MegaSack DRAW - This year's winner is user - rgwb
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Ok, I bought a tyre and when I fitted it to my bike it turned out to be a lot bigger than I expected and I want to return it. I have not ridden anywhere on the tyre.
Am I able to do this under distance selling regulations? Is there any reason why I would not be able to?
Depends how long you've had it, but other than that I can't see why not.
Less than seven days. Website says they won't accept returns of tyres that have been fitted though.
Sssshhh if you don't tell me, how are they going to know?
If you've not ridden them, I'd just send em back.
Wonder if the removal of packaging is classed as fitting
If they can't tell then don't tell them. Is the size issue one of mis-description? Adds to your case if so.
I'm returning a tyre to CRC after fitting - only when fitted could I tell it was 20% smaller than described...
The tyre was accurately described, it's just stupid Maxxis and their bizarre way of measuring tyre size.
I think it will be reasonably obvious that the tyre has been fitted as I had to cut the original zip-tie to get it out the packet, plus they claim they 'can tell when tyres have been fitted'.
I just read through the DSR and it states that:
Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession .... The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this.
I would take this to mean that I could return the tyres. Would you? A pedant might argue that you wouldn't be able to try on tyres in a shop however.
Put the packaging back on with another cable tie ?
The cable tie is very large and thick, I don't have one like that and don't think i'll be able to find one very easily. Plus I don't really like being dishonest 😕
I think i'll probably 'fess up. Best case scenario: common sense prevails. Worst case scenario: they lose a customer, I moan a lot and lose £10 or so selling second hand.
That means they'll reject on this ground, I would still say you bought some tyres that hsuold have been x wide however they are y wide - still the shop's problem.plus they claim they 'can tell when tyres have been fitted'.
I'd be interested in your part worn tyre, depending on price..... 😀
plus they claim they 'can tell when tyres have been fitted'....
That means they'll reject on this ground
But surely the distance selling regulations over-ride this?
was the tyre the size you asked for. if its a genuine mistake that they sent you a 24 instead of 26 for instance it could be argued that you should have checked before but as poppa quoted, under distance selling rules, you don't always have to do what they say in their t and c's to claim a refund or exchange
no ide how they will prove it was fitted if you say it was not
Many companies try it in and give T & C that violate distance selling regs - dont forget they pay your postage 😉
I thought they only pay your return postage if it's their mistake (tyre not as described, or wrong item).
So, assuming they've sent you what you asked for...
Hmmm, the DSR regs are there to allow you the same opportunity to check goods as if you were in a shop. You wouldn't fit a tyre in a shop to check sizing would you? You'd be able to tell it was 'too big' by looking at it.
If you've not exercised the pre fitting caution of even a cursory inspection then why do you think the shop should 'carry the can' for you ordering something you've now changed your mind over?
If you now don't want it, repackage it as new and send it back under DSR (i.e. extract a digit and get the right cable tie - tssk) or throw yourself on their mercy and see what they say...
Asking them to pay your return costs is really taking the pi$$ when you've clearly cocked up.
yes googled I am wrong
Pity none of the ladies on this forum have answered yet - they'd all tell you that if they buy a dress, shoes, or whatever then you have a right to try it on but not wear outsides. Not a lot different with a tyre I'd have thought, you have a right to try it on and return it if it's not suitable as long as it hasn't been used in which case you could only return it if it was faulty or not fit for purpose. There may be a time limit but at 7 days you'd still be inside it.
To turn the table, the tyre has been taken out of it's original packaging but hasn't been subject to any use/wear. Why shouldn't I be able to return it under the DSR?
I expected the tyre to come up the same volume as the other tyre I ordered, what with them being from the same manufacturer and the same width as described by the manufacurer, but it didn't. I didn't expect this a priori and didn't find out until I fitted it.
How would the shop be 'carrying the can'? They could easily re-sell the tyre as it is still new.
At risk of stating the obvious, have you tried phoning them up and politely explaining your situation? The rules might just be there to stop people fitting and riding them, then trying to return them. Maybe ask for a credit voucher if they're unhappy.
Sorrry poppa.I don't want to start an internet arguement with you. Just trying to air the other side. It seems that we expect others to be responsible for whatever we do and make good at their inconvenience/cost.
If it were now still 'new', why are we all having this debate? If it were 'new' and there was no doubt over this, you'd send it back and claim your refund. The reason you are questioning this is there is doubt in your mind as to it's newness.
If you received a new part by mail order that had obviously been fitted, you (and I) would't be too chuffed would we?
As said above, ring em up, be nice and ask them to help. That's the decent thing to do.
I've already explained the situation to them and I'm waiting for a response, as I consider this the honest and reasonable thing to do.
In my opinion the tyre is new and in perfect condition. It is their rules that concern me. Also, at no point did I say I expect them to cover all carriage costs.
FWIW I am not interested in whether or not you dissaprove of the distance selling regulations, what I am interested in is whether or not I have a legal right to return the tyre those regulations.
The regulations specifically state that the seller cannot insist that the item is unopened or unused, only that reasonable care has been taken with the item.
Update: Despite offering to pay for carriage, and to exchange for a cheaper tyre, the vendor has refused to accept the item, which IMO contravenes the DSR.
🙁
Tyre for sale on classifieds soon.
If you're certain of your position, look to enforce DSR? If you're really, really sure, then why should the seller be allowed to not comply with what is a legal requirement?
Sounds to me there is some intrepretation aroundt the unused/reasonable care conundrum. Question is, is it worth the faff when you can probably sell for what you would get less postage and then get what you really want from another seller.
A few reasonable points here, if you received a tyre that had been fitted would you return it? Also I've never seen anyone take a tyre out of its packaging and fit it to their bike before buying.
Not saying shop shouldn't maybe use common sense and sort something out for you but I don't think they need to.
It's a bit late now but I'd have just sent it back saying you don't want it
where did you buy it from so i can make informed choices about who to purchase from in the future