Purchased An EBIKE Refund

boushear

Hello

I am not sure if i am writing this in the right place or not but i need some advice and guidance..

I purchased an E Trike in early December for around £2500 and it got delivered on the 13th may 2021. I only managed to ride it twice the last being on Xmas eve where the back tyre sheered off the wheel frame.. so much so that the trike lurched me into the road where a car just passed, I managed to hit the brakes just in time. 
Long story short the back wheel is broken.

I have contacted the company in order to discuss this and possible get a refund but as its Christmas i am not expecting to hear from them over the next few days..

Now here is my dilemma/question

I dont feel comfortable riding the trike as it nearly seriously injured me as well as it being broken.. where do i stand on getting my money back? I have looked on the website and its says Quote 'You may cancel your contract with us for the Goods you order at any time up to the end of the 14th day from the date you receive the ordered Goods.'

Now as i received the bike on the 13th dec 21, 14 days after this would be 27th dec but as its xmas the company wont read the email until the 28-29th at least. Are they legally required to take this into consideration. Also i have proof that i sent an email to the company on the 24th requesting a refund, will this suffice?

Also they tell you to contact head office but i cant find the email address for them and have had to email the address i found will that matter?

Here is the rest of the blurb in the terms and conditions

To cancel your contract you must notify us in writing at our head office, at Alpine Electric Bikes, 31 Stamford Drive, Groby, Leicestershire, England, LE6 0YD.

If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your contract, any sum debited to Alpine Electric Bikes (in respect of goods provided by us) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order, PROVIDED THAT the goods in question are UNUSED and returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you. If the goods have been used and then returned we shall be entitled to deduct an amount from the refund to reflect the condition of the goods.

You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Thanks for your help on this

Adam

smashinglynaive

Short term right to reject.

Although it does seem a little odd that you suddenly have no faith in them just because a tyre came off.

boushear

It rolled me into the road and I nearly got hit, my confidence in the trike is shook, also should a bike be breaking after 2 rides? 

Keep_pedalling

boushear said:

It rolled me into the road and I nearly got hit, my confidence in the trike is shook, also should a bike be breaking after 2 rides? 

Is It just the tyre or was this a rim failure? Punctures can happen anytime but rims should not fail unless subject to a very large impact. 

boushear

Don't think it's a rim failure, it's also not a puncture I don't think, not had much time to look at it due to Xmas, all I could see when I checked it has come off the rim and I could see the inner tube which looked inflated

Keep_pedalling

boushear said:

Don't think it's a rim failure, it's also not a puncture I don't think, not had much time to look at it due to Xmas, all I could see when I checked it has come off the rim and I could see the inner tube which looked inflated

That is exceedingly unusual, I can only think it could occur if the tyre was over sized, not correctly seated or under inflated.

boushear

Keep_pedalling said:

boushear said:

Don't think it's a rim failure, it's also not a puncture I don't think, not had much time to look at it due to Xmas, all I could see when I checked it has come off the rim and I could see the inner tube which looked inflated

That is exceedingly unusual, I can only think it could occur if the tyre was over sized, not correctly seated or under inflated.

Will have to have look at it properly when I get home, it's a trike with big tyres if that makes any difference, I never had a 2 wheel bikes tyers come off the rim even with a puncture, but I am a noob with bikes 

bris

It's all very well getting 14 days to cancel but in this case it isn't going to be as straight forward as that. It's not just a change of mind in brand new unused condition.

Trikes arent like bycycles, they are harder to corner. The company will want to find out why the tyre came of the rim.

Hit a kerb, pothole, cornering to fast tipping one side are all likely suspects for this type of failure so be prepared, don't be surprised if they blame you.

boushear

Yeah I figure that they will try and blame me, I am not 100% on wanting to get a refund I just want to know where I stand legally, I should have made that clearer.

All I can say to them is I never used it recklessly as I was riding on the kerb so had to navigate pedestrians so was going slow..
It's strange for this to happen on the 2nd ride for a bike that is said to be able to go off road 

sevenhills

boushear said:

Will have to have look at it properly when I get home, it's a trike with big tyres if that makes any difference, I never had a 2 wheel bikes tyers come off the rim even with a puncture, but I am a noob with bikes 

Did the trike come already assembled? A tyre can have a blowout at any time.

What type of trike is this, top speed and what are the tyre pressures?

You should have checked it was safe before you rode it, any motorist should check the basics every day, but many don't.

boushear

Yes it was already assembled, and the company did a demo of how to ride it safely.. 
I assumed as it was safe to ride and everything was good (tire pressure ) etc as it was delivered already assembled.
It's an alpine electric trike max sp 13mph I think, not sure as never gone over 5-6 mph.. 

No idea the tyre pressure