Evans Cycles Problem

proclaun
proclaun Posts: 4
edited August 2013 in Workshop
Sorry about another one of these posts but I need advice. Evans' customer service is useless.
Bought a Genesis Croix De Fer off of their website. (delivery took longer than stated but nothing new there)
After taking the bike around the block to adjust saddle height etc. I noticed the disc brakes hadn't been adjusted well at all. Whoever put the bike together probably couldn't be bothered which is annoying but not too hard to fix.

So the CDF stayed in the spare room for a few weeks while I went on holiday and then organised a wedding. Back at work, my commuter got a flat so I decided to use the CDF and test the brakes. About 3 miles in, while I was on a main road, there was a crunching sound and the wheel stopped turning. I look back and the derailleur was bent and in the wheel.
I carried it home and both my dad and I inspected the damage.
It appears the chain was jammed on the outside of the derailleur cage, the derailleur was bent in half and had gone into the wheel spokes, also the frame dropout was slightly bent. Now I'm not sure if the chain or derailleur was faulty but I wasn't going fast and I definitely didn't hit anything.
Clearly there was a dodgy part and the damage was their fault so I rang the nearest Evans store and they said bring it in.

The next day we went to the store ( won't name it just yet), there was no manager or mechanic in store but the customer assistant listened to what happened and our request for a new bike or refund. He said he will ring back in a couple of days, after the mechanic has checked it over (Which is obviously understandable and their policy).
However when I rang back a few days later I was told that a new derailleur had been ordered and they will fix it.
I told him I didn't want a repair, I wanted a new bike or refund.. surely if there is a problem with the bike through no fault of my own then I deserve to ask for a refund. No manager was available so I ring again a couple of days later.
Same problem.. I'm told the manager isn't in but I am promised an email discussing the options and chance of a refund once the manager is in store. Around 5 days later and still no email so I call again. This time I am told my bike has been repaired and is ready to be collected (so I had to call to find out the repair has been made even though I said I didn't want a repair in the first place?)
After complaining I'm put on hold to speak to the assistant manager, in the customer assistants words ' i'll put you through to 'her''. 5 minutes later a south African guy answers the phone stating that the bike is 'perfect' and we cant offer a refund but still no manager.
So I've basically been lied to, ignored and fobbed off until a repair was made when I clearly stated I didn't want a repair.
Giving up ever talking to this non existent manager I call customer relations.

The lady that answers finishes off every sentence with 'well policy states..' and once I've explained what happened and how the staff are useless she suggests that I could have done anything with it in the weeks between buying it and the fault. I explain that if you look at the bike you will see no signs of wear and she says that they can pick it up from the store and inspect it further which I agree on. ( This will take 2-4 weeks and she has no guarantee that they still have the faulty parts!)
Also while checking the original order form I notice a section where the technician and person who packed the bike should sign, this section was blank so she asks for photo proof which I provide. Clearly this suggests no one has even looked at the bike prior to shipping it to me. How do they know the bike is fit for purpose and doesn't have any problems?

After waiting a few days for her to reply/confirm my photos, I finally get an email stating that the bike will not be taken from the store to be inspected as it looks like impact damage.. the bike is ready to pick up from the store.

So now I'm back to square one, the evidence I provided has been brushed over and I am being called a liar and now its basically the stores word against mine.

Sorry for the long post, but where can I go from here?

Comments

  • You had a problem with your bike when you got it. You took it into the store and they repaired it and replaced necessary parts. What's the problem?

    You have no legal right of refund if that's what you're wondering.
  • antfly
    antfly Posts: 3,276
    It may well have been set up badly which is annoying but difficult to prove but your broken bit has been fixed, that's the normal thing, unless the frame is knackered. Presumably you want the bike or you wouldn't have bought it but if you buy online you should either check everything carefully yourself, if you know what you are doing, or if you don't get someone who does.
    Smarter than the average bear.
  • drlodge
    drlodge Posts: 4,826
    You had a problem with your bike when you got it. You took it into the store and they repaired it and replaced necessary parts. What's the problem?

    You have no legal right of refund if that's what you're wondering.

    Just did a google search and found:

    What do I do if I have a faulty product?
    If a product you’ve bought develops a fault, under the Sale of Goods Act you have the right to reject it and get your money back or you can have it repaired or replaced.

    So you have a right to reject the goods as they developed a fault. I think a "reasonable period of time" also comes into play here, which is very subjective.
    WyndyMilla Massive Attack | Rourke 953 | Condor Italia 531 Pro | Boardman CX Pro | DT Swiss RR440 Tubeless Wheels
    Find me on Strava
  • I think the right of reject period has passed. That would literally be get the bike delivered, go out on it that day and it falls apart.

    Your into repair or replace territory and that's up to the retailer to decide which it is, in this case repair.
  • drlodge
    drlodge Posts: 4,826
    I think the right of reject period has passed. That would literally be get the bike delivered, go out on it that day and it falls apart.

    Your into repair or replace territory and that's up to the retailer to decide which it is, in this case repair.

    Also just read this which supports your view

    Do you want a full refund?
    While you may want a full refund, you're not always entitled to it if they can fix the problem. Having said that, sometimes it's just easier for them to pay up to have the problem solved.
    WyndyMilla Massive Attack | Rourke 953 | Condor Italia 531 Pro | Boardman CX Pro | DT Swiss RR440 Tubeless Wheels
    Find me on Strava
  • I think the fact that the OP said he left his bike "for a few weeks" means this is the case. Your right to reject really means in practice in the first few days only. The fact that he left it and didn't ride it in that time isn't relevant as it can't be proven.
  • Thanks for the replies. Mixed views.
    I understand the period of time between receiving the bike and first riding it is the main factor. As one of you said there may be no way of proving I didn't ride it. (I have proof the original receipt wasn't correctly signed but they ignore that..)

    What I don't like,however, is the wording they used to suggest it was my fault the bike is damaged.
    There is damage to the frame and ideally I went in wanting a replacement bike/frame due to this, knowing a refund may not be possible.
    The service is what made me want a refund. No explanations from (or chance to speak to) a manager, no emails as promised and constant lack of care from the shop assistants and customer service.
    Doesn't really give you confidence that the repair will be done well.

    There are hundreds of decent bike shops that deserve my money more than Evans', at least I know this now.
  • Unfortunately their general attitude is not something covered by the sale of goods act ;)
  • top_bhoy
    top_bhoy Posts: 1,424
    Two things in my opinion.

    1) If you went on holiday you hopefully will have evidence to show this. Not forgetting that there were delays in the initial delivery to you and that you weren't able to adjust your schedule to conduct a full survey and inspection.

    2) That the form wasn't signed means they cannot prove the bike was ready for shipping or deny that the problem wasn't present when the bike left their premises. The fact that the bike was allowed to leave their premises without being signed off suggests that they have a QC problem which immediately should raise concern.

    I'm unsure of the traction you will have without further legal recourse. My 2p worth is if the problem is simply the damaged rear derailleur and chain and they have been changed, I'd be inclined to accept it. The downside to purchasing online bikes is that there is always a degree of assembly required and an onus on the purchaser to ensure the bike is roadworthy. Maybe chalk this down to experience!

    On the other hand if there has been permanent damage to say the frame or wheels, I'd keep chipping away a bit longer looking for a replacement bike or refund; a polite letter to head office briefly outlining the history and setting out the facts could help also as your shop will now have an entrenched position.

    Good luck.
  • bobmac64
    bobmac64 Posts: 22
    I have learned something reading this: avoid Evans and stick with Merlin for mail order!
    And already there have been 360 views on your post, so great PR for Evans!
    Please let us know if this gets resolved more in your favour!
    2012 Felt F85
  • NewTTer
    NewTTer Posts: 463
    So the derailleur didn't manage to get in the spokes in the initial ride where you deemed the brakes to be poorly adjusted, presumably you checked the gears at this time to?

    So perhaps you or someone else whacked and bent the hanger whilst it was parked in your spare room for all that time ergo its nowt to do with Evans!
  • Just a quick follow up.
    Travelled down to the store and eventually got to speak to a manager (who had come back after time off).
    It turns out he hadn't been told all of the details. After a quick look at the bike and discussion he agreed the fault was not my doing, apologised for the service and offered a choice of solutions, including a refund under the 90 day return policy.
    After 2 weeks of unhelpful staff members and countless phone calls, its good to find a fair and knowledgeable guy.

    So I'm sure there are lots of decent Evans' employees mixed in with the bad ones, it's just a shame that the company has turned into a bike 'supermarket'. The customer relations department causes more complaints than it solves.

    Thanks for the help and opinions, I'll definitely take your advice when buying in the future.
  • Excellent. Often happens with companies that once you get through to the correct person, it all works out fine