just spoke to the bike shop i bought, and sent my broken leccy bike from. the guy tells me that even though he sent pictures of my broken bike to germany 3 weeks ago, nobody from Haibike in germany has replied.
so, would i be within my rights doing this.
when i bought my bike i decided i needed a spare battery for range, so cos i had be messed about the shop sent me one as a loan.
after a weeks offroad tour, i decided to buy the roadbike version, so when i told him mine had broke, he collected my broke bike, and dropped off the £2300 road bike version.
he said i could pay for it when i got my mtb version back repaired/replaced.
so i have got a £2300 bike and a £499 battery sat at home, which belongs to the shop.
my bike cost me £2500 which i paid in full for in may (received the bike in august)

so i have just told the bloke, that i will be placing the roadbike and spare battery on Ebay in 7 days time to recoup my money, if my bike is not back replaced with me.
am i in my rights to do this?

Morally yes. Legally I think you may be on dodgy ground at best.

Very unlikely! Gut feel says you could get in a lot of bother doing that…

selling property that doesn’t belong to you?

I’d call it theft, tbh.

You can use possesion of road bike as a bargaining tool as your contract is with the shop, I’d say.

I’d just visit talking about ‘merchantable quality’ and suggest that a full refund would enable you to return/buy the road bike.

Whether he’s had a response from Germany or not is irrelevant. Did you try phoning them?

i emailed them twice direct and phoned them this morning, no answer.

I’d stick to the ‘you’re the retailer’ line with the shop then and tell them you want it sorted regardsless of whether they’re supplier talks to them or not.

You could start stalking them on their facebook page, I suppose.

i paid upfront for my bike in may, it landed in august after 6 or so promised it would be next week/10days/blah…..
so in 5 month i have had the bike for just 5 weeks.
not very good is it?

**** him, i am gonna sell the roadbike and spare battery.

Have you or the dealer tried contacting the parent company that own Haibike?

http://www.winora-group.de/en/contact/

I tried their number and it was answered on the first ring.

Yeah, I wouldn’t go putting the loan bike on the Bay. As is usually the case, both customer and retailer are obliged to exercise the 3 R’s.

A former forum member would have probably banged on about demanding your refund immediately. And if that happens, then great. However, in the case where no refund is given and the matter goes to arbitration. The person reviewing the case will want to see both sides having tried to settle the matter, before going straight to court. Which is why most times, one goes through Repair, Replace and finally, Refund.

Also, I would not accept the shop deferring the issue to the Manufacturer / supplier. The shop sold the bike to you at a price which included their profit. Therefore, they are responsible as this is the risk any retailer takes when selling goods. If its a good product, then no one claims for repairs / refunds, etc, and a profit is made by the shop.
If its a poor product, then the shop sorts it and they decide whether to continue selling a troublesome product.

So, before getting to the stage where legal redress may be your only option. Try to come to an amicable agreement with the shop. Do not accept the shop trying to pass responsibility to the supplier / manufacturer. The shop must sort it for you.

Sorry to here that your longer rides may be scuppered for a while.
Good luck.

How did you pay for your bike? If it was a credit card (some debit cards also offer the same protection too) then inform the card company and they will refund you and then pursue the dealer themselves.

Selling the road bike is counter productive – you could face criminal charges and it is a bargaining tool to use with the dealer.

I’d say that you should pursue the issue under SOGA and NOT sell the stuff on ebay, otheriwse you will be aon a sticky wicket if you want to pursue anything legally.

Whether he’s had a response from Germany or not is irrelevant

This. Your contract is with the shop not Haibike. Did you pay on a credit card? I wouldn’t sell the other bike just yet TBH.

no you would be over reacting but we can see why you would

Stay calm and your issue is with the shop – it is their problem with the supplier not yours

I think you will be fine under not fit for purpose given it has broken so soon after use.
Demand a full refund from them and thecourts if necessary

think about the shop though are they good folk getting shafted by a supplier? Do they have £2.5 k hanging around to pay you?

**** him, i am gonna sell the roadbike and spare battery

Bad bad bad bad bad idea. What that may well earn you is a visit from the police. No use for an electric bike in a cell I’d have thought. As others have said, tell the shop you want your money back ASAP. You could always agree that if the bike is sent back fixed to them, you’ll re-buy the bike but I’d not even do that.

man buys custom bike

man breaks custom bike

man expects new custom bike in 5 minutes …

man doesnt get it wants a refund ?

trail rat, bike is not custom
it is available off the peg all over the continent.
also, i dont want a refund, i just want the bike i have paid for, and i dont want lying to every week.

Putting the bike you don’t own on eBay would put you in a very dodgy situation legally.

What exactly went wrong with your bike? In my experience, electric bike companies vary hugely in how good they are at sorting problems, some can be an absolute nightmare.

so i have got a £2300 bike and a £499 battery sat at home, which belongs to the shop.

You’ve said it yourself ton, the bike belongs to the shop and you would be on dodgy ground selling it at this stage.

Have I mis-read your OP but why would you want to sell the road bike when you wanted it anyway and haven’t paid for it yet? Wouldn’t that just leave you with no bike at all?

bencooper, the frame snapped straight through a weld.

Faust Pastete? 🙂

so i have just told the bloke, that i will be placing the roadbike and spare battery on Ebay in 7 days time to recoup my money, if my bike is not back replaced with me.

What did he say when you said this ❓

You wouldn’t be ‘on dodgy ground’ selling the loan bike you’d effectively be selling stolen goods as you don’t own it and don’t have the consent of the owner to sell it.

I can see why you’re pissed but 3 weeks isn’t massively long in terms of getting bike warranty issues sorted. All I’d do is give the shop a deadline (probably 30 days after you reported the problem to them) and say if it’s not resolved by then (or at least you have a firm date in writing as to when it will be resolved) then you’ll take action, whether that’s via your CC company, trading standards, solicitor or whatever floats your boat.

Possession of the load road bike is useful in that it will probably motivate the shop to keep pushing on your behalf but you might have blown that already by threatening to sell it.

Putting the bike you don’t own on eBay would put you in a very dodgy situation legally.

…plus the fees would be astronomical.