ago. I think the outcome might be that the contract is between the employer and Evans, so technically Evans don’t have to deal with you and it’s a B2B contract so consumer rights don’t apply. I may be wrong so do check that.

Aylesbury_Duck

I should add that a refund will be problematical because of the tax saving. The retailer couldn’t just refund you the full price because you didn’t pay the full price. To fully refund you would be betterment.

Keep_pedalling

Regardless of how you paid for it Evans have the option of providing a replacement, repair or refund, you can’t demand the latter.

Takmon

Aylesbury_Duck wrote: »

I seem to remember a similar tale on here a while ago. I think the outcome might be that the contract is between the employer and Evans, so technically Evans don’t have to deal with you and it’s a B2B contract so consumer rights don’t apply. I may be wrong so do check that.

Aylesbury_Duck wrote: »

I should add that a refund will be problematical because of the tax saving. The retailer couldn’t just refund you the full price because you didn’t pay the full price. To fully refund you would be betterment.

What your saying applies to "cycle to work" type schemes.

The OP said "I purchased gift vouchers via my employers voucher discount scheme". So this is different and they don't get any tax saving on these vouchers. A lot of employers offer these type of discounted vouchers where you save a few % on any type of gift voucher. You are simply buying gift vouchers like you would in a lot of shops.

zoob

First thing, after 9 months it’s perfectly reasonable onset law for retailer to insist on a repair at this stage either by themselves or Bosch on the retailers behalf
It would probably be a lot quicker contacting Bosch directly and arranging the fix and they’ll sort it on Evens behalf

If they did decide to go down the refund root after repair attempt you’d be refunded in the payment method originally used

aau1

after six months the onus is on you to prove the item was sold to you with an inherent fault. If you haven't done this they don't need to entertain any requests for a refund/repair/replacement....regardless of how you paid

twhitehousescat

aau1 wrote: »

after six months the onus is on you to prove the item was sold to you with an inherent fault. If you haven't done this they don't need to entertain any requests for a refund/repair/replacement....regardless of how you paid

ahh , so you need an independent report


may I suggest evans cycles