Second fault on new bike. Been told by retailer that they are not going to help fix it.

Entropy1024

I bought a new Trek e-bike from a very well known large UK bike store in the UK (Not sure if I'm allowed to mention which one). I had an issue with the charger from day 1 that has just been fixed today some 30 days after reporting the issue.

Yesterday the bike itself developed a fault where it wont turn on. This morning I took it back to the store I purchased it from and was told that they would not help me any further and that I had to deal with Trek directly.

Unfortunately as I took delivery of the bike on the 14th March I'm out of the 30 day period.

I've never had a retailer simply refuse to help with a faulty item. Can they do this?

Regards
Tim

marcia_

 You can name the store. 

 Your consumer rights lie with the store you bought from not the maker 

tightauldgit

Entropy1024 said:

I bought a new Trek e-bike from a very well known large UK bike store in the UK (Not sure if I'm allowed to mention which one). I had an issue with the charger from day 1 that has just been fixed today some 30 days after reporting the issue.

Yesterday the bike itself developed a fault where it wont turn on. This morning I took it back to the store I purchased it from and was told that they would not help me any further and that I had to deal with Trek directly.

Unfortunately as I took delivery of the bike on the 14th March I'm out of the 30 day period.

I've never had a retailer simply refuse to help with a faulty item. Can they do this?

Regards
Tim

No they cant do this. Your consumer rights lie with the shop. 

Entropy1024

marcia_ said:

 You can name the store. 

 Your consumer rights lie with the store you bought from not the maker 

OK good to know. Thank you. The store is Evans Cycles and I think Trek are talking to them currently.

Unfortunately the manager of this particular store is quite unprofessional and a very poor communicator. A vast majority of my questions to him have gone unanswered. Looks like Trek are getting the same treatment.

Manxman_in_exile

Are you certain you are outside the 30 days allowing you to exercise your short-term right to reject?

If the seller had your bike in for repair and it was some days before it was returned to you, you can add those days to the original 30 days.  So if for example they had the bike in for six days, your 30 days would become 36 days.  Of course, if they fixed it while you waited, this wouldn't apply.  See s22(3), (6) and (7)  Consumer Rights Act 2015 (legislation.gov.uk)

In any case, as you are within 6 months of purchase and they've already had one attempt at repairing it, and now another fault has cropped up, you can exercise your final right to reject for a full refund.  See s24(5)(a) Consumer Rights Act 2015 (legislation.gov.uk)

As others have said, your legal remedies are agianst the retailer, not Trek.

(You are allowed to mention the store.  Is it Evans?)

the_lunatic_is_in_my_head

OP as the goods did not conform to the contract and you have had one failed repair attempt you may exercise the final right to reject for a refund (full refund if you do so within 6 months of delivery). 

I would send a letter to their head office noting the legislation

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and requesting a full refund.

I would then buy another bike from Trek directly if their prices are reasonable in comparison. 

You can choose to allow Evans (or Trek) to repair again but you aren't obligated to allow them do so if you'd prefer the refund. 

Entropy1024

Manxman_in_exile said:

Are you certain you are outside the 30 days allowing you to exercise your short-term right to reject?

If the seller had your bike in for repair and it was some days before it was returned to you, you can add those days to the original 30 days.  So if for example they had the bike in for six days, your 30 days would become 36 days.  Of course, if they fixed it while you waited, this wouldn't apply.  See s22(3), (6) and (7) 

In any case, as you are within 6 months of purchase and they've already had one attempt at repairing it, and now another fault has cropped up, you can exercise your final right to reject for a full refund.  See s24(5)(a)

As others have said, your legal remedies are agianst the retailer, not Trek.

(You are allowed to mention the store.  Is it Evans?)

They certainly had the bike & charger for around 3 or 4 days at the store.
To be honest I like the bike and would rather just have it fixed.

So the original fault was for the charger, which I finally got resolved today. The new fault is with the bike itself, not the charger. So are these two items treated essentially as one?

Yes it is Evans. They are good at taking your money, over £2,200 in this case, told to leave the store when you have a fault that needs addressing.

Thank you for the information and links.

eskbanker

Entropy1024 said:
Unfortunately the manager of this particular store is quite unprofessional and a very poor communicator. A vast majority of my questions to him have gone unanswered. Looks like Trek are getting the same treatment.

Entropy1024 said:
...told to leave the store...

This is beginning to suggest that there may be wider issues other than simply the condition of the bike/charger?

Manxman_in_exile

Evans used to be one of the best specialist bike shops in the country.

Unfortunately, after becoming part of the Sports Direct empire and going nationwide they've had the same fate befall them as that of other once high quality names like Karrimor, Field & Trek, etc etc

Manxman_in_exile

Entropy1024 said:

Manxman_in_exile said:

Are you certain you are outside the 30 days allowing you to exercise your short-term right to reject?

If the seller had your bike in for repair and it was some days before it was returned to you, you can add those days to the original 30 days.  So if for example they had the bike in for six days, your 30 days would become 36 days.  Of course, if they fixed it while you waited, this wouldn't apply.  See s22(3), (6) and (7) 

In any case, as you are within 6 months of purchase and they've already had one attempt at repairing it, and now another fault has cropped up, you can exercise your final right to reject for a full refund.  See s24(5)(a)

As others have said, your legal remedies are agianst the retailer, not Trek.

(You are allowed to mention the store.  Is it Evans?)

... So the original fault was for the charger, which I finally got resolved today. The new fault is with the bike itself, not the charger. So are these two items treated essentially as one?...

I would say so.  Otherwise the more faults something had the more opportunities they'd have to fix it!

Jenni_D

In terms of the Consumer Rights Act, after a repair has been attempted then that is the seller's one and only attempt to make the goods conform to contract - if the goods fail again (for any reason) then the consumer can exercise their final right to reject. (CRA2015 s24 as posted earlier by @the_lunatic_is_in_my_head).

Given the seller's disgraceful behaviour so far then I suggest you'd be best served by getting that full refund and seeking an alternative elsewhere. They don't deserve your patronage - certainly not any form of loyalty.