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Long story cut short - bought something in October for an impending build as they were a good price (£400) but only just got round to getting all the bits together now. Had a suspicion they were not what the store said they were and sent off the serial number to the manufacturer who confirmed my fears.
Am I buggered?
Did buy them on credit card but it's now coming up to 6 months.
Emailed store as soon as I found out and asked what the situation is along with a screen shot of their website mistake but not very hopeful. Part is completely new and untouched fortunately.
Bought in October, it's the Consumer Rights Act not SoGA.
Germany or no, if they're trading in the UK then they're bound by CRA.
You're vague on the problem so I can't help there.
Bought on Credit Card, they're jointly liable and will pursue any claim on your behalf.
Cheers, that makes me feel less buggered and prepared for what they come back with.
Item is forks, one of the specs is wrong and I suspected it wasnt right when I was looking at them prior to fitting. Emailed the manufacturer the serial number and they confirmed my fears. No other way to know.
Well they (bike-discount.de) got back to me this morning with a refusal to correct it or refund. Hmm, will have to call the credit card company.
I'd be pointing out that they're breaking the law, goods legally have to be "as described," and asking them to confirm that they're 'refusing to honour your statutory rights before taking legal action.'
CC co is a good shout also.
Anecdotally, I had this with FairFX a little while back, their website blipped when I was ordering a card and I ended up ordering twice. This is the crux of the email exchange I had with them:
Unfortunately, we fulfilled the orders that you placed and have already produced and dispatched the card at our expense. Please note that if you lose the card abroad we cannot send a new one out to you. For this reason many customers take additional cards in case of loss or theft etc.
I appreciate what you're saying. However, under the Consumer Contract Regulations 2013 I have a legal right to cancel an online order for goods or services within 14 days of receipt. So we're absolutely clear, are you seriously telling me that you are refusing to honour my statutory rights and thus compelling me to use an alternate currency provider on future trips for the sake of six quid?
We would be able to either credit your account £6 or you can call us for a refund free-of-charge to your bank account on 0207 778 9300 to speak with a member of the team to assist you further.
We're in the office from Monday to Friday (excluding bank holidays), from 9.00am to 5.30pm.
Backpedal much? (-:
Still refusing.
Sent them this link suggesting they brush on it:
http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm
And pointed out this:
How to get goods repaired, replaced or refundedThe 2-year guarantee period starts as soon as you receive your goods.
In some EU countries you must inform the seller within 2 months of discovering the fault, otherwise you may lose your right to the guarantee.
Within 6 months of their receipt, you simply need to show the trader that the goods are faulty or not as advertised.
But, after 6 months in most EU countries you need to prove that the defect already existed on receipt of the goods, for example, by showing that it is due to the poor quality of the materials used.
I was originally very polite and said I would be happy with either a replacement to the correct ones or a refund, preferably the former as I still want them and there is no way I can get 27.5" pikes for £400 anywhere at the moment.
They are completely untouched as I got sucpisious when I was about to fit the crown race and looking over the forks you would think they would be grateful I didn't run them for 5 month and then demand it sorting.
Whats actually wrong/not to spec?
It's the offset. Seems a silly little thing but it throws the whole frame out by 9mm compared to spec and it's supposed to be a responsive bike not a plough through stuff one. Would need a different CSU.