Getting a full refund on a frame, what are my chances?

Had a frame for less than two months, bought via a shop’s internet site.
Known issue where a certain area of the frame was cracking, asked the shop about the area in question – once before buying to ask if it was the old style of weld, and once after buying to get a replacement part in case mine went. No answer to either email.
Area has now cracked – Do I have a chance of getting a full refund on the frame?

How did you pay?

once before buying to ask if it was the old style of weld, and once after buying to get a replacement part in case mine went. No answer to either email.

If you said at any time ‘I’m buying this because it’s the new version’ then it’s breach of contract.

If you just assumed then I guess you have to give them a chance to rectify the problem before you try and go nuclear with a card chargeback?

Slim to none, that’s why there is a warranty. If it happens again, you may be in a better position to.

http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/

butterbean, you’re dead wrong.

From that site:

You have the right to reject your item and get a refund within four weeks of purchase

That fact that it’s survived 2 months is where their argument will come in. Perfectly within their rights to just replace it.

Agreed, but there is still a higher chance of getting a refund than has been implied, and the reference to the warranty over the recourse to the retailer is wrong, insofar as it may add to your statutory rights but doesn’t replace them.

Edit – I think what has been referenced above is misleading, by the way. There’s no four weeks limit to a refund (potentially reduced to reflect usage but that would be going out on a limb after two months) as far as I know, they may mean that there is a limit to the amount of time since the fault was noticed that you have the right to request a refund before you are deemed to have accepted it.

Hence why I said slim chance…

Neither email was answered, yet you went ahead and purchased it anyway?

Sale of Goods Act. It’s not fit for purpose, you’re entitled to a refund. The general rule of thumb is if it’s “reasonable” that the item would fail within 2 months, you’re stuffed. However, I think a bike frame cracking after 2 months is not reasonable and it’s unlikely anyone else would think so either.

Interesting Stuff. paid with credit card.

First contact:
Hi, two questions, the 2011 frames had issues with the rear triangle/chainstay and I believe most frames from that year got recalled for a replacment triangle/stay – do you know the situation with this particular frame? Secondly with this being a 2011 model what is the warranty situation? Would I still get the standard warranty?

Reply: It comes with UK warranty. Any questions do not hesitate to call us and ask for Tom.
Best regards

Then after suspecting it was an old one i asked hotlines:

“We supplied all dealers with new swing arms to fit to their stock so it is unlikely that you have an older version of the swing arm. It was only the very first batch that needed the upgraded swing arm so It shouldn’t be an issue.

Then asking the shop again:

I bought a 2011 Nukeproof Mega frame from you just under a month ago and it has an old swingarm on it. These were mostly replaced with a different one after several failures. As I’m planning on riding 2 weeks in the alps this summer I’d feel far happier if I had a newer stronger swingarm on there. I’ve been told by hotlines to get in touch with you about replacing it. Apparently all dealers were supplied with swingarms for their existing stock so not sure how you had this still with the old one.
Please let me know how I can receive the replacement part.
Many thanks.

Was hotlines view that there shouldn’t be any “new” stock out there with the old chainstay?

not trying to be funny but have you actually spoken to whoever you bought it from and what did they say?

surely if they just supply the new version of the swingarm you’ve then got the bike you want with the swing arm you want and there isn’t a problem?

I don’t want the bike wwaswas, I was planning on selling it but as its failed within this short amount of time I’m wondering where i stand on the refund front.

I’m not sure ‘I don’t want it any more’ is a reason for a full refund.

No, its not. Its the fact they supplied a frame with an known faulty part on it – it should have been replaced as hotlines gave all dealers new parts for their stock. I’ve asked twice what the situation is and there has been no come-back. No frame should fail in this short a time period.

so have you spoken to them at all?

Not yet, I want to get my facts in order before I get back to them. I wasn’t in a rush before so an email was fine.

dirtbiker100 – Member

No, its not. Its the fact they supplied a frame with an known faulty part on it – it should have been replaced as hotlines gave all dealers new parts for their stock.

Not sure I get why you want a refund. Do you like the bike? If so, get it sorted with the updated parts and go ride

More chance of a replacement than a cash refund.

Cash refund the shop gives up its profit, replacement comes from the distributer/manufacturer

No Legend, I do not like the bike. I do not want the bike.

Jambalaya – There is 100% chance of a replacement. It was a known fault and nukeproof/hotlines effectively did a recall – giving out new chainstays to dealers and owners who requestd it. Why the shop hadn’t replaced this frame I don’t know, and thats why I’m wondering on the possibility of a refund rather than replacement (especially if the replacement is different colour / style)

I got a full cash refund off CRC when I sent a Blue Pig X back – it couldn’t succesfully hold a Reverb without torqueing the seat clamp up so tight it crushed the Reverb and stopped the seat from returning to the high position.

C