Basically ordered a new bike from my LBS, bought a few frames through them previously as always like to support local trade. Never had an issue with them before.

I was told I’d have the bike for start of July – didn’t materialise, I was told after my due delivery date the frame I wanted was currenty unavailable.

I was then told I’d have the bike for the start of August – still hasn’t materialised, frame remains unavailable!

The LBS don’t know when my frame will be in the country and effectively I have got bored of waiting, the thrill of a new bike for this summer season has gone.

I’ve said I’m not waiting any longer and would like a refund of my deposit (£500), but the LBS are being very funny about doing this to say the least.

Am I missing something here or is it well within my rights to demand a refund when product has failed to be delivered as requested??

To be honest this whole episode is not endearing me to my LBS at all, time to possibly find a new one 🙁

“very funny” about giving you your money back?
😯
You need to learn how to say some bad words VERY LOUDLY.

Within your rights IMO, but it may not be the LBS’ fault, distributors are often let down by manufacturers in these cases.

Times are hard and they won’t want to see the sale go. You just have to be firm.

Have you checked to see whether it is a genuine problem with delivery?

Have you checked to see whether it is a genuine problem with delivery?

Good advice in checking but if you want your money back; GO AND GET IT!

They’re in breach of contract. Refund KKTHXBI.

In our shop we were I back in march that some of our jubilee stock won’t be in until august. Needless to say ,order cancelled.

Good advice in checking but if you want your money back; GO AND GET IT!

Not if there’s no breach in contract. 😥

Once you pay a deposit you enter into a legal agreement to fulfil the purchase

What needs to be established is wether the delay constitutes a breach of contract

The LBS problem is they probably can’t cancel the order even if you manage to cancel with them meaning they will have a redundant frame/bike

As a retailer I can assure you screaming and shouting does not change the law and your entitlements, just makes the retailer less helpfull

There’s no problem with the delivery……they love dealing with irate customers.Probably got it in the back and just making poor excuses because they secretly hate you.Or they are stuck in the middle getting ducked about by the importers.
Patience is a virtue.

Once you pay a deposit you enter into a legal agreement to fulfil the purchase

As does the retailer.

Under the Sale of Goods Act, they’re obliged to deliver goods “in a reasonable time.” If they can’t give a delivery date several weeks after the original due date, I’d suggest that falls outside of “reasonable.” Ergo, they’re in breach.

The LBS problem is they probably can’t cancel the order even if you manage to cancel with them meaning they will have a redundant frame/bike

Sucks to be them, not the OP’s problem. Sorry.

As a retailer I can assure you screaming and shouting does not change the law and your entitlements, just makes the retailer less helpfull

+1 to this, however.

I’m currently trying the reasonable but firm approach, as in not having a go at the retailers but being adamant I want my deposit back.

Effectively, I was after a Mojo Sl-R (lrg orange). I was told initially lead time was 6 weeks, leaving me a few weeks to build it up before a holiday to the Alps. This deadline came and went – took my old bike to the Alps which was more than a tad disappointing. Then the next deadline came and went. To be told after all that time there is still no definite time period was the nail in the coffin for me on buying this bike.

This is not a bike shop derived problem either, even 2Pure couldn’t do any better on giving me timings!! Their exact words – even Inis themselves can’t say when your bike will be available!

The LBS told me they have cancelled the order with 2Pure so they won’t end up with a frame with no owner. I was told to show up on Saturday with my card and they’d refund the deposit. Duly did that, only to be told that is not their policy and despite them having cancelled my order with the distributor, they are still out of pocket??

I was offered a choice of any other frame from the shop but as any mtbr knows, you don’t just walk into a shop an randomly choose any old bike!

Like I said, the excitement an magic about getting this bike has completely gone and with no firm delivery date still, I just want my money back so I can wait and get another bike next year instead.

So after months of waiting for a frame that never arrived, an order cancelled with the distributor, is there still any reason why my LBS shouldn’t be forthcoming with the return of my not insignificant deposit??

That sounds a bit rum.

Best name-and-shame so that none of us end up in the same boat.

Theyre taking the piss. Next step legals. Couldn’t care less about their policy.
Oh and name and shame. Sound like a right bunch of shysters.

Fair enough, but if you told them that you wanted the new frame in time for the holiday in (be specific on the date)…

Duly did that, only to be told that is not their policy and despite them having cancelled my order with the distributor, they are still out of pocket??

…Then you won’t sue them for any losses incurred during the holiday do to not having the new bike. Job’s a good ‘un.

They’re definitely taking the piss there. It’s not like you’re gonna hand over a couple of grand for something that they happen to have in stock!

despite them having cancelled my order with the distributor, they are still out of pocket??

Again, that’s their problem, not yours.

Did you pay using your card?

If so could the card company not intervene?

They should definately refund you though

Did you pay the deposit by *credit card?

Is so and if the retailer refuses to play ball, you can contact your credit card company and legally they have to refund you for breach of contract (debtor – creditor – supplier agreement).

The credit card company would they claim the money back from the retailer.

Edited Bit: *Credit cards only. If you paid by debit card, you would need to claim the money back from the retailer yourself.

Give the Distributor a call.

I wonder if the shop has a credit account and is overdue hence no more stock sent their way at the moment.

So after months of waiting for a frame that never arrived, an order cancelled with the distributor, is there still any reason why my LBS shouldn’t be forthcoming with the return of my not insignificant deposit??

Cashflow?

Ask to see the manager.

“Just so we’re clear before I go to the small claims court, you’re refusing to honour my statutory rights under the Sale of Goods act despite being in breach of contract?”

..if they closed would you get your deposit back?

Go into the shop and loudly/politely ask why they wont refund you.

It does work. If you look like a reasonable pleading customer it can look very bad on a Saturday whereas loud and rude gets other customers thinking cock. They are keeping your money for months. Either that or agree to buy some forks from them as a walkaway compromise.

Either that or agree to buy some forks from them as a walkaway compromise.

No. Money.

Heres another option. Call another dealer…say your interested and ask about available stock and colours.

Theyll ring the distributor then call back.

If they say sorry no stock in country… then it will assure you.

Cashflow?

My thoughts too.

It’s ….. Bombers time …if they don’t play ball

hora – what?

Peakes, get back in the shop demand your money back. No way in the world I’d put up with that! They cancelled the order, not you. They can’t supply, not you won’t buy. They therefore HAVE to refund your money.

Either that or agree to buy some forks from them as a walkaway compromise.
No. Money.

Agreed. Refund. All of it.

I’d walk in, ask to see the manager or supervisor, explain that I’d bought X, Y and Z over the years and that if they wanted to keep my business that they had better refund then and there. If not then I’d tell them I was going straight home to inform my CC company (if I paid on one) or to start a small claims procedure (reasons as above, contract etc) and if nothing was forthcoming I’d go home and do just that. No bluff calling, straight in.

If they have cancelled the order with 2pure I’d be going frickin mental

Name and shame too!

Oh, and name and shame – but after you get your money back!

Edited Bit: *Credit cards only. If you paid by debit card, you would need to claim the money back from the retailer yourself.

Not so

I’ve successfully claimed back money on a debit card after the company went bust and couldn’t supply the service I paid for
I believe PP did similar

Name and shame, we all need to know who to avoid!

Yes I did actually. 🙂

They cancelled the order, not you.

There’s a legal term for this, it’s called an “anticipatory breach”. Basically, they’ve told you they’re not honouring the contract. Let me see if I can find some info.

Here.

http://www.insitelawmagazine.com/saleperformance.htm

8.1.5 Anticipatory breach before delivery

If a seller indicates to the buyer that he does not intend to deliver the goods the buyer may accept this anticipatory repudiatory breach there and then, treat the contract as at an end and claim damages.

Quick update:

Got advice from the CAB and HSBC. Turns out if you have a dispute within 120 days of purchase on debit/VISA cards, then you can claim full money back using the banks resources, just like if you’d bought on a credit card – worth remembering.

Luckily I didn’t have to get to that stage. Turns out the shop was in breach of contract after all as I had a written delivery date included within some email correspondance. As this date had passed, I had full rights to claim back my deposit. After stating this to the shop manager along with some legal jargon given to me by the CAB, he relented and the money should be winging its way back to me in the next days. It’s not in my account just yet, but transfer was made onto my card over the phone so can take up to 3 days.

So hopefully fingers crossed, a positive outcome for me in the end. Now to research another bike!

Thanks very much guys for all your earlier help, much appreciated.

TOP BIKE BUYING TIP:
Always get a written delivery date from the bike shop at purchase. Even a non-specific 4-6wks etc will do. That way you, as a buyer, will always have your deposit protected in case a situation such as this happens.

along with some legal jargon given to me by the CAB

I’d be interested to hear what that was.

I’d be interested to hear what that was.

I’d be interested to hear which shop it was.

If i’m buying from a local shop it’s to save hassle, not create more!

This is why I never buy from LBS, support your not-so-local direct sales company!