What would you do? ...
 

  You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more

[Closed] What would you do? Broken frame content...

35 Posts
28 Users
0 Reactions
70 Views
Posts: 1748
Free Member
Topic starter
 

Hey Chaps,

I bought a brand new bike 1 and a half weeks ago, after the first ride I noticed a concentric crack in the paint on the headtube.

The shop have been spot-on, and got a reply back from the manufacturer, who want the frame back for assessment and repair.

All pretty straightforward.

However... I'm changing jobs, and have 2 weeks off between jobs. Which I have planned since Xmas to go away riding.

I'm not going to have another holiday this year to go riding, so this was planned to be it. Sans new bike, no big XC rides.

If it weren't for the holiday, I'd just be sending it back and waiting however long it takes.

What options do I have? I seem to remember EU warranty having a 30-day clause in it.

I don't want to be an ass to the shop in any way, as they've been nothing but great, and would easily get my business again. But I've got a £4k bike that was broken either before it arrived, or within a day, which sucks.

Interested in you guys' thoughts!

Cheers

Ricks


 
Posted : 12/06/2019 11:50 am
Posts: 5042
Free Member
 

Ask if they can loan you one, the absolute worst is they say no.
Also put that situation to them, never underestimate the empathy that other people can have, someone may help you out.
Good luck, that sounds pretty annoying tbh.
Also, is here no way you can reschedule holidays?
Edit: i see you can’t reschedule.


 
Posted : 12/06/2019 11:56 am
Posts: 844
Free Member
 

Talk to the shop, either they or the manufacturer or distributor may well have a demo bike they can loan you for you trip. Never hurts to ask.

Edit: beaten to it!


 
Posted : 12/06/2019 11:56 am
Posts: 5042
Free Member
 

Great minds think alike tho . .


 
Posted : 12/06/2019 11:58 am
Posts: 16346
Free Member
 

TBH unless the bike was something unique I'd probably be wanting a full refund. I wouldn't consider repair an option for something brand new. If you really want the bike then a demo bike sounds sensible


 
Posted : 12/06/2019 12:06 pm
Posts: 883
Free Member
 

£4k? For a bicycle?


 
Posted : 12/06/2019 12:19 pm
Posts: 1467
Free Member
 

concentric crack in the paint on the headtube.

Concentric with what?

Probably just a sticker.


 
Posted : 12/06/2019 12:20 pm
Posts: 20675
 

£4k? For a bicycle?

Amazing just how good a deal some people can get.

Nothing to add, see if there is a demo fleet available, or the shop has something they can sort you out with.


 
Posted : 12/06/2019 12:25 pm
Posts: 10333
Full Member
 

TBH, I'd be expecting a straight replacement for pretty much any item that is broken within 2 weeks of purchase.


 
Posted : 12/06/2019 12:31 pm
Posts: 251
Full Member
 

I'd be looking for replacement rather than some unspecified 'repair' too.


 
Posted : 12/06/2019 12:33 pm
Posts: 8527
Free Member
 

£4k? For a bicycle?

Christ here we go.....

Worst case I'd be wanting a demo til the replacement arrives, but my first choice would be a refund. If this shop has been as good as you say, buy something else from them?.

I wouldn't accept the 'wanting it back for assessment' tbh. That's acceptable if the bike is say 18 months old and has a crack, but for a first ride spanking new bike, I'd be wanting the manufacturer to provide a replacement on the LBS's say so, supported by some images emailed to them.


 
Posted : 12/06/2019 12:40 pm
Posts: 45504
Free Member
 

I too would take the 'not good enough' - nicely ask for a loaner and ask for replacement.

You are £4k down and nothing to show for it.


 
Posted : 12/06/2019 12:49 pm
Posts: 56564
Full Member
 

Get tooled up wiv a shoota, hold all the staff hostage for an afternoon then torch the shop

That'll learn 'em, the slaaaaags


 
Posted : 12/06/2019 12:54 pm
Posts: 15261
Full Member
 

I bought a brand new bike 1 and a half weeks ago, after the first ride I noticed a concentric crack in the paint on the headtube.

You're still within the 14 day return period under SOGA aren't you? in which case return for a full refund. Which linky

I don’t want to be an ass to the shop in any way, as they’ve been nothing but great, and would easily get my business again. But I’ve got a £4k bike that was broken either before it arrived, or within a day, which sucks.

You could always buy the replacement bike from them, but there are time pressures and your rights allow you to return it now, not after the manufacturer take a poke...


 
Posted : 12/06/2019 12:56 pm
Posts: 4439
Full Member
 

just ask the shop. Cycle gear in halifax go me a new bike and then a new frame (separate issues) in about a week as they new i had stuff booked in.


 
Posted : 12/06/2019 1:02 pm
Posts: 0
Free Member
 

As always I’d ask nicely before waving my rights around, but you go have them and you are entitled to a SoGA return at this point.

Going straight in all guns blazing is not usually the best way to get the result you want in my experience.


 
Posted : 12/06/2019 2:22 pm
Posts: 0
Free Member
 

Is this the same one you posted photos of last week with discoloured paint? (and what looks like an impact mark around the headset)
Is this the same bike with the failed freehub?

I'd be back at the shop with the bike waiting for my refund by now, if the shop have been very good I'd probably be looking at replacements from them at the same time but, it sounds like you've got a lemon.


 
Posted : 12/06/2019 2:44 pm
Posts: 2671
Full Member
 

Week and a half......

as above, firm but fair with the shop.

Full refund to spend on a new bike from them.. seems fair.


 
Posted : 12/06/2019 2:53 pm
Posts: 1748
Free Member
Topic starter
 

Cheers guys,

It's the same frame with the paint /crack issue. It's a different bike to the wheel though!

I totally agree, i have no problem with the shop or the manufacturer, it's just one of those things that happens. I've had loads of bikes, and this is the first that's needed warranty - so I'm pretty lucky.

I'll see what they say, based on all the advice above to see if we can sort it.

Really appreciate the input everyone!

Cheers

Ricks


 
Posted : 12/06/2019 4:22 pm
Posts: 1748
Free Member
Topic starter
 

And so the saga continues!

I'm still waiting for a replacement frame, while riding the broken one.

And now both seatstay bearings have gone, loads of play in the rear end, like having rear wheel steering!

I've not handed it back, I'm outside the 30 day period, but what are my rights as the buyer?

If it were a couple of components breaking, I'd see that as bad luck, but dodgy paint, or ovalised headtube, and some dodgy bearing sealing, or poor quality bearings aren't bad luck, that's poor manufacturing or QA.


 
Posted : 21/07/2019 5:30 pm
Posts: 13741
Full Member
 

What is shop/frame manufacturer saying?

I wouldn't be pissing about riding it I'd return it to shop/manufacture. Name and shame


 
Posted : 21/07/2019 5:51 pm
Posts: 1748
Free Member
Topic starter
 

Shop have been quite for a couple of weeks now.

I've been in touch with the manufacturer, who take over a week to reply to emails. And they're pretty unhelpful replies.

My last two bikes have been Evil, and the guys respond within a few hours, and are dead helpful. I should have just given those guys more of my money!


 
Posted : 21/07/2019 6:05 pm
Posts: 3783
Free Member
 

Send it back now before they refuse to accept it and say wear and tear etc


 
Posted : 21/07/2019 6:48 pm
Posts: 167
Free Member
 

You should be dealing with the shop as that's who you bought it from.

LBS in useless service shocker. You should've just asked for a refund when you spotted the issues initially.


 
Posted : 21/07/2019 6:59 pm
Posts: 43345
Full Member
 

You should be dealing with the shop as that’s who you bought it from.

This. Whatever arrangement the shop has with the distributor is irrelevant from your point of view.


 
Posted : 21/07/2019 7:11 pm
 csb
Posts: 3288
Free Member
 

A shop that even tries to tell you that 'the manufacturer needs to see it' on a 2 week old item, rather than just swap it over immediately, has already failed the customer service test for me no matter how nice they seem.


 
Posted : 21/07/2019 7:14 pm
Posts: 15261
Full Member
 

I’ve not handed it back, I’m outside the 30 day period, but what are my rights as the buyer?

You reported the issue within that period and they've simply failed to resolve the issue in a timely fashion.

I believe SOGA still covers you for "reasonable expectations" of product durability and TBH its certainly not unreasonable to expect a bike to last a bit more than a month before crumbling...

Trading standards maybe?


 
Posted : 21/07/2019 7:43 pm
Posts: 0
Full Member
 

Stop ****ing about riding it. Take it back. Demand refund.

No refund, small claims.


 
Posted : 21/07/2019 7:56 pm
Posts: 65918
Full Member
 

rickon

Subscriber

I’ve not handed it back, I’m outside the 30 day period, but what are my rights as the buyer?

You're outside the 30 days now but only because they sandbagged you. Their problem not yours, the only thing you've done wrong was fall for it


 
Posted : 21/07/2019 8:04 pm
Posts: 7751
Free Member
 

Some facts:
- responsibilty and liability is with the retailer; your contract is with them
- based on what you have said they sold you a defective product
- the retailer contracted with the manufacturer; you didn't
- the retailer is giving you the run around
- sale of goods act has been replaced by the consumer rights act
- what the retailer and manufacturer say to each other is irrelevant

'EU 30 day warranty' - what does that mean and who quoted those words?

You have legal rights - use them.

Read the act and then politely, but firmly, tell the retailer what the law says - and tell them what you want them to do - and how much/little time you are giving them to respond to your satisfaction.
Be clear in telling them what your next steps will be if they do not respond to your satisfaction; that means legal action.

What they choose to do with the manufacturer is irrelevant.


 
Posted : 21/07/2019 11:20 pm
Posts: 3351
Full Member
 

Did you buy the bike using a credit card? If so you have the option of recourse from the credit card provider too. Look up "Section 75". That said for the CC provider to refund £4k they are going to want to good proof other options are exhausted.

You can reject the bike and ask for a full refund under the Consumer Rights act within 30 days of purchase. As you've kept using the bike that could be tricky, even if you reported it within 30 days. You've not really rejected it.

Edit: But, if you're still within 30 days I'd go with the reject and refund route ASAP

Edit2: I see you're outside 30 days.....


 
Posted : 21/07/2019 11:28 pm
Posts: 3351
Full Member
 

Section 75

I used Section 75 when a company had gone bust, but it can be used in your circumstances too. I remember the CC claim handler saying that if it was within 180 days they could do a direct charge back or something like that. (Mine wasn't). You might be able to return the bike and get the credit company to reverse the transaction. The CC company will likely want proof the bike is faulty (e.g. a report/email from another bike shop who have seen the bike). CC company will cover the cost of any report.
You'd probably have to prove you've handed the bike back to the shop too.

The proof of disposal my CC company accepted was a picture of the faulty furniture in a skip at the tip!


 
Posted : 22/07/2019 10:37 am
Posts: 0
Free Member
 

Have a peruse of Section 22 of the Consumer Rights Act 2015. Where you agree to a repair or replacement within the 30 day period, it pauses that 30 day period. This halt is called the waiting period. This waiting period runs until you recive what you agreed to and you still get 7 days afterwards to exercise your short term right to reject (as you have exceed the 30 day limit).

I would exercise your right to reject and request a refund on the bike. Do so by email for your records. If they refuse or you get no reply and you did pay by CC then as those above have detailed, effect a chargeback.

Oh and stop riding the current one.


 
Posted : 22/07/2019 11:06 am
Posts: 3351
Full Member
 

Good advice above and this...

Oh and stop riding the current one.

Because you could end up in the situation where you get a refund but less 30+ days usage/wear and tear. You need to get the bike back to shop. Email them formally rejecting the bike, and then drop it off. Get proof you have dropped it off, a signed receipt or something. You'll be in a much stronger position to either get a refund from the shop or your CC company (if applicable)


 
Posted : 22/07/2019 11:45 am
Posts: 0
Free Member
 

I think I would be wanting a new bike not a repair. I'd get a refund and buy something else in time for your trip.


 
Posted : 22/07/2019 2:26 pm
Posts: 45504
Free Member
 

I too would want refund and go to a shop that will look after you.


 
Posted : 22/07/2019 6:59 pm

6 DAYS LEFT
We are currently at 95% of our target!