Faulty exercise bike

Sadielouise78

I purchased an exercise bike through an advert I saw. The advert said it had been serviced and was fully working. I did not try it at the time as there was no electricity available. Once I got it home and powered it up there is a problem with clunking around the crank. I have contacted the company and they say it was definitely serviced and working so I got an independent service company to come out and look at it and they say the fault would have been known about and they cannot fix it. I have contacted the seller again and am waiting for a response. What are my rights as I paid cash? I have lots of message going backwards and forwards about the sale and the faulty issue and also a time stamped video of the problem before the service company came out.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6661256/faulty-exercise-bike

Did you definitely buy from a company and not from an individual selling their own 2nd hand exercise bike?

Okell

A bit of detail would be helpful.

Where was this advert you saw?

Is this a second hand purchase? (I assume it was as otherwise why say it was fully serviced)

You mention "the company". Was this a bona fide dealer or retailer and not a private sale?

If you purchased from a bona fide retailer and the purchase is subject to UK law then you have (or had) the right to reject it for a full refund within 30 days.

After 30 days the seller has the right to have one attempt either to replace or repair before you can get a refund.

If this was a private sale you have no redress unless you can prove the seller knew it was faulty

Sadielouise78

So it was on Ebay but as the messages progressed he wanted cash on collection. It was advertised as second hand with very little use, an ex-demo, so it had been serviced as it had been stood for a short while. They seem to be registered as a private seller but they are a company called Gym-Tech in Stoke on Trent. We picked it up from their registered premises and brough it back to Leeds.

GrumpyDil

Did you complete the purchase through eBay?

Sadielouise78

No. He just marked it as no longer available but I have loads of messages about picking it up and him asking for cash and then contacting them when we became aware of the issue.

Okell

Is this them? Gym Equipment Services - Gym Tech

If you are still within 30 days of collecting the bike you can exercise your short-term right to reject the bike for a full refund. Refer them to sections 19, 20 and 22 of the Consumer Rights Act 2015.

If you are outside 30 days but inside 6 months, then the law presumes that the bike was faulty when you bought it and Gym-tech have the right to have ONE attempt either to fix or to repair the bike, but if that attempt fails you are entiteld to a full refund.

If outside 6 months the onus is on you to prove the bike was faulty when you bought it (sounds like you already have or can get an independent repair report confirming that). Gym-Tech still have one attempt either to repair or to replace, but if that attempt fails you are entitled to a reduced refund. (Reduced to take account of the use (if any) you have had of the bike.

Go back to Gym-Tech armed with the above info.

Sadielouise78

It was on Ebay but he didn't mark it as sold, only no longer available as we agreed to pay cash on collection.

The company is Gym-Tech in Stoke on Trent

Exodi

Presumably the eBay seller: https://www.ebay.co.uk/usr/gym-tech-uk-ltd

I note they have setup 'no returns accepted' on similar products (though this doesn't remove their obligation to remedy issues where the goods are not as described, as stated by eBay.

Presumably this is why they're trying to wrangle out their obligations by pretending it was working when it left but happened to break the second you touched it. I'm not sure how far you will get quoting legislation to them.

Personally I'd just open a case on eBay with the evidence you have mentioned in this thread, with an independent inspection also backing up what you say, it should be a slam dunk (personally I think eBay would have sided with you regardless, their position is pretty far-fetched).

Sadielouise78

Can I do that even the sale was not completed through Ebay?

Sadielouise78

and paid cash on collection?