Faulty Bike From CRC...Theyre refusing to accept return

somtam

Good evening.
Can anyone offer me some help as I don't know where I stand here.

Bought a Vitus bike at the end of April from Chain Reaction Cycles and didn't use it for 3 weeks due to recovering from a slipped disc but on my first ride (actually before I got to the end of my road) there was a very loud clunk clunk from the bottom bracket and lots of squeaking elsewhere which Ive found it hard to pinpoint.

um still within 30 days but Chain reaction Cycles have refused to accept the return because its been used. I can't accept this as it would be impossible to determine most faults on a bike without actually using it.
Sub standard bike and not fit for purpose in my eyes.
I can appeal to my bank for a charge back as I paid via credit card but wondering what other options there might be available to me?
I don't wish to nor think I should be getting it repaired as their customer service has shown should the bike have any further faults within a reasonable amount of time they won't offer any assistance whatsoever.
Thank you

ballysmate

There are two courses of action available. Direct contact with the merchant or claiming back via your credit card. You have tried option one...

slowmart

Apart from the noise is there anything wrong physically wrong with the bike?

somtam

Slowmart when you say physically wrong with the bike?
I believe the bottom crank bearings needs replacing so that is failure to supply a bike in fully working condition.
The noise is intolerable

webboo

If it’s not fit for purpose then threaten them with taking out a claim in the small claims court for a breach of your consumer rights. Contact trading standards for advice.

thistle_

If you like the bike and want to keep it, ask them to cover the cost of a repair?
If it's just the bearings it's maybe £20 parts plus half an hour labour.

reaperactual

A bb shouldn't be making those noises within weeks, used or not and C.R.C. know that too.

'They' should agree to a warranty repair and as a mail order bike should allow you to get it fixed at an lbs of your choosing and pay the bill.

A new bb isn't a difficult job, would only take half an hour to do so won't be expensive and all will likely be sorted afterwards.

EDIT: Like @Webboo says as a customer you have consumer rights so look into it and push C.R.C. for a refund/return if that is the way you want to proceed. I'm pretty sure 'they' will listen if you implement a credit card charge back.

ballysmate

webboo said:

If it’s not fit for purpose then threaten them with taking out a claim in the small claims court for a breach of your consumer rights. Contact trading standards for advice.

Lots of steps before you get to small claims court. If you don't follow the procedure and explore all other means of resolution, your claim gets rejected.

First.Aspect

https://www.gov.uk/accepting-returns-and-giving-refunds#:~:text=Online, mail and phone order sales&text=You must offer a refund,of receiving the goods back.

This is pretty clear. They will need to show that you "accepted" an item (there are two criteria for this) or prove that the item was not faulty when they sent it to you. The burden of proof lies with CRC, not you.

If they can't prove that it wasn't faulty, and if they can show you "accepted" the item, they can offer to repair it. If, after that repair, you can still give it back.

They may be arguing that using it has "altered" the item. Based on your email, riding a short distance would not cause damage and is the only way you could possibly have verified whether or not it is okay.

Whatever you do, you need a written chain of correspondence. And I do think you will need to involve your credit card company I'm afraid.

First.Aspect

https://www.chainreactioncycles.com/customer-service/returning-an-item

Again, this seems pretty clear. No T&Cs can erode your statutory rights, and the CRC terms confirm this. They also say they are not obliged to accept a return if a product is in an "unsatisfactory condition". If they are arguing that any use whatsoever in this context places an item in an unsatisfactory condition, they will struggle. Really, they should take the return, inspect it and then tell you that it is in an unsatisfactory condition. Otherwise, it would give them an opportunity to refuse a great many valid returns. (I would say their terms wrt GPS devices and some garments already do this).

But ALL of these exclusions do not apply in the case of a faulty item.

Basically, CRC are breaking (a) the law and (b) their own T&Cs.*

*On the face of it.

reaperactual

I don't do social media so don't know what you could gain from it but I hear from friends a poke or tweet, whatever it is, can be effective?

Maybe it could promt a response as these companies don't like this kind of situation to be seen on a public platform? 🤔

loltoride

I could be wrong but I thought the retailer just have to offer to repair item or replace not refund after 14 days.

First.Aspect

loltoride said:

I could be wrong but I thought the retailer just have to offer to repair item or replace not refund after 14 days.

Well there's a contract in place that says otherwise.

loltoride

First.Aspect said:

loltoride said:

I could be wrong but I thought the retailer just have to offer to repair item or replace not refund after 14 days.

Well there's a contract in place that says otherwise.

Awesome he should no problem once all resolved.

DeVlaeminck

My worry about a repair would be is there something wrong with the bottom bracket shell itself - maybe I watched too many Hambini videos but we know that not all manufacturers use the kind of tolerances required by some modern press fit bottom brackets.

slowmart

first step is to leave a online review of your experience

Email CRC stating your surprise and disappointment of their position which is in conflict of their own terms and conditions and your statutory rights while stating your intention to escalate the matter with trading standards and your credit card company.

While the small claims court is effective you’ll need to exhaust all other avenues first but this won’t end up there.

Credit card companies dislike s.75 and charge backs so their position will align with yours and CRC won’t have anywhere to go which makes you think why they took this position in the first place. Cock ups happen though so best wishes on a speedy and satisfactory outcome for the OP

MattFalle

CRC may well be doing the standard 3 stage return/refund/compo trick used by everyone from airlines to book retailers.

1. Say sorry, nothing they can do

2. %age refund, gift vouchers

3. We'll sort it out, send it back

Designed to wear ypu down as by 2 most people give up....

just carry on hounding them, go through c/c to hound them.

they have so many good reviews one bad one won't make any difference and, tbh, with firms as big as wiggle, crc, merlin, who actually reads the reviews? after all, one man's meat is another man's poison...

First.Aspect

Yeah I'd agree with that. I don't think publicly slagging them off is a good move to be honest.

Step 1 at this stage is to set out your understanding of CRCs position, point out their T&C's, and the law etc., in writing rather than for example on the phone.

Do so as a formal complaint. Include as much factual evidence as you can.

Set a reasonable period for reply, say 10 working days. If no reply, elevate to your credit card company.

somtam

I would like to thank you all for your advice
I spoke to Trading standards and my Bank yesterday and they gave me some very good advice and Trading standards are taking my case over.
Much appreciated for all your help