Amerityre Tyres

roof30

My partner and I are in the process of building our first fixie, and have opted for a yellow Amerityre tyreset to complete the colour of the bike. Having ordered these from Hancox.co.uk, they have sent me out their black set stipulating that they don't currently have the yellows in stock, but without letting me know so I could cancel the order first. I have contacted them to return the wheels, and they are refusing to send out a returns slip - meaning I will have to foot the bill for their return.

This seems unfair to me, and I have quoted the Sales of Goods Act to Hancox, which clearly states that unsolicited goods should be returned at the expense of the company.

Has anyone else had any problems with these jokers? I certainly won't be buying any other tyres from them when the problem is finally sorted.

Cheers
roof30

alfablue

Send them a recorded delivery letter headed "Notice Prior to Action" Giving them 7 days to make a full refund of all your costs and to arrange collection of the wrong tyres, should they want them back. They broke their contract with you, and also, black tyres are not the yellow as described, and are not fit for the purpose of being yellow tyres! :roll:

Give them 7 days, and state that you will initiate county court action through the small claims court (easily done online using the Courts Service Money Claim Online web site), and state that the claim will include court fees and all expenses. Give them 7 days from receipt, if no refund then do the claim!

It will work (I have had to do this several times over the years and to my slight disappointment the people have always settled before I could file my claim).

If you do anything less they will just waste your time and pi** you about!

GarethPJ

Pretty much what alphablue said, with the exception that stating they are "not fit for purpose" is probably not the way to go.

The sale of goods act stipulates that goods must be "of satisfactory quality", "fit for purpose" and "as described". The bit that these tyres don't meet is the last one. So these tyres "are not as described and as such do no conform to contract under the sale of goods act 1979".

In law the onus is on you to prove that the goods do not conform to contract. As such a copy of your order proving that you asked for yellow tyres should be enough.

A caveat: The only situation where you may run into trouble is where ordering options or conditions were clearly stated on the order - a seperate T+C page may not be binding. For example in an online order you may see something like "Where the chosen colour is not available an alternative may be supplied." Such a condition may be considered unreasonable, however if this condition had a check box against it it may be considered reasonable even if the option is checked by default. Always check any conditions displayed on the ordering page before confirming your order. Some conditions

roof30

Many thanks to both alfablue and GarethPJ - some very interesting information. I will certainly let them know that they are not as described in their advert and let them know that I will be expecting a returns slip (one last time). If this is still met with an absence of response, then things will have to be stepped up a gear...or not, in our case!

Cheers

roof30

Ok, so it's now 30 January and Hancox.co.uk have ONLY JUST sent out a returns slip for the tyres (which, they are still advertising on their website - only they know that they are not available). Took the tyres back to the Post Office today only to find out that Hancox have undervalued the returns label by £3.00.

I am now furious about this so called them pretending to be a solicitor and letting them know that a new returns slip should be with me by Tuesday otherwise we will be drawing up legal papers against them. The guy at the end of the phone said 'In six years of working here I've never had an unsatisfied customer, blah blah...' maybe they are just more thick-skinned???

Have to say, I can't be the only one annoyed at being fobbed off with them sending something I didn't order. When I mentioned the goods were unsolicited, his response was that '...they were just as good, only black in colour...' - we're building a blue fixie, so obviously wanted yellow tyres. As the tyres are clearly specialist, why on earth would they assume that anyone would want black when they had ordered yellow?

I'll let you know how we get on.

roof30

Well it worked. Hancox.co.uk got the full £70 to us yesterday - in cold, hard cash. Seems a shame that it had to go so far before they would see sense, but at least we've been refunded and had enough to send the tyres back.

Word of advice everyone - don't buy from Hancox.co.uk!