New bike with wrong part - persuasion techniques

daniel_b
daniel_b Posts: 11,502
edited November 2015 in Commuting chat
Guys,

sourced a new winter bike, and the seatpost as per the spec is for a full carbon seatpost of 350mm length.

The one I have been supplied with is an alloy 300mm one - not just the wrong material, but due to the shorter length I can't safely ride it, as I will be beyond the minimum 90mm insertion.

Not having a go at the retailer, as they are still 'investigating' but am prepared for them to come back and try and fob me off somehow.

But as their website states carbon, as does the manufacturers website, I imagine they do not have a leg to stand on.

if they do try and fob me off, should I mention the trade descriptions act...?
And if they blame the manufacturer as they seem likely to do, that's not really my issue is it, as presumably they should be checking they are receiving what they are paying for, just as I have done.

I have found the part I need for sale for £69.99, and have offered to buy it, send them the receipt and they refund me, or for them to simply credit me the amount up front - unless they can source it direct and in good time.

What is frustrating is that I can't ride the bloody bike!

It's 25.4mm, so nothing I own has the same diameter seatpost :(
Felt F70 05 (Turbo)
Marin Palisades Trail 91 and 06
Scott CR1 SL 12
Cannondale Synapse Adventure 15 & 16 Di2
Scott Foil 18

Comments

  • dhope
    dhope Posts: 6,699
    You bought it from Evans right? I'd be surprised if they try and fob you off. They'll be obliged to provide the bike as specified.

    You bought from Evans though so just deal with them and let them argue with the manufacturer if they want. I suppose they could RMA it and get a new part sent out that way which could take a while :(

    I don't think you'll be able to demand it fixed immediately, but it'll certainly get fixed.
    Can they just give you a seatpost from the parts bin while they're investigating so you can at least ride it?
    Rose Xeon CW Disc
    CAAD12 Disc
    Condor Tempo
  • daniel_b
    daniel_b Posts: 11,502
    You bought it from Evans right? I'd be surprised if they try and fob you off. They'll be obliged to provide the bike as specified.

    You bought from Evans though so just deal with them and let them argue with the manufacturer if they want. I suppose they could RMA it and get a new part sent out that way which could take a while :(

    I don't think you'll be able to demand it fixed immediately, but it'll certainly get fixed.
    Can they just give you a seatpost from the parts bin while they're investigating so you can at least ride it?

    Yep that's right.

    Fingers crossed they can sort something out, feel a bit frustrated at the mo tbh - first contact yesterday after I mailed over the weekend, so no complaint with that - only discovered the seatpost issue on Saturday.

    I'll give them until the end of the week and hope they come up with the goods one way or another.
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • veronese68
    veronese68 Posts: 27,187
    Is there anything in the small print saying specs may change or similar? Even if it does I would think they will replace it as good will and to avoid bad press.
  • imatfaal
    imatfaal Posts: 2,716
    Within 30 days and with the bike not matching description I would not hesitate to reject the bicycle and ask them to come and collect it. The pertinent act is the Consumer Rights Act 2015 - it seems like a slam dunk failure of the goods to be as described (section 11) which leads to a short term right to reject (section 20) at their expense (section 20 (8)) If you paid on credit card you can also mention that once you reject the bicycle you will immediately ask your credit card provider to reverse the charge.

    Once all this is explained and in the mix I would ask Evans to make a decision on whether they will bring the bike upto at least (if not better than) the described situation or you will reject. The timescale for their actions is "reasonable" and "without significant inconvenience" - for an off-the-peg bicycle (which I am sure their website is still showing as "for immediate dispatch" - if it is take a screenshot) then I would argue this is the end of the week.

    Big Point - my dealings with Evans have been remarkably good; so I would give them the chance to do the right thing before getting all "IANAL but..."
  • imatfaal
    imatfaal Posts: 2,716
    Is there anything in the small print saying specs may change or similar? Even if it does I would think they will replace it as good will and to avoid bad press.

    That might apply to shades of the paint job or grey ultegra vs black ultegra (and possibly not even these examples thinking of, say, Colnago paint jobs) - but anything meaningful is taken to be implied into the contract and would need express and explicit agreement to be changed.
  • daniel_b
    daniel_b Posts: 11,502
    Thanks all, very helpful replies there.

    There is nothing on the Evans website to say the spec might change, but it does mention this on the Cannondale website - though I would have thought that would cover a like for like replacement, not a cheaper component whilst keeping the price the same.

    Pleased to hear others have had good results with Evans customer service before - fingers crossed I get the same outcome.

    I could indeed reject the bike, but I nabbed the last 54, and there is only 56's I think left in stock.

    I have however taken screenshots of the spec page showing the seatpost specified on there as Carbon, thought that was prudent.

    I'll update on here with what they come back with if anyone is interested.
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • imatfaal
    imatfaal Posts: 2,716
    ...
    I'll update on here with what they come back with if anyone is interested.

    Do so please - always interested.

    Remember time is on their side not yours; the longer that passes the fewer your automatic rights - they know this and will place you on back-burner deliberately in the hope you will lose interest. Additionally - do you have a link to the advert/webpage with description.
  • daniel_b
    daniel_b Posts: 11,502
    ...
    I'll update on here with what they come back with if anyone is interested.

    Do so please - always interested.

    Remember time is on their side not yours; the longer that passes the fewer your automatic rights - they know this and will place you on back-burner deliberately in the hope you will lose interest. Additionally - do you have a link to the advert/webpage with description.

    Sure thing - hoping they will just do the right thing, not like I am trying to pull a fast one and after a part that wasn't meant to be there.

    http://www.evanscycles.com/products/cannondale/synapse-adventure-disc-2015-road-bike-ec071025#features

    The 2016 model does have an alloy seatpost specced, but is also cheaper.
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • veronese68
    veronese68 Posts: 27,187
    Is there anything in the small print saying specs may change or similar? Even if it does I would think they will replace it as good will and to avoid bad press.

    That might apply to shades of the paint job or grey ultegra vs black ultegra (and possibly not even these examples thinking of, say, Colnago paint jobs) - but anything meaningful is taken to be implied into the contract and would need express and explicit agreement to be changed.
    I was thinking I should have written somebody that knows more than me will be along shortly. :lol:
    I too have had good experience from Evans customer service so I tend to think they'll do the right thing.
  • I ordered a rack from Evans online and price matched.it. when it came the fittings were loose in the plain packaging box. Half of the fittings were missing. I emailed them then called local branch. They said they'd send a replacement fittings out. Since I wanted it that weekend I told them it's no good. They checked stock then told me I could collect on way past to a holiday we were going on. They gave me the fittings and no paperwork or waiting. Just went in got it handed to me then walked out thinking I'd got b it too easily.

    Seriously rate Kendal banch. I think they'll sort ut out for you, just give them time to get it in.
  • daniel_b
    daniel_b Posts: 11,502
    Morning all,

    had a reply from CS this morning - all good.

    One other thing I didn't mention is that there was a lot of gouging on the inside of one of the rear stays, clearly caused by the chain when it was fitted - they originally offered a £30 voucher, but have talked them up to £60.

    Additionally they have agreed it is the wrong seatpost, and offered to order one for me, but acknowledged that I want to ride the bike sooner rather than later, so have agreed I can order the one from Cannondale Spares (Which I have this second done) and they will refund me.

    So fingers crossed plain sailing from here!

    i can go and fit the Durano pluses with confidence now!

    Thanks for the advice and words of wisdon.
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • dhope
    dhope Posts: 6,699
    Good. Sort of customer service that ends up with you being more likely to go back to Evans next time, despite the initial problems.
    Rose Xeon CW Disc
    CAAD12 Disc
    Condor Tempo
  • daniel_b
    daniel_b Posts: 11,502
    Good. Sort of customer service that ends up with you being more likely to go back to Evans next time, despite the initial problems.

    Yes absolutely, and does them more good in the long run eh.

    At the end of the day it was a wrong part, and a bit of damage, but I'll now have the right part, and a bit of compensation for the damage - No one likes damage to a new expensive (well to me anyway) bike do they?

    And it was pretty painless, so yes I would return again, and I sare say if other people read this they will also look positively on it.

    These things do happen, the acid test is how these companies choose to deal with it, and in this instance I am very satisfied with the outcome and have zero complaints.
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • veronese68
    veronese68 Posts: 27,187
    These things do happen, the acid test is how these companies choose to deal with it, and in this instance I am very satisfied with the outcome and have zero complaints.
    Exactly. Thankfully more companies are beginning to realise this.
  • imatfaal
    imatfaal Posts: 2,716
    Good. Sort of customer service that ends up with you being more likely to go back to Evans next time, despite the initial problems.
    ...These things do happen, the acid test is how these companies choose to deal with it, and in this instance I am very satisfied with the outcome and have zero complaints.

    Damn - I was hoping you would sue them; would have kept the forum entertained for weeks. Seriously though - and as others have said, it is nice to see customer services performing in the manner in which they should. Every time I hear about Evans in these circumstances my opinion of them tends to increase - big and highstreet does not necessarily mean sharp-practice and bad consumer services.

    Daniel - if you have a spare moment please try to drop Evans a nice letter/email; it will mean a huge amount to the person who sorted the problem and will re-inforce in management's minds that good customer service is not only necessary but positively beneficial for them.
  • daniel_b
    daniel_b Posts: 11,502
    Good. Sort of customer service that ends up with you being more likely to go back to Evans next time, despite the initial problems.
    ...These things do happen, the acid test is how these companies choose to deal with it, and in this instance I am very satisfied with the outcome and have zero complaints.


    Daniel - if you have a spare moment please try to drop Evans a nice letter/email; it will mean a huge amount to the person who sorted the problem and will re-inforce in management's minds that good customer service is not only necessary but positively beneficial for them.

    Very good call - once I have my refund, and credit voucher will do exactly that :-)
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • daniel_b
    daniel_b Posts: 11,502
    £60 credit note received today, and rang up to get the £70 for the seatpost credited.

    The seatpost which I ordered yesterday late morning from cannondalespares.com with free postage, arrived this morning!
    Felt F70 05 (Turbo)
    Marin Palisades Trail 91 and 06
    Scott CR1 SL 12
    Cannondale Synapse Adventure 15 & 16 Di2
    Scott Foil 18
  • luv2ride
    luv2ride Posts: 2,367
    £60 credit note received today, and rang up to get the £70 for the seatpost credited.

    The seatpost which I ordered yesterday late morning from cannondalespares.com with free postage, arrived this morning!

    Glad to hear it's sorted. Best get that letter off to Evans then when it's fresh in the mind. Imatfaal is quite right, acknowledging their good customer service will help make sure they keep the bar high, and probably make the day of the person who sorted it. My experiences of Evans have also been positive when things have gone awry (normally down to clothing defects, so manufacturer issues really). They've always been very pleasant to deal with too (Bristol branch)
    Titus Silk Road Ti rigid 29er - Scott Solace 10 disc - Kinesis Crosslight Pro6 disc - Scott CR1 SL - Pinnacle Arkose X 650b - Pinnacle Arkose singlespeed - Specialized Singlecross...& an Ernie Ball Musicman Stingray 4 string...