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  • Consumer rights advice needed – 2nd hand product
  • garethh
    Free Member

    I'm after some advice from the STW collective. I bought a bike part 2nd hand in July, after 4 days use it broke, it was unlikely that the seller knew that this was a possibility, though it was described as having very little use and had been recently serviced.

    I contacted the distributor who said no problem, return said product with receipt and we'll fix it or give you a new one. I stated that the product was 2nd hand, they replied that there was no warranty but they would fix the part as a gesture of goodwill.

    Now I've sent the product back they state that I can either be charged for the original repair (originally stated in an email that this would not be charged for), a service, and other parts replaced or buy a new one at a reduced price.

    The original fault is a known one and has now been changed on the latest model. My take on this is that the product is faulty and not fit for purpose, the sticking point is I'm not the original purchaser which obviously reduces my consumer rights. But do I have any rights at all? Do I contact the seller again? I'm now faced with getting a broken part back or shelling out even more for a new one.
    Any advice appreciated!

    Gareth

    cynic-al
    Free Member

    But do I have any rights at all

    You could try and force them to repair for free on the basis that they said they would, beyond that, no.

    TandemJeremy
    Free Member

    I don't think you have any rights at all here. You are relying on goodwill.

    garethh
    Free Member

    'You could try and force them to repair for free on the basis that they said they would, beyond that, no'

    Thats what confused my slightly, they originally said 'As a gesture of goodwill we will repair your XXXXXX under warranty on this occasion' that was after stating specifically all the problems I have experienced they now seem to have forgotten this, do I have a 'contract' with them as they expressed this in an email. All in all quite disappointing from what is quite a large manufacturer.

    cynic-al
    Free Member

    do I have a 'contract' with them as they expressed this in an email.

    It would be a "promise" if anything – in Scots Law this is enforceable (IIRC – needs to be in writing), not sure about English.

    Thing is, how far are you going to push it? How much £ would you be out by?

    garethh
    Free Member

    The distributor is based in Scotland (though I'm in England) if the Scots law is true, in all about £125 out of pocket which isn't the end of the world and I would/ could purchase a replacement at approx 40 off rrp. Just quite annoying really.

    cynic-al
    Free Member

    It's the risk of buying SH I guess.

    garethh
    Free Member

    mmm, might contact them as they did state 'we will fix it under warranty for free, next time time though we would need to make a service charge' now they say it will cost £95 including a £45 service charge

    Spud
    Full Member

    State that they said it would be a warranty job and offer to meet them halfway on the cost….

Viewing 9 posts - 1 through 9 (of 9 total)

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