Returning a bicycle

marlasinger

I purchased a mountain bike from Evans Cycles (online) in June 2020. On taking the bike for a couple of rides, I thought it didn't feel right and have taken it to a local bike shop for a first service. They have told me that the rear axle is bent and that a bearing is damaged in the bottom bracket, and have advised that I return the bike.
Note that I have swapped out the handlebars - stupidly did this before test riding it.
I have contacted Evans Cycles, and they are refusing a return/refund because it is used.
Are they correct? Have I shot myself in the foot by swapping out the handlebars (I don't have the original), even though that is nothing to do with the problem?

Thanks
marlasinger

DoaM

They must provide a remedy - up to 6 months from purchase any fault is assumed to be inherent (present at the time pf purchase) and the seller must prove* otherwise if they wish to decline providing a remedy. Such a remedy can be a repair, a replacement or a refund (in full) - seller's choice. So no - they are not correct. They cannot (legally) blithely ignore you. (Consumer Rights Act 2015 applies).

* Them simply saying so isn't proof.

PS - you changing the handlebars wouldn't be a fundamental change that impacts your rights. The fault you've described would not be affected in any way whatsoever by changing handlebars.

ssparks2003

Reading the OP evans are refusing refund/ return. Which is there choice, there is no mention of repair which is reasonable, have you discussed this option 

Manxman_in_exile

Is it that straightforward if the OP can't return the "same" bike she bought?  She's modified it and no longer has the original handlebars?  I'm presuming the handlebars are an upgrade(more expensive?), that the OP will want to keep them, and that Evans won't want to pay for them, but Evans will want back a bike with handlebars.  It's not insurmountable but is more complicated.

I'd also be a bit concerned if the OP had the 'bars changed at a third party shop rather than doing it herself.  I think a full refund may be tricky?

marlasinger

Evans are refusing a return/refund, but have said that I can take it in to one of their shops and they will quote a price for a repair. I don't want to pay to repair a bike which was faulty when I purchased it only 2 months ago. Also, I don't know a huge amount about bikes but I'm pretty sure the cost of the repair will probably be around the same as the cost of the bike!! I do understand if they have a problem with the handlebars being different (I changed it myself, not a 3rd party shop), but at the same time changing the handlebars didn't cause the problem with the bike. I also don't have a problem returning the bike with the different handlebars still attached.

Kicking myself really, because if I hadn't changed the handlebars then I think it would be fairly straightforward that they should offer a return and a refund, correct?

KeithP

marlasinger said:

...if I hadn't changed the handlebars then I think it would be fairly straightforward that they should offer a return and a refund, correct?

Yes, I think so too.

You may have to cover the cost of supplying and fitting an original handlebar before they will consider a remedy.

DoaM

Please refer to my previous post - no point in me typing it all out again. Unless Evans can prove that changing the handlebars caused the fault (highly unlikely) then they cannot charge for a repair. Of course they can refuse to refund (as the goods don't match what was sold), and they may not wish to replace (for the same reason), but they cannot refuse (or charge for) a repair.

Edit: That's to the OP, not Keith.

KeithP

DoaM said:

Please refer to my previous post - no point in me typing it all out again. Unless Evans can prove that changing the handlebars caused the fault (highly unlikely) then they cannot charge for a repair. Of course they can refuse to refund (as the goods don't match what was sold), and they may not wish to replace (for the same reason), but they cannot refuse (or charge for) a repair.

Edit: That's to the OP, not Keith.

Can the seller not choose the remedy? If the seller chooses to replace or refund rather that repair, then my earlier post may have some relevance.

DoaM

Yes, the seller can choose the remedy. But they also can't take such action that fundamentally disadvantages or inconveniences the consumer.

I agree that the OP hasn't helped things by replacing the handlebars and throwing away the original. (Why would anyone do that with a brand new bike that they haven't even tried out yet?)

cymruchris

Out of interest - what maintenance did you carry out on the bike in the first couple of months of ownership? Bikes require regular checking to ensure every nut and bolt is tight. The vibration from riding usually makes things loose over a period of time, and usually more so in the first few weeks of ownership. The bottom bracket is one of those key areas that needs to be checked regularly to ensure it's tight. If it becomes loose, it can easily lead to bearing damage. You could potentially also get a bent axle the first day you rode the bike by coming off a high kerb at speed for example. Bikes are strong, but they aren't invincible. What you need to establish is whether the faults were present from the outset - and if they were how it's taken 2 months to get them reported. You may have to come to a compromise if you've not completed any basic maintenance, whereby they pay the labour and you pay the parts for example. Ongoing, any bike you have will have these kinds of issues if not maintained, all related to things like your style of riding and where you ride the bike. Faults on bikes are not necessarily faults like for example a green line appearing on a tv screen 2 months after purchase.

Manxman_in_exile

I'm not saying the OP can't succeed here, but I think they've made it unneccessarily difficult for themselves and not entirely straightforward.

Why anybody who doesn't know a huge amount about bikes would want to change the 'bars on a brand new mountain bike without even test riding the bike completely escapes me.  (And then throw the old 'bars away without keeping them!)  On all the bikes in my house (that's one for me and two for my wife) changing the bars would entail releasing the brake levers and gear shifters on the old 'bars, taking the old 'bars off the stem, fitting the new 'bars on the bike and then refitting and adjusting the positions of the brake levers and gear shifters on the new 'bars.  Seems like a lot of pfaffing about for someone who isn't familiar with bike maintenance - and a lot of scope for things to go wrong in inexperienced hands.  (And let's throw the old bars away immediately!)

I am certainly not suggesting the OP has done anything wrong here, but I think it's certainly open to Evans to argue the bike was OK when it left them and that before they were notified of any fault (and indeed before the OP was aware of any fault) the inexperienced and unknowledgeable OP carried out their own modifications to the bike during which the damage could have occurred.  DoaM may think that that does not discharge the burden of proof on Evans, but I think that in all the circumstances it might raise sufficient doubt in the mind of a judge to wonder if, on the balance of probability, the bike was OK when delivered to the OP, and was damaged subsequently.

Also, Evans used to be a really reputable bike firm and I always tried to visit one of their shops if I was in London.  But aren't they now part of Mike Ashley's SportsDirect empire?  If the experiences posters report on here about dealing with SD customer services carry over to Evans, then the OP is going to have a hard enough battle on her hands anyway