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Some advice please

by Ali Fraser
Wed, Jun 12, 2019 22:46
6

Anyone good at dealing with legal stuff? 

I recently purchased a bike from a bike shop here in England, made by a manufacturer in Belgium called Ridley. I rode the bike happily for about a month until it broke - specifically, an irreparable part of the carbon fibre frame. I had never crashed or dropped the bike, ridden it only moderately and cleaned it carefully after every use. In fact I kept it in my bedroom! So I sent the bike back to the shop I purchased it from, who got in contact with Ridley, and they agreed to provide a new frame. However, the model of frame I originally bought is no longer produced and they don’t have any in stock. So I was quite happy to hear they had agreed to replace the bike frame with the current model. Unfortunately when the replacement frame arrived at the bike shop, the mechanics found that many of the parts I had on the older frame did not fit the new frame. They then asked the manufacturer to supply parts of a similar quality that fit, so I can receive a working bike, but they have refused. This whole process has taken two months, and I stand to lose a lot of money having to buy new parts for the new bike frame. I was reading EU law in relation to new product warranty for up to 2 years, and from what I understood I shouldn’t have to pay anything to receive a working bike, as I bought a whole bike in the first place and not just a frame. Also, that the customer should not be inconvenienced by long delays. So my question is, who is in the right here? Should I have to purchase lots of new parts and pay a mechanic to put it all together, as an indirect result of their faulty product? Or should the manufacturer just supply a new but similar specification bike? I hope you can help. Many thanks, Alistair

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6 comments

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Xenophon2 | 5 years ago
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As was pointed out, your issue is with the seller, not with the manufacturer of the bike. 

The scenario where a seller raises their hands and directs you to the manufacturer in case of warranty problems is prohibited by law (caveat:  it's an EU directive that is transposed into national legislation and I'm not familiar with the UK national law but as this is an essential element it should be in).

The seller has to bring the product 'back into conformity' with what was originally sold.  You purchased a bike, not a frame so you're entitled to receive back a bike in good order.  Or a full refund if it's determined that they can for some reason not provide a bike.

I'd point out the above, if they refuse, speak to a sollicitor.  After receiving a formal letter they'll probably see the light.

*For the above I'm assuming that you're a private person who acquired the bike and that it was sold in a normal way by the shop, not at public auction + that you have a dated proof of purchase.

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Hirsute | 5 years ago
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If you paid by credit card, then you can raise a case with them for a refund as they are liable where the goods or services are not supplied.

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Ali Fraser | 5 years ago
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thanks everybody!

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iandusud | 5 years ago
3 likes

As littlemig has indicated your problem is with the retailer who sold you the bike and not the manufacturer. I appreciate the situation that the retailer finds themselves in but that is not your problem. You need to insist that the shop either repairs your bike satisfactorily or refunds you completely, and without further delay. I have run serveral businesses, including a sucessful bike shop and have faced this sort of situation many times. Always without exception I have repaired/replaced faulty goods and then taken it up with my supplier, often loosing out considerable on time spent on labour. But that was my problem and not the customer's.

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littlemig | 5 years ago
2 likes

Three years ago I had a problem with a bike. Frame failed in two places. No crash. The bike was three years old and well looked after. After about four months the on line retailer gave me a refund based upon a percentage of its original cost as they could not obtain a replacement frame from the manufacturer. I think what swung it was when I quoted the sales of goods act which is definately worth a read. If you search for articles relating to sales of goods act and bike frames you should get the info you need. As far as I understand it, it is up to the retailer to sort this out with you. You are entitled to a full refund, an exact replacement, or repair. I think they should be offering you the choice and that you should decide. You should not be incurring any costs at all. The bike is "not fit for purpose" so you have these entitlements. Obviously it's good to try and work through this with the bike shop in a friendly cooperative manner but if you get no joy then it is clear from the sales of goods act what your entitlements are. As I understand it you should not have to deal with the manufacturer. That's for the retailer to do. Hope that helps. Good luck.

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CXR94Di2 | 5 years ago
2 likes

The manufacturer should of known a replacement frame of difference wouldnt allow your groupset on.  Speak to a solicitor, sometimes a legal letter get have speedy results.  Did you pay on credit or debit card.  They have insurance cover 

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