HELP! Right to refund faulty ebike??

jimmy_w1992

Hello looking for some help.  I purchased an electric mountain bike from my local Giant store last week.  Since then I’ve had nothing but problems with the bike.  I paid £2860 and in my eyes it’s not fit for purpose and I would like to know we’re I stand in regards to a refund before I go to the shop.  I bought the bike on the 10/04/2020 and on the first day I noticed the bike was skipping gear on its own.  Returned on the 12/04 and was told that the cassette had worn and would be replaced under warranty.  (not what I expected on a 1 day old bike that cost a substantial amount of money.)  took the bike home the same day and realised straight away the problem was now worse not fixed,  another trip to the shop and was told as a process of elimination. They now believe the rear derailleur to be at fault.  Replaced on the 14/04 and all seemed to be fine.  Took the bike on an hour ride and then washed it to the manufacturers instructions..  charged the battery that night.  I tried to go in the bike the following morning but the bike will not turn on. I’ve completely lost faith in the bike and I just don’t feel comfortable spending that amount of money in a bike that has spent more time in the shop than I have rode it!  After some research online there seems to be a common problem with moisture getting into the ride control panel and messing with the electrics.  I have no doubt that the manufacturers will find the bike to be faulty again but the bike does show slight signs of use from were I’ve obviously used it.  Will I still be entitled to a refund? Thanks any help greatly appreciated!  

neilmcl

The purchase was less than 30 days so you are entitled to a full refund under the Consumer Rights Act 2015 (CRA). Also, the CRA states that the seller only has a single chance at a repair so that would also strengthen your position.

DoaM

As above ... the seller has had their single (actually two now) opportunity to make the goods conform to contract. As they still don't then you can reject them for a full refund.

How did you pay initially? (If you paid by credit card then you can raise a section 75 claim against the card provider if the seller play silly beggars about the refund ... S75 makes the credit provider jointly and severally liable with the seller for the performance of the contract).

jimmy_w1992

Thanks for your help I actually paid cash..   Tried to return the bike this morning but the shop was closed due to staffing issues will update tomorrow.  👍

hollydays

You paid cash?????

DoaM

hollydays said:

You paid cash?????

Other than the lack of consumer protection (chargeback / section 75), why does that shock you? People pay cash for things all the time, even for expensive things. Even a bank transfer is essentially the same as cash and that's done regularly.

I've been getting building work done and all the stage payments have been cash or bank transfer.

hollydays

DoaM said:

hollydays said:

You paid cash?????

Other than the lack of consumer protection (chargeback / section 75), why does that shock you? People pay cash for things all the time, even for expensive things. Even a bank transfer is essentially the same as cash and that's done regularly.

I've been getting building work done and all the stage payments have been cash or bank transfer.

..other than the lack of consumer protection.. I see no similarity with paying a builder , and going into a shop carrying that amount of money. Why would you do that?

davidmcn

DoaM said:

hollydays said:

You paid cash?????

Other than the lack of consumer protection (chargeback / section 75), why does that shock you? People pay cash for things all the time, even for expensive things. Even a bank transfer is essentially the same as cash and that's done regularly.

Other than the risk of being mugged on the way to the bike shop, yes.

Plus bike shops will inevitably accept payment by card, which may well not be an option for the likes of your builder.