New bike damaged in transit, advice required.

bendertherobot

Bar Shaker wrote:

I only ever sign as "unchecked" or I check the goods.

Some years ago, my brother was clamped in Bristol, by a private clamper. As part of his tools, he had a petrol disc cutter in his car... which he used to cut through the clamp chain. The next day, he returned the lot to the clampers office with a courier style delivery ticket. The girl on the desk signed as 'received in good condition'.

He later used this signed note in his defence against a Police prosecution for criminal damage and a small claims court claim for the cost of the clamp. He won both cases.

Be VERY careful what you sign for.

In the case above, I do not agree that a court would automatically find for the buyer. Rightly or wrongly, his actions were not normal for someone who had received a bike that was obviously and visibly damaged in transit. This is completely different to the bent rear mech case, which would only be apparent on physical checking of the full function range of that part.

None of that stops me wishing the OP good luck with his claim. It looks like he will need it.

Not normal? They're perfectly normal. If you think Parcelforce will wait to let you inspect parcels your in cloud cuckoo land.

The point is this. You claimed he didn't have a legal leg to stand on. That's rubbish. You cannot contract out of your statutory or common law rights by signing them away.

The presence or absence of a signature is merely that the goods have been received, nothing more or less. Who the Court would believe EVIDENTIALLY is different. But then that point is relevant in every case.

In your brother's case that's interesting. If he gave evidence that he cut through the clamp he should have been convicted. Did he admit to doing so?

rolf_f

bendertherobot wrote:

Bar Shaker wrote:

I only ever sign as "unchecked" or I check the goods.

Some years ago, my brother was clamped in Bristol, by a private clamper. As part of his tools, he had a petrol disc cutter in his car... which he used to cut through the clamp chain. The next day, he returned the lot to the clampers office with a courier style delivery ticket. The girl on the desk signed as 'received in good condition'.

He later used this signed note in his defence against a Police prosecution for criminal damage and a small claims court claim for the cost of the clamp. He won both cases.

Be VERY careful what you sign for.

In the case above, I do not agree that a court would automatically find for the buyer. Rightly or wrongly, his actions were not normal for someone who had received a bike that was obviously and visibly damaged in transit. This is completely different to the bent rear mech case, which would only be apparent on physical checking of the full function range of that part.

None of that stops me wishing the OP good luck with his claim. It looks like he will need it.

Not normal? They're perfectly normal. If you think Parcelforce will wait to let you inspect parcels your in cloud cuckoo land.

The point is this. You claimed he didn't have a legal leg to stand on. That's rubbish. You cannot contract out of your statutory or common law rights by signing them away.

The presence or absence of a signature is merely that the goods have been received, nothing more or less. Who the Court would believe EVIDENTIALLY is different. But then that point is relevant in every case.

In your brother's case that's interesting. If he gave evidence that he cut through the clamp he should have been convicted. Did he admit to doing so?

And surely nobody is disputing that the packaging wasn't taken away unopened so nobody can claim that the OP did check the contents.

diy

You are only signing for the package and it makes no difference to your statutory rights irrelevant of what they say in any terms.

damocles10

Pickled Pig wrote:

Assuming you contacted the seller within 7 days of receiving the bike, you are covered by the distance seller regs which, simplified, means the seller has to prove the item was not damaged when you received it -something which will be very difficult as they used a 3rd party courier.
Do not get involved with Parcelforce- that is the seller's responsibility.
If you do not want the damaged bike inform the seller that you are rejecting it as faulty, that they must arrange and pay for it's collection, and if you are not refunded in full including any delivery costs within 30 days you will report the matter to trading standards and initiate a charge back (if you paid by card).
That is the law. IME it is better not to get involved in negotiations outside of this unless the seller offers an alternative solution such as a discount - best not to ask for this as it muddies the waters.
Edit: Even if you do not want to return the bike it is best to start this process ASAP so you have a strong negotiating position.

There is sometimes a clause for items to be unused for returns - does assembly classify as used? Just wondering.

I personally would not have liked to receive a reply like that from the company.

markhewitt1978

diy wrote:

You are only signing for the package and it makes no difference to your statutory rights irrelevant of what they say in any terms.

Companies try that one on all the time. I read a case on a consumer forum where someone had bought a TV and several of the pixels on the screen were faulty. The retailer tried to dispute it saying that you should have unpacked, set up, and tested the TV before you signed for it - obviously nonsense!

markhewitt1978

damocles10 wrote:

There is sometimes a clause for items to be unused for returns - does assembly classify as used? Just wondering.

I personally would not have liked to receive a reply like that from the company.

The DSR does not require the items to be unused, or in their original packaging, or in any sort of resaleable condition. There is a caveat that the items are only used so much as to ascertain their usefulness, but clearly in the OPs case he hasn't even ridden the bike.

The only way the DSR can be overridden is if the item is customised in some way, and then only the custom portion is non-returnable, again this doesn't apply to the OP.

damocles10

That's good to know.

foggymike

Update from OP?

ScreaminWargasm

markhewitt1978 wrote:

Bar Shaker wrote:

If the package was signed for as 'received in good condition' then the buyer doesn't have a legal leg to stand on.

Retailers often try this one on, however it's complete nonsense. You sign to say you have received the package, that's all, nothing else. It's not reasonably practical to unpack and inspect the goods at the depot or if delivered to your door before signing.

As said upthread the OP is best rejecting under the Distance Selling Regulations, he has 7 days to quote these and return - Notably you do not have to give a reason to return under these and it's probably better if you don't. The DSR don't care if the item is damaged, the retailer *must* refund.

Completely agree with this. No way would I buy a new bike and just except damaged goods. Reject the item and get it collected/replaced ASAP.
For the people out there saying "It'll get chipped anyway or stick a sticker over it".......how ridiculous!!!
That's like spending 20 grand on a new car with a dent in it and saying "It'll polish out or well it's bound to get a few knocks over the years".

I had a bike frame sent to me last year that had scratches to the paint. I contacted the shop and they offered me a replacement or full refund and collection.

Don't get fobbed off by there poor customer service.

Also, please name this company so I can avoid them at all cost!

topdude

For the people out there saying "It'll get chipped anyway or stick a sticker over it".......how ridiculous!!!

What you say is of course correct, but there are some complications with this tale.
Damaged box, brake not attached, paint damage not noticed, OP started building it up etc, etc :?

Personally i would not be happy with damaged paint either but i would be weighing up the options of fix it myself or fight for a replacement.

Those of us who said "just touch it up" are simply offering the easiest least hassle alternative so the OP can build it up and go out and ride :?

ScreaminWargasm

Very odd that the OP hasn't come back with an update :?

markhewitt1978

ScreaminWargasm wrote:

Very odd that the OP hasn't come back with an update :?

Standard for internet forums, people come on and ask for advice. Then get the matter resolved and don't come back.

Speckled

Parcel forcre strike again

I had to return a damaged bike 2 weeks ago because the frame was damaged, luckily for me the shop accepted the return and refunded the money no problem, but it was a a lot of hassle and i wont do it again.

In my case part of the problem was the packing, the bike came with the wheels on fully assembled (handlebar twisted) and in the biggest box you've ever seen. It was pretty much a use once only box and the cardboard was way too thin. Add that with a delivery service who employ morans its asking for trouble.

I'll never buy a bike online again, with the exception of canyon, as their compact packaging was really really good

Mikey23

Never had a damaged bike from my LBS...

upperoilcan

Mikey23 wrote:

Never had a damaged bike from my LBS...

Problem is people want discounts,which are widely available on the tinternet but more often than not the local LBS just has no room to match these discounts.

It's all horses for courses,either pay the going rate and pick the bike up or make a saving and take your chances.

But if ordering online never sign for anything until you have given the goods the once over.

spankwilder

upperoilcan wrote:

Mikey23 wrote:

Never had a damaged bike from my LBS...

Problem is people want discounts,which are widely available on the tinternet but more often than not the local LBS just has no room to match these discounts.

It's all horses for courses,either pay the going rate and pick the bike up or make a saving and take your chances.

But if ordering online never sign for anything until you have given the goods the once over.

Our local bike shop generally matches the good internet sites for us, we do give him all of our business though and have been going there for years. i guess if you just walk in and demand discount they sod you off as not worth the effort.

The guy that started this post has had to wait to receive the bike, write a letter, waited to receive a letter, wrote back to the retailer as the letter wasn't what he wanted to hear, probably waited in again while the bike was collected and is now sat waiting for a refund or another bike. A decent relationship with his local store, he probably could have the shop service at internet price