Very upset

Harold47

Hello everyone, I'm new here, really need some advice please.
My son had a new bike early June. Forks broke and needed returning to shop but as I purchased it online I had to return through mail. Firstly I accepted what they were offering as a replacement even though the decals were a different colour. Yesterday I was informed that they had been fitted to another bike and showed signs of this so I asked for them to collect the entire bike and refund it. It was nearly £400. They have said no. They will not refund it. I don't want the bike to look rotten.

mattyfez

I'd say your within your rights, a second hand mis matching fork is not a satisfactory repair.
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#repair-or-replace

If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.

You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:

the cost of the repair or replacement is disproportionate to the value of the goods or digital content
a repair or replacement is impossible
a repair or replacement would cause you significant inconvenience
the repair would take an unreasonably long amount of time.

If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.

If you don't want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.

fenix

Just because a fork has been on another bike shouldnt be problem in itself. Ok it will be marked - but just as marked as when fitted to your bike.

Decals being a different colour ? Depending on how they look I could live with that. Maybe ask for a discount for accepting them ? You can always get stickers made or taken off ?

poah

what shop is this. I would certainly point out the information above so long as you've not fitted them. They should be responsible for the postage. If you used a credit card then you also have some come back with them as well

Harold47

Thanks so much for all your replies. I contacted the shop but they just keep saying they will not refund me. They pointed out that I initially accepted the forks they offered but I said that was BEFORE they informed me that they were showing signs of fitting to the other bike and the paintwork was marked. I also pointed out that I was disabled and finding this highly stressful.

Harold47

It's HE JAMES CYCLES and yes I paid by credit card.

trivial_poursuivant

What is the bike? There have been a lot of recalls on defective forks on a few brands recently.

Harold47

It's a gt aggressor expert 2017. It's bright.

reformedfatty

What has being disabled got to do with being upset over the mismatched decal colour of the forks?

I think you should reasonably expect the colours to match what you paid for, but throwing in a "I'm disabled" card adds nothing to your argument.

trivial_poursuivant

Harold47 wrote:

It's a gt aggressor expert 2017. It's bright.

There is a recall notice on that bike anyway for another thing

http://www.gtbicycles.com/usa_en/recalls/

kajjal

I would assume the distance selling regulation comes into play. If you were in the shop, they showed you the replacement forks and you said they were OK then that is really your problem. They offered a reasonable solution and you accepted it.

If they posted them out to you without you having seen them then it is hard to argue you accepted them under any circumstances. You should receive the exact same forks if available in as new condition.

Harold47

No, I wasn't telling you that I am disabled, zI was explaining to you that I had told the shop that I was disabled and finding this whole saga very stressful what with the seemingly never ending emails. I have visual problems and use my phone. I have not seen the forks nor ever been to the shop. It's their mail order department Im dealing with anyway. They advised me that it would be different coloured decals and would have 100 mm travel as opposed to 80 mm which was the original. I accepted this but then they sent another mail and told me that they had been fitted to another bike and showed signs of this. They also sent me pictures of this so then I said I wanted a refund. Why send me pictures then refuse to accept my refusal?

cougie

The new forks have more travel. I'm sure your son would appreciate that more than any possible mismatch in the colour.

Have you asked him what he wants ?

andcp

Harold47 wrote:

It's HE JAMES CYCLES and yes I paid by credit card.

Do you mean J E James?

jamski

Do you know the make and model of the forks they're proposing to replace them with?

russyh

So they have supplied a pair of forks that have been fitted previously to another bike? They could still be new forks? They just removed a set from a display bike no? You have already stated you accepted the travel and decals difference? Like others I'm still not sure why you being disabled makes any difference to your level of 'distress' to be honest it sounds like you are using this to leverage a different outcome. Otherwise I'm not sure why you would of mentioned it.

I'm not siding with the shop in anyway, but the whole facts have not been furnished here. Your son has had use of the bike since June, basically having nearly 3 months use? The forks broke, the shop replaced them with what appears to be an exdisplay or previously fitted item, now you want a full refUnd??? I think the shop have completely kept their side of the bargain here unless you are telling us that the Forks they supplied are used (as in been hammered up and down the trail)

Harold47

Not at all, I MERELY mentioned to the shop and explained to them WHY I was finding this so stressful. However, my son's actually only had use of the bike for a few weeks because Halfords made a mess of building it and this situation has been on going for weeks too. Yes I meant JE James. So you are saying that I should accept the forks?

cooldad

What actually broke? Now Halfords is on the scene as well.

fenix

So you bought it mail order and then got Halfords to build it and somehow they messed it up ?

When I buy bikes mail order its the work of 2 mins and one allen key to get it up and working.....

What did they have to do to the bike ? Is it possible they broke it ?

andcp

cooldad wrote:

What actually broke? Now Halfords is on the scene as well.

This. Harold, we haven't got the full picture - what did break? was it Halfords who broke the forks? Are J E James actually going beyond their obligations by providing replacement forks free of charge? More information required. Also, is there a local bike shop nearby, an independent, not a Halfords? can you ask them for an opinion?

Harold47

The problem was that the derailleur snapped but that was dealt with so I don't feel the need to further discuss that. This bike has been the cause of so much hassle for me
My son has had the whole summer break without a bike and that makes for a very grumpy 13 year old. You don't have a full history of the bike as it's not relevant to this. I started this thread as I wanted advice on the forks, different shop and different problem. I have bought Specialized bikes for other family members and the only problems I ever had with them was theft, I just can't believe the hassle I'm getting with this one. Personally I am not a bike rider, I just read reviews and look for a nice looking bike which is why I feel so upset with this business, I did accept the forks they offered even though they were a different colour but when they sent me pictures of damaged paintwork I said no because I'd accepted forks that were different but then to accept different forks and damaged paintwork was a bit too much given the cost and age of the bike.

fenix

Rear mechs do break - but its usually rider error.

If I was your 13yo I'd just be happy to have the bike even if the forks are mismatched. Longer travel - what's not to like ?

andcp

OK, so lets concentrate on the issue at hand - what failed on the forks? why did they break?

cycleclinic

It really depends on tha nature of the failure. Maybe the failure is not strictly a warranty but misuse in which case you cant resonably reject what they have offered if it free. If the failure has been accepted as a proper warranty then supplying a new replacement may not even be possible as it depends on the availability. Your forks that broke were not new so a used working replacement may actually be reasonable.

For example brooks wont give you a new saddle in the even of a warranty but a recondtioned/repaired saddle. your broken warranty saddle was a used one so replacing with a used reconditioned saddle is legal and in brooks eye reasonable. others may disagree but dont blame the retailer they are caught in the middle. I have lost out of this before with brook. the laws governing b2b sales are different to consumer law governing retails says. this means the obligations of the supplier are different to the retailer. On a £400 bike there is not the margin to do much beyond what is reasonable and legal. the latter is more important possibly in this case. People may not like this but the fact remains this is the reality.

So in short it does depend on the nature of the failure and sayiong it broke without being able to give the condition of the fork when it "broke" the nature of the failure wether it has been accepted as a full warranty leaves us all in the dark.

Given what we know the retailer may be withing there rights to refuse the full refund as the bike is used it is no longer new. A full refund is possible on receipt of the bike or after if it is unridden within 14 days or after it is ridden if it is defective and cannot fixed. For faults that occur some time after purchase then normal warranty proceedures apply and warranty replacement may not be an exact match for what came with the bike. This is the problem with warranties with OEM parts. In such cases then what is offered is subject to negociation between the retailer and the customer.

If it has been ridden and rear mech has ended up in spokes due to misuse or improper maintainence then the retailer is well within there rights to refuse a refund.

Harold47

Something happened with the derailliirs and Halfords but that was dealt with. This is about the forks.
I bought what looked a beautiful strong bike that had good reviews and then when the forks broke they were returned to the shop and examined by them. They offered me a replacent which I initially accepted THEN they emailed me and explained that they had been fitted on another bike and showed signs of this. The paintwork was damaged. So I refused them as I had gone as far as accepting different coloured forks on a near as new bike but was not going as far as to accept them with damaged paintwork. This is all I wanted to know please because this is going on and on.

andcp

Andcp wrote:

OK, so lets concentrate on the issue at hand - what failed on the forks? why did they break?

I'll try again - what failed on the forks? why did they break?

MrSim1

should have used a local independent bike shop rather than Halfords!
better service all round and I find with the likes of Halfords etc. that they don't have the experience as an independent mechanic.
hope you get it sorted soon nothing worse than a headache ehhh!

cooldad

If you read the thread, seller was JE James, not Halfords.

larkim

Would it be helpful to get specific about this. What is the bike? What is the colour scheme? What specific model of forks were damaged, and what specific model of forks were proposed as the replacement? How much paintwork damage is there on the proposed new forks? How long have you had the bike?

It could be that the 100mm forks being offered are in fact a significant increase OR decrease in specification, irrespective of the paintwork.

If its a bike for a 13 year old, I'd not hold out too much hope that the paintwork on the bike or its new / old forks will last in a pristine way for too long.

If JE James are doing the replacement as a favour (rather than because they believe they are obliged to do it under the terms of their warranties or consumer protection legislation) they may consider what they are doing as quite generous. If they have said however that the failure on the forks is a genuine obligation on their part to rectify (because of consumer protection laws or their warranty with you from when you bought it) then they should be at a minimum be matching the specification and colour of the original forks; that's what you'd be entitled to in that situation.

Harold47

I'm very sorry I seem to have posted twice today as I thought my first had been lost.
I think I'm looking at this wrongly. The bike is hi viz yellow and the replacement fork will have orange decals with wrinkled paintwork and markings from being fitted to another bike. The bike has had very little use and looked lovely but maybe I'm just being a fusspot. Is the 20mm extra travel a good thing?

Harold47

I'm very sorry I seem to have posted twice today as I thought my first had been lost.
I think I'm looking at this wrongly. The bike is hi viz yellow and the replacement fork will have orange decals with wrinkled paintwork and markings from being fitted to another bike. The bike has had very little use and looked lovely but maybe I'm just being a fusspot. Is the 20mm extra travel a good thing?