New £1600 bicycle (faulty frame) Evans Cycles states 3 months+ to replace - what rights?

Norman_Castle

JesseJames_2 said:

Norman_Castle said:

Who's the maker? I'd expect bike manufacturers selling £1600 bikes to have better after sales service.

Bike Make and Model - Norco Search XR A1 2020

They're Canadian, Orange is the 2021 frame colour. Its possible they only ship bikes by the container load which might be the reason for the wait. Try contacting them directly.

Depending on your frame size your bike is still being offered by Evans. Can't that be used for the replacement frame?

JesseJames_2

Norman_Castle said:

JesseJames_2 said:

Norman_Castle said:

Who's the maker? I'd expect bike manufacturers selling £1600 bikes to have better after sales service.

Bike Make and Model - Norco Search XR A1 2020

They're Canadian, Orange is the 2021 frame colour. Its possible they only ship bikes by the container load which might be the reason for the wait. Try contacting them directly.

Depending on your frame size your bike is still being offered by Evans. Can't that be used for the replacement frame?

I have just been on the phone to him, and seen your new post.

Yes, he does stat that the orange frame is 2021 and that they might not be even available yet - looks like the reason, but still I've given him the link to the Consumer Rights Act, and to highlight to Evans for inconvenience, and unreasonable wait time.

Nebulous2

MalMonroe said:

Nebulous2 said:

What do you mean by the replacement will be orange? Is that different from the original? 

What does he want? I’d probably be pushing them for a refund and would then buy a bike elsewhere. He is unlikely to get it without a fight. While there has been a shortage of bikes this year that has tended to be sub £1000 bikes. More expensive bikes have been more readily available. 

There shouldn't have to be a fight at all, the law is on this OP's side. 

Shortage of bikes or no, should make no difference whatsoever to this case. Why so doom and gloom? 

Have you ever tried to enforce your statutory rights from one of the Frasers group companies? 

Herzlos

JesseJames_2 said:

Yahoo_Mail said:

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

"If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described. "

It is perhaps up for debate if waiting 3 months is "reasonable."  Under normal circumstances I'd say absolutely not, but with COVID it's not "normal circumstances."

Thanks, I did read that very link before posting, and that the bike is over 30 days but within 6 months, so they have 1 attempt to replace or repair.

Yes, it seems that the interpretation of the following 2 lines are key...

• a repair or replacement would cause you significant inconvenience
  He uses it for Deliveroo and main source of income, and is his only mode of transport.
  
• the repair would take an unreasonably long amount of time.
  Has been stated that it would be until after Christmas (at the earliest) - Taken back end September
  Covid or no Covid, I'm sure Christrmas orders will still be fulfilled at Evans !!
  

Also, this is a replacement, not a repair, so should that generally not be a quicker solution?

Seems like a pretty solid case for getting a refund.

However, if it's his only source of income and transport, he really should have bought something else to get him about for now. He can do deliveroo runs on pretty much any bike. Indeed that seems like an odd choice of bike for a bike courier since it's pretty expensive and heavy.

LudaMusser

I have owned a Trek, Specialized and a Canyon mountain bike in the past (still have the Canyon) and all came with a guarantee on the frame. I can't remember how long but we're talking years. The Specialized was bought second hand from Leisure Lakes in Daventry and still came with a warranty on the frame. After a weekend in Afan, Wales I was cleaning the bike and noticed a crack on one of the welds! I'd had the bike less than a year, it was returned to LL who in turn sent it to Specialized. Specialized sent a top of the range frame to LL in chrome paint who then built it back up and gave it to me. It was gorgeous! The original frame was a base model FSR and was red in colour,  replacement was a Pro.

Not really sure why the whole thirty days and six months thing is being mentioned here when your son's frame will have a warranty covering it for a number of years against defects

Manxman_in_exile

1.  Because the OP's son is relying on his stautory legal rights as opposed to the terms of any guarantee/warranty.

2.  It's the manufacturer who is saying how quickly (or slowly) they can replace it.