bought bike that is too small. Consumer rights in France

nickice
nickice Posts: 2,439
edited February 2011 in Commuting general
Hi everyone,

I just bought a bike for commuting that is size L. The salesman raised the seat to the correct height (I verified this by sitting on it) but told me it was at the maximum so I couldn't raise it any further. That was fine by me as I am 30 and not going to get any taller and it fitted just fine and I test rode it and really liked it.

However, when I got home I noticed that he had raised the post a good 1-2 inches beyond the maximum (either through ignorance or deliberately) and thus with the seatpost at the correct maximum (as per the manual) the bike is too small. Not far to small but too small nonetheless. I am now in a position where I have ridden the bike (albeit for only 10km) but would like to return it as I feel I only bought it as a result of misrepresentations (I know I should have double checked in the shop but I had no reason not to believe the salesman).

Matters are further complicated by the fact that I live in France and have no idea of my rights here. I am going to go in with the wife tomorrow to see what they can do. How would an LBS react in the UK? Would anyone happen to know what an LBS would do (or is obliged to do) in France? I know it's a strange query but I want to have a good idea of what to say before I go in. It wasn't terribly expensive (400 euros) but still it is money that nobody can afford to throw away.

Thanks.

Comments

  • kelsen
    kelsen Posts: 2,003
    Maybe some info you can glean from this site...

    http://whatconsumer.co.uk/the-sale-of-goods-act/
  • kelsen
    kelsen Posts: 2,003
    T'internet is your friend...

    http://www.brittany-internet.com/Britta ... fault.aspx
  • nightoff
    nightoff Posts: 32
    I haven't the foggiest about French consumer law, but if you like the bike can't you fit a longer seat post .

    Maybe the LBS will at least give you a suitable seatpost FOC if they won't give you a refund.

    I would personally try for my money back.
  • walkingbootweather
    walkingbootweather Posts: 2,443
    Annoying I grant you, but pragmatically might be best to just put down to experience. If you like the bike you can probably just get an inexpensive replacement seat post. They do come in different lengths and diameters so check before you buy
    Nobody told me we had a communication problem
  • jeremyrundle
    jeremyrundle Posts: 1,014
    My son (20) likes a smaller bike but likes riding high for control, he has a 17" frame and fits long seatposts why cant you, size is personal, I am 5'8" and ride both an 18" frame and 20, many would say I should use a 17. There is no actual "right" size, it is what you ride and like.
    Peds with ipods, natures little speed humps

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  • The Rookie
    The Rookie Posts: 27,812
    Agreed, get a longer seatpost if you like the bike, get the selling shop to chip in if you can, a decent post can be had for £20.

    Simon
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • nickice
    nickice Posts: 2,439
    Hi,

    Thanks for the links and tips. I actually teach law and know that, unfortunately, a European Directive won't really cut it as I would need to find the relevant national law that enacted the directive. Saying that, the fact that I teach law and work in the local law faculty might be enough to persuade them that I am serious (though I don't want to start throwing my weight around)

    I suppose I could get a longer seatpost, but if I had known that to be the case, I simply wouldn't have bought the bike. Realising that the seatpost was at max and the bike was still a bit small I would have thought twice before buying it. I would be happy to move a size up (they didn't have any in xl but I could ask) I think I am going to try for my money back (it is only one day that I have had it after all). What annoys me is that the salesman and the bike-tech, who got it ready, didn't notice (or didn't care) that the seatpost was past its max (but I suppose I didn't either). At best it was a shoddy oversight. At worst they just wanted to make the sale and didn't care. I find bike sizing a nightmare anyway and always end up getting a smaller size as I seem to have long legs but average arms!
  • The Rookie
    The Rookie Posts: 27,812
    Agreed, get a longer seatpost if you like the bike, get the selling shop to chip in if you can, a decent post can be had for £20.

    Simon
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • benno68
    benno68 Posts: 1,689
    You say that the bike felt fine on the test ride.

    I'd try to get the shop to supply a longer seat post - job done.
    _________________________________________________

    Pinarello Dogma 2 (ex Team SKY) 2012
    Cube Agree GTC Ultegra 2012
    Giant Defy 105 2009
  • dilemna
    dilemna Posts: 2,187
    Do you teach French or English law? Surely you can find out your consumer rights in France as you work in a legal environment albeit at a college. Surely some one in your department must know or put you in touch with a local avocat? Worth a try. The French love relying on people in high places to sh1t on some one who has done them wrong. Presumably your french is tres bon bon bien cuit?

    But it does seem from your description of the test ride and your inspection of your bike prior to buying it that you were more than happy with it. From whom did you purchase it? An independent bike shop or Decathlon? If the latter then just take it back and order the larger size. You should be pretty certain though that it will fit otherwise lots of egg on face moment. But if you got a longer seat post such as the one below for your current bike would it still be the case that you would be happy with it? Maybe the seat post fitted is a short one?

    Thomson do some excellent longer seat posts. CRC have them on offer at the moment. Make sure you get the right diameter.

    http://www.chainreactioncycles.com/Bran ... nerID=1952
    Life is like a roll of toilet paper; long and useful, but always ends at the wrong moment. Anon.
    Think how stupid the average person is.......
    half of them are even more stupid than you first thought.
  • nickice
    nickice Posts: 2,439
    European law and Human Rights. I took it back in today and got a full refund. Problem solved
  • jeremyrundle
    jeremyrundle Posts: 1,014
    A lesson to all, try before you buy and that does not mean a quick ped round the car park, spend an hour with it looking, sitting on it, trying it round the car park for as long as they will let you.
    Peds with ipods, natures little speed humps

    Banish unwanted fur - immac a squirrel
    http://www.dailymail.co.uk/news/article ... heads.html
  • walkingbootweather
    walkingbootweather Posts: 2,443
    nickice wrote:
    European law and Human Rights. I took it back in today and got a full refund. Problem solved

    Glad you were able to get a full refund, but you now haven't got a bike. One problem solved, another one to deal with. Actually scrub that - shopping for a new bike is never a problem or a chore....
    Nobody told me we had a communication problem
  • snailracer
    snailracer Posts: 968
    nickice wrote:
    European law and Human Rights. I took it back in today and got a full refund. Problem solved
    What? I thought it would have been covered by the Geneva Convention :wink:
  • kelsen
    kelsen Posts: 2,003
    jeremyrundle wrote:
    A lesson to all, try before you buy and that does not mean a quick ped round the car park, spend an hour with it looking, sitting on it, trying it round the car park for as long as they will let you.

    Erm...no. Unless you're particularly anal about checking every single part and adjustment when buying a bike, the issue here could easily have been missed by anyone.
  • jeremyrundle
    jeremyrundle Posts: 1,014
    Anal, what an amazing comment, perhaps I spend more on bikes than most then so I WOULD check everything, I would not spend £1500 on a tv without checking it fully meets MY requirements so why the h%^l would I spend good money on a bike and not see it meets my needs that is common sense.

    Or perhaps I am of an age where I "appreciate" money and have not been brought up in a "must have it now" throw away society.
    Peds with ipods, natures little speed humps

    Banish unwanted fur - immac a squirrel
    http://www.dailymail.co.uk/news/article ... heads.html
  • kelsen
    kelsen Posts: 2,003
    jeremyrundle wrote:
    Anal, what an amazing comment, perhaps I spend more on bikes than most then so I WOULD check everything, I would not spend £1500 on a tv without checking it fully meets MY requirements so why the h%^l would I spend good money on a bike and not see it meets my needs that is common sense.

    Or perhaps I am of an age where I "appreciate" money and have not been brought up in a "must have it now" throw away society.
    Have you read the original post, or are you just going off on a rant for the sake of it?
    jeremyrundle wrote:
    A lesson to all, try before you buy and that does not mean a quick ped round the car park, spend an hour with it looking, sitting on it, trying it round the car park for as long as they will let you.
    Did the OP sit on it? Yes
    Did the OP take a test ride? Yes
    Did the OP spend an hour with it? I don't know. Probably not, most people would probably consider that OTT for a €400 bike, but even if he did, whether the issue would've become apparent is debatable. The saddle was adjusted by the salesman to the required height. The OP sat on the bike. It appeared to be the right size. I imagine he rode the bike and tested it out for height, reach, gears changes, brakes, etc. At this point, it would be reasonable to assume that everything was in good working order but not obvious to the OP that the saddle post had been extended past its max height by somebody who is supposed to know what they're doing.

    Have you even seen the max limit marker on a seatpost? I bet there's a fair chance you don't even know what it looks like on your own bike. Sometimes it's discretely etched on to the post, sometimes it's a printed graphic. It may not even have one. Not obvious at all unless you were specifically looking for it.
    jeremyrundle wrote:
    Or perhaps I am of an age where I "appreciate" money and have not been brought up in a "must have it now" throw away society.
    A condescending and pompous statement completely irrelevant to this thread!

    You should read and consider all the facts before posting 'I know it all' comments.

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