Defective product (new custom cycle not in as advertised condition) - what are my rights...?

disgruntled01

I've just taken delivery of a new bike, purchased through my company cycle to work scheme. On unboxing the bike a few days after delivery, I have found various 'defects' in the form of scratches to paintwork/finish on various parts of the bike (frame, wheels, mudguards, handlebars). One such scratch is more than just scratching of the surface paint, but a 'gouge' out of the aluminium. In general, the scratches/blemishes are generally only of the order of a mm-cm. 

On discovering these issues I have contacted the retailer, who has replied by offering me a small amount of 'store credit' (<5% of the purchase price) and said that I could buy some polish, some nail paint etc and polish out/cover up the marks.  The bike has not been used, just taken out of the box, inspected, and is now sat cluttering up my hallway!

I'm still a bit stunned by the response.  I mean how is this any different to buying a brand new car, and when finding it had a couple of scratches on the paintwork, some over-spray and a tear in the upholstery the manufacturer saying not to worry you can pop to B&Q and buy some metal paint and use a sewing kit to stitch up the upholstery, and for the in convenience we'll throw in a free service?

I'm not quite sure what exactly my rights are. But if I ordered a new bike, I'm pretty sure it's not unreasonable to expect one in 'as new' condition, with as good a finish as the photos on the website...? While I can see that paintwork blemishes in general do not affect the 'use' of the bike (it's a bike, it's going to get used and end up with some wear and tear) they shouldn't be there (in my opinion, given it's brand new).

 

I'm after some advice as to what my rights are, and the best course of action. I was perhaps naively hoping the company would just say something along the lines of 'sorry, lets arrange to return the bike and we'll send you one in the correct, as advertised, condition'

Thanks in advance.

Alderbank

I'm sorry but you have no consumer rights.

Consumer rights are when a consumer buys something from a trader, both defined in the regulations.
You haven't bought anything. Your employer has bought a bike and is lending it to you, in return you agreed to a 'salary sacrifice'. At the end of the agreed loan period you employer can offer to sell it to you for a price set by HMRC because both you and your employer have saved tax with the deal.

You could complain to your employer about the state of the bike they have purchased. In turn they could complain to Halfords (or whoever).

Wonka_2

Alderbank said:

I'm sorry but you have no consumer rights.

Consumer rights are when a consumer buys something from a trader, both defined in the regulations.
You haven't bought anything. Your employer has bought a bike and is lending it to you, in return you agreed to a 'salary sacrifice'. At the end of the agreed loan period you employer can offer to sell it to you for a price set by HMRC because both you and your employer have saved tax with the deal.

You could complain to your employer about the state of the bike they have purchased. In turn they could complain to Halfords (or whoever).

This +1

We're warned when we use the scheme that we forfeit our normal consumer rights and that, if possible, we should look to collect & check the bike rather than relying on delivery/self assembly.

Given the recent availability within the cycle market it's been difficult to do that and many who were unable to have had to make concessions on quality/scratches etc