Evans latest quality Build

gaz545

Sketchley wrote:

The time limit on the sale of goods act is six years. See here

http://www.oft.gov.uk/business-advice/t ... explained/

3 When can a customer claim a refund, repair or replacement – what the law saysCustomers return goods to retailers every day and many of them ask for refunds.

Circumstances when customers do not have a legal right to a refund, repair or replacement

Customers do not have a legal right to a refund, repair or replacement from you if they

accidentally damaged the item
misused it and caused a fault
tried to repair it themselves or had someone else try to repair it, which damaged the item
if they knew it was faulty before they bought it
if they decide they no longer want the item (for example it's the wrong size or colour, or does not suit them).
There are a few exceptions to this rule, including goods sold by mail order or over the internet - see the section Your customers' rights when they buy goods online, by telephone or by mail order - and some goods sold to a customer during a visit to their home.

Circumstances when customers do have a legal right to a refund, repair or replacement

Customers do have a legal right to a refund, repair or replacement if an item they purchased

does not match the description
is not of satisfactory quality
is not fit for purpose.
Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty. The next section of this guide, Your responsibilities as a retailer, provides a full explanation.

If you point out a fault to a customer and they are able to inspect that fault before they make a purchase, their purchase means they have accepted the fault and they cannot claim their legal right (outlined above) in relation to that particular fault.

Customers' rights last for six years

The law says that a customer can approach you with a claim about an item they purchased from you for up to six years from the date of sale (five years after discovery of the problem in Scotland).

This does not mean that everything you sell has to last six years from the date of purchase! It is the time limit for the customer to make a claim about an item. During this period, you are legally required to deal with a customer who claims that their item does not conform to contract (is faulty) and you must decide what would be the reasonable amount of time to expect the goods to last. A customer cannot hold you responsible for fair wear and tear.

The six-year period is not the same as a guarantee, but it does mean that even where the guarantee or warranty supplied with the product has ended, your customer may still have legal rights.

Complying with the law

You cannot remove a customer's legal rights, for example by displaying a notice saying 'we do not give refunds under any circumstances' or 'credit notes only in the case of faulty items'.

It is also against the law to mislead consumers about their legal rights - this could lead to a criminal prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

Whilst that is correct. You miss out a key point and that is the first 6 months.

If you try to return it in the first 6 months then it is up to the shop to prove that it is fit for purpose. If you choose to return after 6 months then it is up to you to prove it is not fit for purpose. Basically after the 6month period it becomes a lot of work for yourself to try and return something and unless you have a very good case as to why you should get a refund, your changes are slim.

sketchley

Gaz - Yes I understand burden of proof is on consumer if purchase was more than six months ago. However, it would be fair and reasonable to assume a crank would not fall off a six month old bike had it been assembled and checked correctly by the seller. So proof of not being fit for purpose would not be difficult particuarly as OP has not riden the bike much during this period.

That being said, glad to see Evans responding on here over bank holiday and I hope the OP gets good customer service from them in sorting this out. I also hope the OP posts the outcome so we can judge Evans based on how they handle this.

il_principe

Oooof. Exactly the same happened to a friend of mine. Figured it served him right as I'd told him:

1: don't buy a hybrid
2: don't buy from Evans

Not good at all. Complain politely and consistently and they should sort it though. IME it helps if you make it clear that you actually know what you are talking about.

Flyingbogey

Did anyone see that programme on BBC 1 last night "see you in court"? I only caught the second half but the gist was some guy on a property forum warned others about a company and their poor service. That led to about a year of civil action grief from the company which fortunately had a happy ending for the punter. Watch out folks.