Distance selling and returns - can i just send bike back

jessie_t
jessie_t Posts: 2
edited March 2014 in Workshop
Hi,
I got a bike from online retailer in Feb. The first bike that was sent out had a chip in the paint work (it has a carbon frame) so asked to send it back. Told that structurally the bike was fine but was given the option for credit or new bike. Got the bike last thursday. Cycled the bike into work and was at lights and the crank arm was feeling loose. I did not apply any pressure on the pedal and the crank arm fell off after about 25 yards. I only got to inspect the crank this evening (not crank arm) and there is a hole in the crank.

Anyhow, yesterday when email the response was to send back the crank arm and they would inspect and see if under warranty. Also, that before each cycle the bike should be inspected (check that nuts and bolts all nice and tight) but the bike is only to be used for commuting. The last comment worried me that if they decide not to fix the bike. Just seeking advice if the bike should be sent back under distance selling and save the hassle.

Any advice / similar experience?

The bike was great BTW and want to just have this bike working fine

Comments

  • sungod
    sungod Posts: 17,355
    tbh if you're not happy/confident that it's ok, send it back and look elsewhere

    it's all very well for them to say check the bike before each ride, but you've got a reasonable expectation that it'll be supplied in safe condition, a loose crank arm is not safe, you could've had a serious accident

    the "only to be used for commuting" comment suggests it's been built with very low cost parts that'll last ok with casual use, but may not last too long with heavy use

    i remember noticing something like this on decathlon's site when i was checking options for someone who was looking for a cheap bike

    depends on where you are, but if there's a decent shop dealing in secondhand bikes within range, there might be much better value to be had there
    my bike - faster than god's and twice as shiny
  • majormantra
    majormantra Posts: 2,094
    jessie_t wrote:
    I only got to inspect the crank this evening (not crank arm) and there is a hole in the crank.

    I don't follow. Pic?

    But if the crank fell off, the bike has been built badly.

    If you like the bike otherwise, my suggestion would be to ask the shop to pay for a safety check (and parts if something is damaged) at a local bike shop (~£20), so you don't have to return the bike. If they refuse, insist on a full refund.
  • rolf_f
    rolf_f Posts: 16,015
    sungod wrote:
    the "only to be used for commuting" comment suggests it's been built with very low cost parts that'll last ok with casual use, but may not last too long with heavy use

    Neither you nor the shop is making much sense here! I suspect most commuters do more mileage than most purely recreational cyclists and in worse conditions. Casual use is not commuting - heavy use is.
    Faster than a tent.......
  • jibberjim
    jibberjim Posts: 2,810
    You bought it in feb, you cannot just send it back under the distance selling regulations, it's nearly april...
    Jibbering Sports Stuff: http://jibbering.com/sports/
  • sungod
    sungod Posts: 17,355
    Rolf F wrote:
    sungod wrote:
    the "only to be used for commuting" comment suggests it's been built with very low cost parts that'll last ok with casual use, but may not last too long with heavy use

    Neither you nor the shop is making much sense here! I suspect most commuters do more mileage than most purely recreational cyclists and in worse conditions. Casual use is not commuting - heavy use is.

    it makes perfect sense, the majority of people i know have a relatively short commute, especially vs. a road cyclist, we're on the road forum, context is everything

    you simply elected to choose a different context and make an obnoxious remark

    if you want to argue with the shop, so ahead, it's decathlon
    my bike - faster than god's and twice as shiny
  • rolf_f
    rolf_f Posts: 16,015
    sungod wrote:
    Rolf F wrote:
    sungod wrote:
    the "only to be used for commuting" comment suggests it's been built with very low cost parts that'll last ok with casual use, but may not last too long with heavy use

    Neither you nor the shop is making much sense here! I suspect most commuters do more mileage than most purely recreational cyclists and in worse conditions. Casual use is not commuting - heavy use is.

    it makes perfect sense, the majority of people i know have a relatively short commute, especially vs. a road cyclist, we're on the road forum, context is everything

    you simply elected to choose a different context and make an obnoxious remark

    Ahhh, right. The majority of people you know do a short commute so that means we all do short commutes then does it? I must be imagining the 100 miles of commuting I do a week. Last year I rode 12000 miles and more than half of those were commute miles. Plenty ride far more than me both on commutes and at the weekend. The point is, commuting isn't casual use. Going to the shops occasionally or having a ride around the park is casual use.

    As for different context - what has that got to do with anything? Decathlon don't know (or care) if the OP posts in Bikeradars Road forum or if he posts in the Commuting forum. See, you're doing it again. Not making any sense!
    Faster than a tent.......
  • mattv
    mattv Posts: 992
    If you buy a bike from a shop, you get a free check around 6 weeks from when you buy it. One of the parts often that need to be re tightened by this point. If this works loose in 6 weeks, it doesn't mean it wasn't adequately tightened from New. People sadly forget the extra stuff you get when buying from a local shop. If this has happened, I would suggest you also take it to a shop for a service. This would have been free if bought from them, and is how online companies save money to be cheaper.
  • majormantra
    majormantra Posts: 2,094
    If the crank falls off, then it most certainly does mean something wasn't adequately tightened. The '6 week service' is just a quick gear/brake adjustment after the cable outers have bedded in.
  • bikaholic
    bikaholic Posts: 350
    OP, you come across as being a newbie to bikes in general.

    Cranks and crank arms are one and the same thing.

    Simple common sense tells me that pressure was put onto the crank to cause it to fall off (unless you are one legged, that is), and it is usually the non drive side crank that does fall off - you should have been advised to expect things to come loose on a newly built bike, as often, they do before a bedding-in period of about about 3 weeks is reached.

    The retailer gave good advice about the pre-ride check before every ride. This is simple common sense and as part of your personal responsibility, be incorporated into your normal routine, especially if you leave your bike unattended for any amount of time.

    For "commuting" purposes is another way of saying "not covered for competition racing" as some bike warranties include this in their terms and conditions, but not a lot of people read them.
  • mattv
    mattv Posts: 992
    I disagree, majormantra. Even on high end bikes (£3000+) there is often plenty of wheel trueing, hub bearing adjustment, crank bolt tightening, headset adjustment and many other things not just gears and brakes. Any shop not checking crank bolts in a free check is risking lots of come back.
  • I think you can reject the bike and claim a full refund. If the original bike was returned as it was damaged - then you would still have 7 days after receipt of the replacement to accept the bike.- this is under the distance selling regs - as this is the point at which the order has been fulfilled. Since this replacement bike has failed in such a short time you can't do that as the goods are no longer re-saleable. However, you can reject the goods regardless of the distance selling law. This is under the sale of goods act, and it is your choice whether to reject the goods or have a repair as the failure was within such a short time, and not caused by accident or misuse. It is not reasonable for the retailer to expect you to check the torque setting of every nut and bolt upon receipt of the bike. The crank should not have come loose, and it is not your responsibility to check it. It is the retailers responsibility to ensure that the goods sold are safe to use i.e. fit for purpose. Yes some assembly may be required upon receipt of an item such as a bike, as that is the only way they can be boxed and posted, and assembly instructions should be provided for this purpose. It is also generally accepted that after a short period of use the cycle is inspected for parts that might need adjusting. But the idea that you are wholly responsible for checking the bike when you take possession is incorrect.
  • majormantra
    majormantra Posts: 2,094
    mattv wrote:
    I disagree, majormantra. Even on high end bikes (£3000+) there is often plenty of wheel trueing, hub bearing adjustment, crank bolt tightening, headset adjustment and many other things not just gears and brakes. Any shop not checking crank bolts in a free check is risking lots of come back.

    I would expect a shop to check those things too, to cover all bases. But that doesn't change the fact that if a crank falls off, it wasn't installed correctly in the first place. (Or far less likely, it's faulty.)
  • cycleclinic
    cycleclinic Posts: 6,865
    With mail order bikes the retailer will not take it out of the box un pack it check everything and repack and send it out. The Genesis bike I stock often need alot of work to get right and thats for display - wheel truing, uneven spoke tension, hub adjustment, brake pads are not fitted right, indexing all over the place, handlebars and stem not attahced, front brake needs fitting e.t.c. If I were mail ordering one it simply would not be worth all the effort as repacking back into the box is not that simple as the boxes are small. I personally think if you buy a bike online you need to be able to check everything over and but this should be clearly stated at purchase as the bike is sold in a state of partial assembly. In fact I would say don't buy bikes online! If you can't check over buy from a shop who will assemble and check everything. It may cost a bit more initally but it may cost you less overall.

    Agreed the crank was not installed properly at the factory. you can argue that the on line retailer should check but this does not happen in reality (as practically it make the sale of bikes online not viable)- next time buy from a shop.

    A check over before every ride is something everyone should do. The OP did not if you had the problem would have been spotted. It is a bit like going for a drive and never checking your fuel/oil/water/tyre pressures/lights how do you know otherwise everthing is O.K. I don't check this as often as I should either but I do check my bike over quite regularly.
    http://www.thecycleclinic.co.uk -wheel building and other stuff.