6 week, 30 mile old cracked cube reaction!! What are my righ

appy

Will call them in the morning and see what they say. You can tell by the tyre tread how little ive ridden it.

What are my rights to ask for my money back as ive lost all confidence in the bike so dont think i want a replacement.

Will post a pic up in a min

oodboo

You'll probably get a frame (or what ever part is cracked eg rear triangle) replacement under warranty. You can destroy a bike in one ride of less than a few miles if you're doing something wrong or there's something faulty. I could be wrong but I doubt a full refund will be offered on a bike that has been ridden.

oodboo

Just checked and it's a hardtail. Where is it cracked and how do you think it's happened?

supersonic

We need more details ie how where was bought from, is it new, where the crack is, when you discovered it.

appy

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And some pics that show how little use its had



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appy

Bike was bought new from certini. Ridden round Delamere and Macclesfield forest. I have a Ghost AMR for trail and rough stuff this was just for easy Forest road types stuff. Havnt a clue how its happened it really hasnt been pushed at all. Juat noticed it when taking some close up pics for facebook

supersonic

Given you have had the bike 6 weeks, you have formally accepted the goods. The retailer must offer you (assuming is a fault - it looks like one), a replacement or repair of the product. You are not entitled to a refund yet.

This should be done in reasonable time. If a repair or replacement is not feasible, then you should be offered a refund minus money for time you have had the bike.

appy

I know for a fact this was the last one in my size in the country, it took me ages to track one down.

supersonic

The shop may try and source one from Cube, or the continent for you.

appy

supersonic wrote:

If a repair or replacement is not feasible, then you should be offered a refund minus money for time you have had the bike.

If they try that ill be telling them to take a running jump and get the credit card company involved. Luckily i do all my online purchases via my card just for the extra protection it gives you. Dont really like the 2012 version

supersonic

These are your consumer rights - there is little you can do, the law states this. You can ask for a refund, but is at their discretion.

appy

Guess im getting wound up before theyve had chance to sort it lol. Im just so gutted and annoyed. Hopefully they will have a resolution im happy with

RevellRider

appy wrote:

supersonic wrote:

If a repair or replacement is not feasible, then you should be offered a refund minus money for time you have had the bike.

If they try that ill be telling them to take a running jump and get the credit card company involved. Luckily i do all my online purchases via my card just for the extra protection it gives you. Dont really like the 2012 version

You may be offered the nearest current equivalent frame as a replacement. Not all manufacturers keep older versions of frameset around for warranty purposes.

appy

Whatever i get will be getting sold straightaway, If its cracked after this little and easy use then Ill never trust one again. Will Stick to my Ghost. Had a couple of them and never had any issues whatsoever with either of them

supersonic

I've seen cracked ghosts - in fact I have seen just about everything cracked! Sometimes rogues happen, not always an indicator that the frame is poor, or that the rest will do the same.

nicklouse

And most carbon frames come from th same factory.

cloudynights

cracked my anthem couple of weeks ago and there not known for having problems, any frame can crack

appy

Yeah i know just sulking at the moment still

diy

Don't see why you can't get a refund. Just reject anything other than an exact full bike replacement. Refuse anything that takes more than 2 or 3 weeks to order and check the sellers policy for refunds. If they offer repair demand some money back. Read up up on your consumer rights and exercise them fully.

appy

diy wrote:

Don't see why you can't get a refund. Just reject anything other than an exact full bike replacement. Refuse anything that takes more than 2 or 3 weeks to order and check the sellers policy for refunds. If they offer repair demand some money back. Read up up on your consumer rights and exercise them fully.

Cheers im just reading the Sale of Goods Act 1979. They dont have this years available either. Ive a feeling im going to come off badly out of this

supersonic

The act was 1979, has only been amended since, it should be up to date if from Which or the government website.

As you will see, they will probably offer a replacement, as a repair is not likely. But as DIY said, make sure it is in good time, and is the same goods.

Northwind

The other thing is, don't get too worked up about the risk of repeat. I know it feels like "It snapped after only 30 miles, how can I trust it" but that's just your bathtub failure curve at work. Actual defects tend to show up pretty fast, then once the item's been shaken down and stressed a little and it's survived that initial phase, it's much less likely to fail. (then eventually it gets old and worn out and becomes more likely to fail)

diy

Your rights are in part 5 of the sale of goods act.
http://www.legislation.gov.uk/ukpga/1979/54/part/5A

in a more understandable form...

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

Read section 5.

Don't worry too much about partial refund language a bike this new, should not attract much of a reduction for use, certainly less than 5% if anything.

supersonic

Especially the section: faulty goods that have been accepted.

dmorton

The Which? site is good:http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

supersonic wrote:

Given you have had the bike 6 weeks, you have formally accepted the goods.

Regarding acceptance of goods. The reasonable time is open to interpretation. Just because you've owned it for 6 weeks you may not have used it that much (ignore any 7/14/28 day return period, this is for return of unwanted goods and is the retailer's policy, it's not law). 30 miles in respect to the total mileage in the lifetime of the bike is not a lot at all. I'd say that's 1 big ride, or 2 shorter rides. Hardly any at all. I think you have an argument that you've not accepted the goods due to the low mileage. You could state that 30 miles is well within the scope of one use of the bike, therefore you don't believe it's reasonable 'to have accepted the goods'. Failure within this period is unacceptable and you want a refund.

There are examples somewhere (can't find them online right now) of this, e.g buying a lawnmower in the winter and not getting chance to use it until summer then finding it breaks. The length of time owned might be a few months, but the actual time in use is much less.

The best course of action is to contact the store (in person or on the phone) and state your case. If they come back and say no, note down reasons for refusal of refund and the person you spoke to, time, date etc. Then put this in a letter addressed the Manager @ Certini. Restate your reasons with reference to the Sale of Goods Act and state what action you'd like to see and when by.

supersonic

6 weeks though and 30 miles - and the fault was not apparant when the bike was bought - I would think most would deem this acceptance of goods. But as you say, open to interpretation, and certainly worth persuing. I just don't think it will happen lol.

appy

Thanks for all the input folks its much appreciated

I have taken it to my local bike shop for a 2nd opinion (bought this mail order as they couldnt get me one) And they agree the seat post is far from overtightened. its not exactly like a normal clamp you have to get an alan key out to adjust it so it cant over been overtightened by accident either. With the post tensioned as it is, its easy to twist it by holding the saddle so its definitely not too tight.

Certini are collecting it today which is fantastic customer service so will update this thread with what happens.

diy

Once you start using something you have accepted it. Timing is important, but use is more important. The 6 weeks from purchase could well be within time to deny acceptance. Particularly with a month of rain.

Since this was mail order distance selling would also apply and given that 90% of retailers fail to comply with the DSRs, would probably give the OP up to 3 months and 7 days to cancel the purchase. DSRs allow unboxing, fitting, trying on and testing of the product without affecting the right to cancel. Most retailers (inlcuding this one) fail to comply because they insist that you return in the original packaging, which must not be damaged. This retailer also insists it must be returned within 7 days which is also a failure, lastly they do not advise you of your right to cancel under the distance selling regs, so you'd have the lesser of until they do or 3 months and 7 days to cancel

I think the OP must work on the basis that he has accepted the bike and play his remaining rights. If the retailer can't repair it or replace it quickly, he can then rescind the contract due to breach. Also if the replacement develops faults in a short period of time he then has the opportunity to rescind.

Also the OP has the option of accepting a replacement and then cancelling under the DSRs providing he didn't use the replacement and it was within the period allowed.

appy

Their first comment was they would get another frame so maybe they are confident Cube will have one. Still think im going to sell it when it returns. I know you can buy anything and get a bad one i probably have just been unlucky but I hadnt even taken this to Cannock my usual haunt yet and that would be a much harder ride than anything it had done so far. So I know id just be waiting for it to break.

diy

Tell them you are not willing to wait ages for them to source and fit a new one or wait for the distributor to decide on the failure - if it takes more than 2-3 weeks you'll expect a refund. Allowing them to fix the failed part so that you can flog it for 20% less than you paid is a bit stupid imo.

appy

Bike has been collected so will give them a bell tomorrow afternoon to see if they have it and if they have looked at it.