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Hey all after some advice.
I committed to a bike build at the beginning of March.
We agreed a spec for the build which has unfortunately changed due to stock availability. On the whole the items have been down graded yet the price is much more than I expected. I am just awaiting the full specification, although i know it, from the builder.
My conversation with the sales guy was that he would be speccing it from their website prices and any items that were not would be found as cheap as possible. There was also talk of discounts. Now I have done a work up of the components from their website and I can build the bike for around £800 less. This is a lot of dosh! This is also putting full retail prices on the component like the rear shock, forks.
I have also been informed that the top tube has a paint bubble in it.
I have agreed to some of the changes expecting this to give me a better price.
I gave the shop my card details. And they took out the cost straight away. (my bad)
I have not got the bike as yet but I am supposed to be picking it up today. (I am going to Spain riding tomorrow)
I am not happy with the extra cost and I am not happy that the frame is potentially a second for which I am paying full price.
Given that they have taken the money which I guess was authorised by me but the situation above has occurred does anyone know what my consumer rights are?
I want the bike but I don't want a second and I don't want to pay over the odds for it. I am perfectly willing to walk. But I will need to get my money back.
Thanks for reading this.
J
You contracted for a particular product. If they've failed to provide that then you are entitled to your money back.
I have agreed to some of the changes expecting this to give me a better price.
Is tricky I guess but if you can spec it for less from their own stock and pricing then you should expect to pay no more than that certainly.
Debit card or credit card? If the latter then speak to the card company if the company refuse to give you the money back.
It sounds as though you've been a little naive in dealing with the builders, you've paid first and done a deal based on a price and spec you weren't really aware of.
DId you not have a spreadsheet breakdown of full spec and at least full cost before committing? I'd have been asking for an itemised list so I could compare component costs and see if I could have a better deal elsewhere.
full rrp on parts they spec for a bike build - that is taking the piss
as for legally no idea but morally I am with you.
i think I would start with rejecting the frame as not new but its going to be hard
When you go and see the bike today I would be honest about what you've found out about components, lay out all the prices so that they can see the costs side by side, and where you you found them, so that they can compare. Tell them that you're not happy with the frame condition (if you aren't happy that is) and be upfront and say that you'd like to be refunded the difference in cost, and with some consideration for the damaged frame (if you intend to accept the bike)
If not, ask for your money back. don't leave until they do.
I'm not sure of your rights but there's no way I would take delivery of it. Either the shop is naive or thinks you are. You're being asked to pay £800 more than the component prices on their own website?
The phrase "Trading Standards" is one I'd consider using to them.
Sounds like your not going to be happy with it from the off; and I guessing its costing a lot of money ... lower spec and higher price ... cosmetic imperfection too. nah - I`d be insisting on money off at least.
Good luck!
Is this a custom made/painted frame or off-the-shelf (albeit one they had to order for you?)
Totally unacceptable if the latter! I have only had one bike custom built by a shop, ALL components were finalised before I paid upfront. Major pisstake to supply you with parts you haven't agreed. Especially with faulty paint on the frame, I'd be cancelling the order if they're not willing to resolve it to your satisfaction.
When did they take payment, before everything was agreed I assume? And did they take your card details and only charge you at a later date? Pretty sure they aren't allowed to do that if so, cc company might be interested!
OP did you not agree the price when you spec'ed/ordered it?
If there are any parts used subsequently that were lower in spec, XT instead of XTR, or Performance instead of Factory for example, then then price should definitely be reduced accordingly.
As for the frame, have a look first, if you not happy then reject, otherwise haggle for a discount on the basis that it is not A1 condition as would be expected when buying brand new.
Did you pay by credit card, OP? If so, then the shop will have to work very hard to stop you walking away and getting your money back, as it's clearly nothing like the spec you paid for.
You'll have to be strong and accept you won't necessarily have the bike for your trip - if you rag it around Spain for a couple of weeks, then you are no longer in a very strong position when it comes to price reductions etc.
Who is it? Just so i can avoid them
If it's a custom order you paid for at the time and then subsequently got changed then ask for your money back.
Custom as in off the peg boutique frame with your parts spec, tell them it might be inevitable they are going to have to shift the stock you wont be accepting or deliver what you agreed.
Stock availability isn't your problem if they cant deliver on their side of the contract (Though I appreciate you may be trying to work with them) There comes a cut of point of compromise sounds like they crossed it.
I have not got the bike as yet but I am supposed to be picking it up today. (I am going to Spain riding tomorrow)
Hope you've got a back-up bike if you expect to have any leverage to negotiate?
Otherwise, hard to advise you without more specific details TBH.
If they're doing stuff like cutting steerers etc I'd talk to them sooner rather than later.
Your consumer rights differ on the basis of whether this is "custom" or not.
Your consumer rights differ on the basis of whether this is “custom” or not.
That's one thing I learnt from the Ling thread!
Following on from the above comments. If it was a debit card, check with your issuer, visa and MasterCard both cover (or at least did) their debit with a promise to offer the sane protection the CCA gives on their credit cards.
A question on your initial post:
More than you expected being more than you think the new price should be our more than the initial higher spec price?
For its minimal worth - (IANAL but recently went through similar with a car)
Reject the frame on the grounds of the fault,
Then if you're [sudden turnaround] happy with the price and final build, get commitment in writing they'll replace the frame and rebuild onto the new one at zero cost once the new one is available, agree a latest date for this in writing, with the caveat you'll reject it for full refund if it's not done by this date.
(Legally they have the opportunity to see you right if they have provided the service, you can't just reject it, i guess they will say the commencement date for the service was point of payment not delivery, but that is a guess)
If you're not happy [as it appears], reject the whole bike as not as agreed/contracted (see above they under certain circumstances have a right to put it right which is to say to the specifications agreed), if you bought it as a whole bike it is a single item, if any of the spec changed and was not agreed it's a deviation, you're under no obligation to accept anything if one part is off. If you bought it as a parts list you've rather more of a problem. (If it's a stock model generally expect an "our ts and cs say spec is guide).
Re the price back to my previous, if it's gone up tell them to go whistle, you should have a binding fixed price quotation, not a variable from the point at which you contracted them (I'm assuming the price would also be in the contract) as a retail customer they are not legally allowed (SoGA IIRC) to refuse to honour an advertised price and demand more - they can refuse to sell goods (i.e. withdraw them from sale) - but they've taken your money so they've already agreed the sale and therefore can't refuse to sell it (in honesty that would be to your benefit from a reject point of view) at the agreed price.
[b] without written acceptance of the fault and the method by which they will rectify and explicit agreement to your using the bike in the interim without prejudice to your right to a refund in full or replacement with new, do not, under any circumstances, take the bike away [/b] Obvious point is obvious that's a signed copy each of that agreement.
I n r a t s but if you've not agreed a price I'd expect there's an angle that you don't have a contract