Bought faulty bike on line

funnymonkey

evening.
Can anyone offer me some help as I don't know where I stand here.

Bought a Vitus bike at the end of April on line and didn't use it for 3 weeks due to recovering from a slipped disc but on my first ride (actually before I got to the end of my road) there was a very loud clunk clunk from the bottom bracket and lots of squeaking elsewhere which Ive found it hard to pinpoint but its an intolerable sound. This should not be happening on s brand new bike.

Im still within 30 days but the seller have refused to accept the return because they say because its been used. I can't accept this as it would be impossible to determine most faults on a bike without actually using it.
Sub standard bike and not fit for purpose in my eyes.
I can appeal to my bank for a charge back as I paid via credit card but wondering what other options there might be available to me and Im unsure of my consumer rights.
I don't wish to nor think I should be getting it repaired as their customer service has shown should the bike have any further faults within a reasonable amount of time they won't offer any assistance whatsoever.
Thank you

Silver_Shark

Was the bike delivered at the end of April? If so you are not still within 30 days regardless of the fact you didn't use it for three weeks. You can return the bike within 30 days of purchase if it is not of satisfactory quality, fit for purpose or not as described and have a legal right to a full refund. After 30 days you can ask  the retailer to replace or repair the bike.

neilmcl

Have you set up the bike properly?

This is why I'd never buy a bicycle online if I didn't know how to fully set up one and maintain it myself.

dreamypuma

I fear you may be just out of your 30 day window for rejection, you'll need to work this out yourself using the exact dates. 

If you are confident that you are still within 30 days (as you say): Advise the vendor in writing that you are rejecting the goods for a full refund under rights afforded to you under Consumer Rights Act 2015. State the faults you have encountered.

If 30 days have lapsed you have slightly less leverage. You can request a remedy for the faults you have encountered under Consumer Rights Acts 2015. The remedy is at the vendors discretion, and may include repair, replacement or refund. The refund may be partial, to reflect use /ownership of the bike. It is the vendors responsibility to demonstrate that there isn't a fault in the first 6 months. They may engage the support of the manufacture to identify / confirm the faults.

The fact you have not been able to use the bike for three weeks has no relevance to the vendor.

Do not let the retailer, blur the boundaries between your statutory rights, warranties or their terms and conditions. The latter two are contractual and not statutory.

Request in writing how they would like to remedy the situation, with timescales.

How did you pay for the bike? Hopefully credit card or finance?

the_lunatic_is_in_my_head

The above advice is patchy. 

OP you have the right to reject the goods out right for a full refund within 30 days (which would be when you first contacted them rather than now) if they do not conform to the contract

However when exercising the short term right to reject it is not taken that the goods do not conform and as such if the retailer disputes the claim you'd need to actually show the goods do not conform, typically by having a report to show what the issues are (which should typically be easy for a bike, hopefully a local bike shop would be willing to do this). If the report shows the goods do not conform then the retailer must refund in full and cover the cost of the report. 

The alternative is that within the first 6 months it is taken that the goods do not conform but the retailer may at their choice offer a repair, replacement or, in this case, a full refund (as a refund may only be reduced after 6 months). 

The fact the bike is used is completely irrelevant. 

It's all covered here:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

At this stage not much point in highlighting specifics as the retailer either doesn't know your rights or is trying to mislead you if they think they can deny you the rights to seek a remedy simply because the bike is used. 

Either contact your card company or push back with the retailer by stating you wish to reject or seek a remedy at their choice which would ultimately come down to letter before action and small claims if two parties can't reach a agreement. 

Worth a note that if you decide to accept a repair or a replacement and after this the goods still do not conform to the contract you may then reject the goods. 

funnymonkey

Just to confirm I am within my 30 days from delivery date to reporting the fault.

neilmcl

funnymonkey said:

Just to confirm I am within my 30 days from delivery date to reporting the fault.

So what exactly are the faults then and, as asked earlier, have you properly set up your bike prior to riding it? Do you know know how to properly set up and maintain the bikes components. If you want to reject the bike then the onus is on you to prove that the bike doesn't conform to contract.

JamoLew

Clunk, clunk could just be the chain or gears slipping or even the sound it makes when changing gear.
As for the squeak - lots of causes.
As above - what is actually faulty ?

Manxman_in_exile

funnymonkey said:

...
Im still within 30 days but the seller have refused to accept the return because they say because its been used. I can't accept this as it would be impossible to determine most faults on a bike without actually using it.
...

Have you bought this from Wiggle?  (They seem to own or have the rights to Vitus bikes in the UK).

Have you made it clear to them that you are rejecting the bike under your statutory consumer rights because it has a fault, and that you are not trying to use their own returns policy?  (Wiggle's own returns policy says it must be unused which doesn't apply to stautory rights).

If it is Wiggle, I'm surprised they don't seem to know the law... ?

funnymonkey

I'd like to thank you all for your advice
I spoke to Trading standards and my Bank yesterday and they gave me some very good advice and Trading standards are taking my case over and the bank doing a chargeback.
Much appreciated for all your help