Bike Refund Query

jollyrodger

I need some advice regarding my rights to a refund in the following situation.

• I bought a bike (£1600 on credit card) from Evans in June of 2020 (order placed online 19th June 2020 and bike picked up 6th July 2020).
• The first frame had a manufacturing issue so a warranty claim was processed and I was sent a new frame frame that I picked up on 2nd January 2021.
• The replacement frame also has a manufacturing issue which Evans admits. However, in their latest email (sent 18th June) I was offered two options: another replacement frame or a partial refund of £221. 

As far as I can tell from reading articles about the consumer rights act I should be entitled to a full refund as the first replacement was also faulty. I've had a cursory look at the actual consumer rights act 2015 but couldn't determine for sure what the law says about this situation. One possible complication is that I have used the bike to work for deliveroo so I'd like to know if the fact that it has been used as a commercial vehicle changes the situation.

Could I get some advice on what my rights are in this situation and could you please back up the information with the relevant parts of the CRA? Thanks

Sandtree

Ignoring the complication... presumably the £221 isnt intended to be a full refund with you returning the bike but a reduction in the sale price with you keeping the bike with its defect?

If you were a consumer then you could exercise your right to reject the goods based on the previous failed attempt to fix the issue however the merchant can reduce the refund to reflect the use you've already had from the item. The law doesnt state how this should be calculated and there are several methods being used. That said to reduce it to £221 feels far too low, if it was to reduce it by £221 then that feels more reasonable. Your rights only enable you to force a refund but clearly you can do different deals were you willing to keep the bike at a certain price.

Obviously the sticking point is that you didnt buy this as a consumer but as a sole trader. What is the split between personal use and commercial use (honestly)? Are you intending to include the bike as a business expense when you do your returns? Assuming its mainly a business use item and you intend to count it as an expense then consumer rights don't exist and you are back to the T&Cs of sale and commercial negotiations with the shop.

MattMattMattUK

jollyrodger said:

One possible complication is that I have used the bike to work for deliveroo so I'd like to know if the fact that it has been used as a commercial vehicle changes the situation.

Leaving the other side of this to others, the simplest answer to this part is to not tell them. In theory it depends if you bought the bike as a business purchase, rather than as a personal purchase, but it also has no bearing on the manufacturing fault with the frame, so the easiest course of action is to not tell them (but also do not lie if directly asked).

Keep_pedalling

I presume the partial refund also lets you keep the bike. If that is the case does the fault affect your ability to use the bike or is it purely cosmetic?

jollyrodger

Sandtree said:

Ignoring the complication... presumably the £221 isnt intended to be a full refund with you returning the bike but a reduction in the sale price with you keeping the bike with its defect?

Yes I should have been clearer. Here is the what evans sent me:

"Following an assessment from Norco I am writing to offer you the following options.

 -A replacement frame provided by Norco (expected Aug/Sep 21)

 -A partial refund equivalent to this offered replacement, £221

 These options take into account the heavily used condition of the rest of the parts and the bikes use as a commercial vehicle. Both options are subject to you surrendering the current frame to us for destruction. 

 Please let us know your choice and we can begin to process either transaction. "

I don't know if by taking the partial refund option I only have to give up the frame or the whole bike (all other parts included). My guess (based on the low amount) is that it would be the former, but I would have to ask for clarification on this.

As you can see from the email they already know I have used the bike for working as a deliveroo rider. I would honestly say that, in terms of miles done on the bike, there has been a 40-60 split between work and leisure. I haven't filled out my tax return for 2020/21 yet so it hasn't been included as an expense yet. Is this what would determine whether I bought the bike as a consumer or a sole trader, or by simply using the bike at some point for work do consumer rights no longer apply?

jollyrodger

Keep_pedalling said:

I presume the partial refund also lets you keep the bike. If that is the case does the fault affect your ability to use the bike or is it purely cosmetic?

To give some information regarding the fault, the issue lies with the machining of the bottom bracket shell. The bore hole has been made too small such that the bottom bracket creaks (most likely due to excessive pressure on the bearings). It's out of tolerance by at least a factor of 2. 

Keep_pedalling

In your shoes I would go for the replacement frame  (making sure the BBS is not faulty on the new frame before reassembling the bike). I think you would struggle to obtain more from a court based on your use of the bike. 

Sandtree

jollyrodger said:

Sandtree said:

Ignoring the complication... presumably the £221 isnt intended to be a full refund with you returning the bike but a reduction in the sale price with you keeping the bike with its defect?

Yes I should have been clearer. Here is the what evans sent me:

"Following an assessment from Norco I am writing to offer you the following options.

 -A replacement frame provided by Norco (expected Aug/Sep 21)

 -A partial refund equivalent to this offered replacement, £221

 These options take into account the heavily used condition of the rest of the parts and the bikes use as a commercial vehicle. Both options are subject to you surrendering the current frame to us for destruction. 

 Please let us know your choice and we can begin to process either transaction. "

I don't know if by taking the partial refund option I only have to give up the frame or the whole bike (all other parts included). My guess (based on the low amount) is that it would be the former, but I would have to ask for clarification on this.

As you can see from the email they already know I have used the bike for working as a deliveroo rider. I would honestly say that, in terms of miles done on the bike, there has been a 40-60 split between work and leisure. I haven't filled out my tax return for 2020/21 yet so it hasn't been included as an expense yet. Is this what would determine whether I bought the bike as a consumer or a sole trader, or by simply using the bike at some point for work do consumer rights no longer apply?

It is use that matters not what you told the vendor and based on their email it would appear that they already know its for commercial use so a bit late to commit fraud and claim its only personal use.

Did you buy it in components? Do you know the price for the frame alone? You clearly need to confirm what the refund offer really is... is it just for the frame or the whole bike, if its for just the frame do you retain the faulty frame or is its return part of the deal.

sheramber

   if its for just the frame do you retain the faulty frame or is its return part of the deal.

It appears so.

Both options are subject to you surrendering the current frame to us for destruction. 

neilmcl

Can we assume that them only offering £221 in lieu of the frame, that this an electric bike? If you agreed to this can you get s suitable, alternate frame that will fit with all the existing components for the price?

Personally I'd take the offer of the replacement frame and leave it at that, particularly as your not in a great position consumer wise.