not sure where to put this sorry x

S

suzy

Guest
hi recently bought a bike which is still in the shop waiting to be picked up. on the day of purchase i was advised that the bike was suitable for my sons needs and would be strong enough for my son who the retailer met on the day. however i was told by another retailer that the bike in question was not a freestyle bike and would be no use. i revisited the shop told the retailer i was not completely happy with the bike and would need to look into the bike more. the day of pick up i returned to the shop and was told by an assistant that the bike like i now knew wasn't a freestyle bike. we tried to come to an agreement but was told that he couldn't refund me and he knew the manager would not refund me as he had spent £12 worth of time preparing the bike which i offered to pay however, i was told that the manager would not refund me and had spent enoughs time with me on the matter. what are my rights?:confused:
 
J

Jorumian

Facilitator
Sep 1, 2008
347
3
0
Birkenhead
Hi Suzy

Sorry it has taken a while for someone to reply.

I see absolutely no reason why you should not be refunded in full for rejecting the bicycle. Your statutory rights state :-

"If you have bought something on the basis of the seller’s description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. This is still the case even where you have selected or examined the items for yourself before buying them."

To me this seems clear as day. The bicycle is not fit for the purpose you wanted it for and were told by the seller initially it could perform. Since he has then confirmed this to be inaccurate and the bicycle is not suited for the purpose, you should receive all your money back without any question and I see no reason why you should have to pay the nonsensical £12 charge to set up any bicycle that you do not want.

I hope this answers your question and that you get your cash back without any further problems.
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
I missed this too, apologies Suzy. The problem is Jormian it sounds like this was all verbal and although you are right it is difficult to prove as they will probably deny saying that it was a "freestyle" bike. If you paid by credit card (assuming it is more than £100), they may be more sympathetic. Nobody is out of pocket really, just a bit of time wasted.

Tony
 
J

Jorumian

Facilitator
Sep 1, 2008
347
3
0
Birkenhead
Must admit, I am quite shocked by this... It almost seems that if a shop deliberately mis-sells you something by saying what you are buying can do something, when it cannot. And you make that point. Then the implication legally is that it is your fault for not checking before you buy? Is that right? But surely the seller, when asked, must be obliged to provide accurate information?

I understand it is word of mouth, but he has said one thing, and then rescinded this at a later date!

Am I write in understanding then that this law is only applicable practically for displayed written descriptions?

Also if the shop had other bikes for sale in the same price range, or even maybe a little more expensive, that DID fit the criteria you wanted, why not just suggest those instead?!?

Sometimes I get very confused by this... :-S
 
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