Should/can he demand his money back?
- Thread starter PaulB
- Start date
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suspect the shop is allowed to make it right, a tad unusual; these days in the disposable society, surprised they have to order in parts though
I'd certainly complain to Giant if only in the hope you'll get something, they sound likeliest to be the party at fault
happens sometimes, grin and bear it, my spanking new Fratello, assembled by shoot hot mechanics came with a warped chain ring, go figure, all sorted out now though with no need for shouting other than some firm expression of what i considered correct
I'd certainly complain to Giant if only in the hope you'll get something, they sound likeliest to be the party at fault
happens sometimes, grin and bear it, my spanking new Fratello, assembled by shoot hot mechanics came with a warped chain ring, go figure, all sorted out now though with no need for shouting other than some firm expression of what i considered correct
dudi
Senior Member
- Location
- Ipswich, Suffolk
Jaded said:
well, due to the time the customer has had the goods, it depends what the problem is.
but the kid has not had the bike just short of a year.
If a car's gearbox broke after it's first outing (similar sort of situation) then yes. the buyer could easilly demand a refund on that product.
Jonathan M
New Member
- Location
- Merseyside
My thoughts - if wheelset or frame broke,or significant component such as stem or handlebar, then I'd agree with pushing for a complete refund.
In terms of this problem, the OP describes a front mech problem that is then traced to the shifter. Both are replaceable parts (indeed, if Campag possibly repairable), and with regards to the delay, that might be Giant's fault,or it might not be - the shop may be dragging heels. Or is it that they are busy in the workshop, and that to turn the job around faster would mean defaulting on other customers work? I would go with the diplomatic solution first, and also contact Giant to let them know about issues with one of their retailers.
In terms of a field repair on the day of the problem (a bit late, I know), then if it was a standard front mech removing the cable would have allowed the mech to spring into the inner position giving lower gears that may have helped the return journey somewhat for your son.
In terms of this problem, the OP describes a front mech problem that is then traced to the shifter. Both are replaceable parts (indeed, if Campag possibly repairable), and with regards to the delay, that might be Giant's fault,or it might not be - the shop may be dragging heels. Or is it that they are busy in the workshop, and that to turn the job around faster would mean defaulting on other customers work? I would go with the diplomatic solution first, and also contact Giant to let them know about issues with one of their retailers.
In terms of a field repair on the day of the problem (a bit late, I know), then if it was a standard front mech removing the cable would have allowed the mech to spring into the inner position giving lower gears that may have helped the return journey somewhat for your son.
dudi said:
So, the buyer cannot choose if they get a refund then. Like I said in a post a few pages ago, and unlike your first post, there is not always an automatic right to a refund.
The shop has said they will repair it and if they do then the lad has a bike that works that he paid for. It is quite likely that if he plays his cards right he could get something free for the trouble that he has been put to.
If on the other hand he goes in guns blazing he risks alienating the shop and ultimately getting nowhere as he'll have to go and buy a bike somewhere else.
It's a grey area which is why I suggested getting advice, and not advice from an internet forum, where often the suggestions are wrong, or very wrong!
dudi
Senior Member
- Location
- Ipswich, Suffolk
life is very black and white for you...
dudi
Senior Member
- Location
- Ipswich, Suffolk
you obviousy mis-understood me.
but never mind.
A merchantable quality dispute, or MQ dispute as they're known can only happen within a very short time of takng ownership. as in this case.
The scenario you painted was one that would be classed merely as a Warrantee claim
There is a vast difference between being sold a product that was no good to start with and a product where a component wears out slightly sooner than you might expect.
Not to put too blunt a point on it. if you were to go to Tesco and buy a loaf of bread that was in a paper bag, meaning you have not seen it. and then when you got it home and unwrapped it and it was mouldy, you would be well within your rights to return to the store straight away and expect a refund.
If, however you were to leave that bread for a few days, then open it and discover it was mouldy, that would be a different matter.
but never mind.
A merchantable quality dispute, or MQ dispute as they're known can only happen within a very short time of takng ownership. as in this case.
The scenario you painted was one that would be classed merely as a Warrantee claim
There is a vast difference between being sold a product that was no good to start with and a product where a component wears out slightly sooner than you might expect.
Not to put too blunt a point on it. if you were to go to Tesco and buy a loaf of bread that was in a paper bag, meaning you have not seen it. and then when you got it home and unwrapped it and it was mouldy, you would be well within your rights to return to the store straight away and expect a refund.
If, however you were to leave that bread for a few days, then open it and discover it was mouldy, that would be a different matter.
dude,
That is exactly what I have been saying. There is no automatic right to a refund.
two weeks can be a long time in a bike's life. The LBS in question has no knowledge of what the bike has been exposed to in those two weeks. Possibly the fault arose after 1,600 miles of riding, possibly after none.
It is a grey area.
Like I said.
That is exactly what I have been saying. There is no automatic right to a refund.
two weeks can be a long time in a bike's life. The LBS in question has no knowledge of what the bike has been exposed to in those two weeks. Possibly the fault arose after 1,600 miles of riding, possibly after none.
It is a grey area.
Like I said.
Angelfishsolo
A Velocipedian
- Location
- Cwmbach, South Wales
A few months ago I would have sided with though who say rant, shout, threaten, etc. Now I feel that arming yourself with your rights and speaking politely and quietly will get you much further and you may well get a MUCH better service in the future. Chuck with the CAB as to your rights (even though I am sure "Dudi" is 100% right). Best of luck and please keep us informed.
Latest news is not at all good. My son was prepared to give them the benefit of the doubt and has just called them for an update only to be told it will be at least another two weeks before the problem is rectified! This will be five weeks he'll have been without it and less than two weeks with it. The shop's now telling him they have to have the opportunity to put it right but come on, he's ridden less than 100 miles on a brand new bike and it's broken. They don't have a leg to stand on, do they?
Angelfishsolo
A Velocipedian
- Location
- Cwmbach, South Wales
I would get in touch with Trading Standards and your local C.A.B. This does sound as though your sons rights are being ignored but this is (as so many others have pointed out) a very grey area in the law.
PS
A letter to your local newspaper might not go amiss as well.
PS
A letter to your local newspaper might not go amiss as well.
PaulB said:
Ivan Ardon
Well-Known Member
PaulB said:
How on earth do the LBS justify that? It's a new bike with standard off the shelf parts, not some vintage exotica.
Name and shame I say.
