Consumer Rights / Customer Service

General cycling advice ( NOT technical ! )
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fossala
Posts: 1220
Joined: 21 May 2013, 8:29am

Re: Consumer Rights / Customer Service

Postby fossala » 31 Jan 2019, 7:47pm

Witterings wrote:
fossala wrote
I honestly can't see how you installed it, put a light on and still didn't realize it was loose.
.

It wasn't lose it felt secure, if it had of been lose I probably would have investigated a bit further and maybe discovered there was a potential problem.

I'll take you at your word but I really can't see how it felt secure without the bolt being done up. Maybe the tolerances on mine are different to yours.

Although saying that, it's the bolt where you adjust the tilt. How did you set it up level without touching the bolt?

Witterings
Posts: 363
Joined: 8 Jun 2018, 10:17am
Location: Chichester, West Sussex

Re: Consumer Rights / Customer Service

Postby Witterings » 31 Jan 2019, 10:25pm

fossala wrote:
Witterings wrote:
fossala wrote
I honestly can't see how you installed it, put a light on and still didn't realize it was loose.
.

It wasn't lose it felt secure, if it had of been lose I probably would have investigated a bit further and maybe discovered there was a potential problem.

I'll take you at your word but I really can't see how it felt secure without the bolt being done up. Maybe the tolerances on mine are different to yours.

Although saying that, it's the bolt where you adjust the tilt. How did you set it up level without touching the bolt?


You don't need to touch the bolt at all to change the angle ???????

When it came the "tilt" was set solid and locked in place with the slider ... to adjust the tilt angle I just pushed the slider to the side which then freed it up so the "barrel" swivels around the bolt and you could tilt it up and down and when you had it at the angle you want just pushed the slider back across to lock it in the new position??

Maybe you didn't read the instructions and find out how the slider works ????? :) :)

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fossala
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Joined: 21 May 2013, 8:29am

Re: Consumer Rights / Customer Service

Postby fossala » 1 Feb 2019, 8:29am

Just had a look and you're right. Saying that I just undid my bolt a little and it all became wobbly so I'm still under the impression it won't keep stable unless it is done up in the first place.

mmcnay
Posts: 29
Joined: 15 Aug 2017, 10:10am

Re: Consumer Rights / Customer Service

Postby mmcnay » 1 Feb 2019, 8:50pm

Witterings asked - mmcnay ... you mention your experience ... was it with the same company???

Not the same company, mine was a military type place that sold camping equipment. Maybe the guy was too busy preparing for the end times, shining up his rifle and counting his tins of spam. But I doubt it, he just ignored me and knew I wouldn't push for the sake of £1.50.

I was thinking of buying one of those military type modular sleeping bags from the guy, but he's lost that sale.

Witterings
Posts: 363
Joined: 8 Jun 2018, 10:17am
Location: Chichester, West Sussex

Re: Consumer Rights / Customer Service

Postby Witterings » 2 Feb 2019, 1:14am

fossala wrote:Just had a look and you're right. Saying that I just undid my bolt a little and it all became wobbly so I'm still under the impression it won't keep stable unless it is done up in the first place.


And as you've discovered ... you don't need to touch the bolt and the instructions don't tell you to check I don't think it's unreasonable to believe it should come out of the factory tightened to a degree it doesn't need checking ... more to the point though I thought it was fixed and didn't have any reason to think otherwise hence why I didn't even think about it.

Anyway ... the shop manager's taking good care of it with exemplary customer service skills whilst the owner's on holiday who I'm sure will be really pleased to see how it's been handled in his absence and the good will his managers bought on his business whilst he's away.

Capstone55
Posts: 3
Joined: 21 Jul 2015, 3:23pm

Re: Consumer Rights / Customer Service

Postby Capstone55 » 2 Feb 2019, 9:48am

Just to clear up some confusion, the Sale of Goods Act was replaced by the Consumer Protection Act in 2015. This gives you the right to return the goods or have a refund if they are not fit for purpose. Your claim is definitely against the retailer, not the manufacturer. It is arguable that a bolt falling off on the first ride is a design fault and therefore the goods are not fit for purpose.

However, if the retailer disagrees and you can't persuade them otherwise, then your only course of action is to take them to the small claims court. This is relatively easy to do but you will have to pay a small fee upfront (£25 [online] if the light cost less than £300) which may exceed the cost of the light itself. You may be able to claim this back if you win the case. You can start the claim off by using Money Claim Online.

thirdcrank
Posts: 28682
Joined: 9 Jan 2007, 2:44pm

Re: Consumer Rights / Customer Service

Postby thirdcrank » 2 Feb 2019, 10:08am

This seems like a good summary of your rights, but I can't see any proportionate way of getting the money back in your case
https://www.which.co.uk/consumer-rights ... egulations

I can't see the instructions for this item online, which seems odd bearing in mind there seem to be downloads for most of their stuff.

fastpedaller
Posts: 2140
Joined: 10 Jul 2014, 1:12pm
Location: Norfolk

Re: Consumer Rights / Customer Service

Postby fastpedaller » 2 Feb 2019, 10:43am

Witterings wrote:
Anyway ... the shop manager's taking good care of it with exemplary customer service skills whilst the owner's on holiday who I'm sure will be really pleased to see how it's been handled in his absence and the good will his managers bought on his business whilst he's away.


He'll be sacked when the Owner returns then! :lol:

1066enthalpies1939
Posts: 42
Joined: 16 Jul 2018, 10:33pm

Re: Consumer Rights / Customer Service

Postby 1066enthalpies1939 » 2 Feb 2019, 12:36pm

Witterings wrote:The part comes as a complete assembled unit as per the picture here
https://www.cateye.com/intl/products/parts/5446510/ .....
all you need to do is attach it to the saddle rails as per the instructions.

I have used one these without issue . I would suggest you secure the services of a competent cycle mechanic in future.

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Sum
Posts: 165
Joined: 17 Jul 2010, 9:13am

Re: Consumer Rights / Customer Service

Postby Sum » 2 Feb 2019, 1:54pm

Capstone55 wrote:Just to clear up some confusion, the Sale of Goods Act was replaced by the Consumer Protection Act in 2015. This gives you the right to return the goods or have a refund if they are not fit for purpose. Your claim is definitely against the retailer, not the manufacturer. It is arguable that a bolt falling off on the first ride is a design fault and therefore the goods are not fit for purpose.

However, if the retailer disagrees and you can't persuade them otherwise, then your only course of action is to take them to the small claims court. This is relatively easy to do but you will have to pay a small fee upfront (£25 [online] if the light cost less than £300) which may exceed the cost of the light itself. You may be able to claim this back if you win the case. You can start the claim off by using Money Claim Online.

If the OP used a credit card or a debit card to purchase the light bracket then they could also speak to the card provider to see if they are willing to refund under the Chargeback scheme. If they are then that might prompt the retailer to post the replacement part rather than lose the entire sale.

thirdcrank
Posts: 28682
Joined: 9 Jan 2007, 2:44pm

Re: Consumer Rights / Customer Service

Postby thirdcrank » 2 Feb 2019, 3:14pm

Re claiming from the plastic
To claim under Section 75 of the Consumer Credit Act, the item or service you bought must have cost over £100 and not more than £30,000.

https://www.which.co.uk/consumer-rights ... goes-wrong

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Sum
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Joined: 17 Jul 2010, 9:13am

Re: Consumer Rights / Customer Service

Postby Sum » 2 Feb 2019, 5:55pm

This is the applicable bit from from TC's link:-
When you can use chargeback

If the item or service you've bought was under £100, you may still be covered by chargeback.

Chargeback is not enshrined in law like Section 75, but it is part of what is known as Scheme Rules, which participating banks subscribe to.

It applies to all debit cards, although exact rules may vary between the Visa, Maestro and American Express networks.

Chargeback also applies to credit cards and is particularly useful where Section 75 is not applicable – for goods costing less than £100, for instance.

thirdcrank
Posts: 28682
Joined: 9 Jan 2007, 2:44pm

Re: Consumer Rights / Customer Service

Postby thirdcrank » 2 Feb 2019, 10:17pm

AIUI, chargeback is an administrative way of getting all or part of your money back from the payee if they "fail to deliver." (My words.) It doesn't cover other costs. And from the Which link:-

... you can't claim back the cost of fixing a faulty item.


I don't claim to be any sort of expert but I'm not clear how it works to resolve a dispute over the cost of delivering the replacement. Perhaps the obvious course is to give it a try.

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Sum
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Joined: 17 Jul 2010, 9:13am

Re: Consumer Rights / Customer Service

Postby Sum » 3 Feb 2019, 8:31am

My understanding is that Chargeback will cover faulty items and the card provider will refund the purchase amount if the claim is successful. Obviously in the OP's case this all depends on the Chargeback option being available and whether the card provider agrees with the OP's assessment that the item was faulty on delivery, but if faced with the possibility of losing the entire sale then the retailer may decide to simply send the replacement part to the OP.

I've used Chargeback a couple of times and on both occasions all it took was a phone call to my card provider to find out if I had a fair chance of making a successful claim. In one case, when I was dealing with a recalcitrant retailer after being sent a faulty item, the card provider agreed I had a fair claim but suggested I should contact the retailer one more time and give them another opportunity to resolve the matter, which the retailer promptly did.

Mares
Posts: 8
Joined: 20 Dec 2017, 9:42pm

Re: Consumer Rights / Customer Service

Postby Mares » 9 Feb 2019, 10:48am

Hi,

I recently had a similar issue with Pedal Revolution.

Here is what Citizens Advice told me.

How quick do I have to return a faulty item?

You have the right to reject your item and get a refund within 30 days of possessing the goods.
You could also ask the retailer to repair or replace your item within six months of purchase.


It is written in the Consumer Rights Act so the shop has no argument at all.

If you still have questions, ring Citizens Advice. They're very good.