Should/can he demand his money back?

[PaulB]

Thanks for all the advice everyone. I showed him the thread to give him some ammunition but he's young and not fully versed in the ways of the world yet. There is no way I'd have let this happen to me and I come from a family who would indeed stand at counters on Saturday afternoons shouting the odds and making sure they got what they came in for. He is still of the opinion that his reasons for going to the LBS in the first place were sound ones and he would like to give them every chance. Havinbg said that, fired up with advice from on here, he's going in first thing in the morning and telling them just how unhappy he is at the service receieved so far and demanding a more rapid resolution to their problem or he will indeed ask for the full refund. I want to do it myself so much but realise you've got to let them stand on their own two feet. If only he'd been a bit more forceful in the first place and not accepted the dismissive way he was treated. But you can't turn the clock back, can you? Unless you are Cher or course.

 

[Danny]

Why should negotiation come in to it? The OP has the law on his side as you have just pointed out.

Negotiation may get you a better result or at least avoid the hassle of going elsewhere.

I know from personal experience that taking an overly tough line can sometimes backfire - even when they deserve it.

 

[Blue]

I am tending to agree with santa's budgie,

Oh, you are

 

[ACS]

Oh, you are

Sometimes the only way of dealing with a person who could be considered as deliberately antagonistic is to ignore the obvious safe in the knowledge that everyone else thinks he is a .............................

 

[domtyler]

Thanks for all the advice everyone. I showed him the thread to give him some ammunition but he's young and not fully versed in the ways of the world yet. There is no way I'd have let this happen to me and I come from a family who would indeed stand at counters on Saturday afternoons shouting the odds and making sure they got what they came in for. He is still of the opinion that his reasons for going to the LBS in the first place were sound ones and he would like to give them every chance. Havinbg said that, fired up with advice from on here, he's going in first thing in the morning and telling them just how unhappy he is at the service receieved so far and demanding a more rapid resolution to their problem or he will indeed ask for the full refund. I want to do it myself so much but realise you've got to let them stand on their own two feet. If only he'd been a bit more forceful in the first place and not accepted the dismissive way he was treated. But you can't turn the clock back, can you? Unless you are Cher or course.

All true but you can't really expect too much from a seven year old.

 

[PaulB]

All true but you can't really expect too much from a seven year old.

If he was seven, that would make me.....a lot younger than I are now! It would also make me a cruel father for making him pay £550 for a bike!

 

[yenrod]

Go in the shop grab the b@stard by the scruff of the neck, knock 10x cans of sh@te outta him: then look him in the eye and say 'yuh give me my money back...

NOW

Think that should do it !

 

[bonj2]

I just got my eldest son into cycling and ignoring better offers on t'internet, I persuaded him to buy from our LBS. He struggled to afford a Giant SCR but went ahead with it anyway. This was just two weeks ago. On a ride last Thursday, the front deraileur went and he couldn't drop it into the smaller chain ring. This was a massive problem as he had three huge (for him) hills to negotiate to get back home. He took the bike back to the shop only to be told the mechanic was on holiday and wouldn't be able to look at it until yesterday. My son patiently waited, keen to get back on his pride and joy now we are having some reasonable weather, to be told the shifter has gone completely but as it was under warranty from Giant, they could get a new one shipped to them but it would take until next Friday AT THE EARLIEST to get it sorted for him. I feel so bad for him as he struggled to pay for a bike which he now loves but within a few days it fails on him.

My question is, can he demand his money back as the bike is faulty? The shop have offered him very poor service and didn't even suggest a loaner until his is ready. Frankly, we are fed up of hearing their hard luck stories and I am about ready to burn my bridges with them and ask for a full refund and we'll buy elsewhere.

You say the mech "went" and the shifter has "gone completely" ... what exactly, do you mean by the terms "went" and "gone"?
You shouldn't have to, but it might be that it's a simple problem - just something to do with the fact that the bike's not been set up correctly - and the bike shop have said that the shifters have "gone" when they don't really know that and/or are just saying that to stall so you'll have to wait till they get new ones (read: when that particular assistant isn't on shift).

If you want to go down the fix it route but still fancy getting a bit militant legally then I'm more than happy to fix it and provide you with an invoice for doing so that you can then claim off them.

 

[dudi]

I work inthe motor finance industry. and I would guess that the "merchantable quality" standpoint rings as true with a bike as it does with a car.
If we finance a car that has a problem with it, the customer has the right to demand a full refund, under the sale of goods act, as others have mentioned.
I would go to the shop, and demand that refund

 

[Jaded]

They may well have a right to demand a refund, but that isn't the same as having a right to a refund.

In fact, cars is one area where getting a refund is as rare as hens teeth.

Read the post I made earlier and go get good advice.

Take advice from an internet forum and you won't get a refund, but you will get a little time inside for GBH.

 

[swee'pea99]

I have to say, having worked in shops quite a lot, my instinct is to agree with the earlier poster and suggest going in and being loudly and articulately unhappy at a time when they're busy. Make them look bad in front of lots of customers and potential customers and it makes sense - for them - to do the decent thing. If my experience is anything to go by, their primary concern is to avoid hassle and embarassment for them.

 

[Jaded]

If they are the only LBS in the area, or they are the only good LBS in the area then I can see no point in burning bridges by getting yourselves barred from there.

If the shop is no good then you have nothing to lose from behaving like swee'pea99 suggests, although you should probably ask yourselves why you used the shop in the first place.

If their primary concern is to avoid hassle and embarrassment for themselves, then they've got their business all wrong. Choose another business.

 

[Mortiroloboy]

I am tending to agree with santa's budgie, go in and talk in hushed and apologetic tones but just make sure that the staff are aware that you have a baseball bat behind your back.

Aha,
Excellent modern paraphrasing.
Gen. McArthur..."Speak softly, carry a big stick."

I think we need to know this shops identity, is it an independant or a chain outlet?

 

[ASC1951]

B*ll*cks to that! Go and make a loud shouty fuss, preferably on a Saturday when they're busy. Give them one chance at doing the right thing, then go off on one..

Ah, yes. The George Bush School of Diplomacy - guaranteed to get the best results every time.

This may well be a defective part, not discoverable by the shop until the bike has been ridden, in which case ranting is hardly fair.

If someone complains about work I have done and makes a loud shouty fuss they get put right what I am obliged to put right and I try to make sure I don't work for them again. If they just point out the mistake, accept that we all make them (and we do), and calmly invite me to put it right, they get it put right plus some extras if I can and a better deal next time they employ me.

 

[dudi]

If it is a dispute over the quality of the product, defective component or not, the buyer has a right to refund, replacement or repair. and it is the buyers decision which they get.

The fact that it may be a defect with a specific component does not absolve the LBS of their responsibilities, it is their lookout to ensure that all the products that they sell are of a useable quality.

Having thought about it some more, given that you have already arranged for the LBS to repair the defective part, it would be expected to give them reasonable time to repair it.

If of couse they cannot fix it in a reasonable time, or cannot fix it at all. you are ENTITLED to either a refund or a replacement.

I would not get a gressive with them, as that never gets you anywhere useful. be assertive.