BIke purchase and Refund : Can I change my mind?

General cycling advice ( NOT technical ! )
MeS59
Posts: 3
Joined: 16 Dec 2020, 11:46am

BIke purchase and Refund : Can I change my mind?

Postby MeS59 » 16 Dec 2020, 12:07pm

My sister recently bought a bike from a local shop. She paid it in full but left the bike in the shop as she was in the process of moving flat. 3 days later she realised she wouldn't be able to move and she asked the shop to cancel her order (she paid in full).
The shop refunded the money straight away but mentioned they actually lost 2 sales: my sister's and the customer who came after my sister's transaction and was told the bike was sold.
What does the law say in this situation? I am sorry for my sister but also for the shop owner!
Thank you for any comment.

Nigel
Posts: 282
Joined: 25 Feb 2007, 6:29pm

Re: Can I change my mind?

Postby Nigel » 16 Dec 2020, 12:22pm

The shop was generous in refunding. They were not obliged to do so under any laws.

Use that shop, they sound like they act in the customer's interest.

Psamathe
Posts: 12190
Joined: 10 Jan 2014, 8:56pm

Re: BIke purchase and Refund : Can I change my mind?

Postby Psamathe » 16 Dec 2020, 12:27pm

From many reports I've read the pandemic has caused bike sales to rocket with a shortage of choice. So whilst the shop may have "lost 2 sales" they may not have to wait too long to sell it.

Ian

thirdcrank
Posts: 30805
Joined: 9 Jan 2007, 2:44pm

Re: Can I change my mind?

Postby thirdcrank » 16 Dec 2020, 12:44pm

Nigel wrote:The shop was generous in refunding. They were not obliged to do so under any laws.

Use that shop, they sound like they act in the customer's interest.


I think the only proviso here is if the shop has any policy of allowing customers to return stuff beyond their statutory rights. Perhaps the best example of that is how things used to be at M&S who used to have a policy of allowing customers to return stuff without a time limit. I suppose that began in the days when they had no changing rooms. We know several career M&S sales staff who had tales of returned clothing being so old it was no longer traceable in the stock listings. They had to cut that right back.

The point is that when you buy something in a shop you enter into a contract governed by the law and any extra lawful terms offered or agreed by the retailer. If there's an offer that you can return it that's binding. Obviously, if it's only an oral offer, you would have to prove it but that's a different matter.

There are other rights if you get something home and it turns out to be dodgy, but none of them cover simply changing your mind as in this case.

leftpoole
Posts: 1171
Joined: 12 Feb 2007, 9:31am
Location: Thornbury, South Gloucestershire.
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Re: BIke purchase and Refund : Can I change my mind?

Postby leftpoole » 16 Dec 2020, 1:00pm

VERY kind shop owner!

MeS59
Posts: 3
Joined: 16 Dec 2020, 11:46am

Re: BIke purchase and Refund : Can I change my mind?

Postby MeS59 » 16 Dec 2020, 1:10pm

Thank you to everyone who replied. I thought that he was very kind as well . I will tell my sister off now. :D

peetee
Posts: 2868
Joined: 4 May 2010, 10:20pm
Location: Cornwall

Re: BIke purchase and Refund : Can I change my mind?

Postby peetee » 16 Dec 2020, 2:06pm

Very understanding of the shop but their claim to have lost two sales was a bit rich. You can sell one bike to two customers but you won’t double your money.
Winter had arrived in the land of Kernow. Along with it came wet roads and cool winds.
“Oh, my wheels and coupling rods!” Peetee exclaimed.

fastpedaller
Posts: 2775
Joined: 10 Jul 2014, 1:12pm
Location: Norfolk

Re: BIke purchase and Refund : Can I change my mind?

Postby fastpedaller » 16 Dec 2020, 2:33pm

peetee wrote:Very understanding of the shop but their claim to have lost two sales was a bit rich. You can sell one bike to two customers but you won’t double your money.

But if he hasn't got the other customer's details he's lost a sale (and possibly repeat work from that customer). I'd think I'd just give him a £20 tip for his understanding.

Psamathe
Posts: 12190
Joined: 10 Jan 2014, 8:56pm

Re: BIke purchase and Refund : Can I change my mind?

Postby Psamathe » 16 Dec 2020, 2:48pm

fastpedaller wrote:
peetee wrote:Very understanding of the shop but their claim to have lost two sales was a bit rich. You can sell one bike to two customers but you won’t double your money.

But if he hasn't got the other customer's details he's lost a sale (and possibly repeat work from that customer). I'd think I'd just give him a £20 tip for his understanding.

Unless he is one of the many bike shops reporting that they can sell more bikes than they can get during pandemic times.

Ian

MeS59
Posts: 3
Joined: 16 Dec 2020, 11:46am

Re: BIke purchase and Refund : Can I change my mind?

Postby MeS59 » 16 Dec 2020, 3:51pm

No idea what the shop claims. All in all I think he was kind and very honest to explain to my sister his situation, although he did eventually refund everything. I really hope he will be able to sell the bike.

GeekDadZoid
Posts: 106
Joined: 21 Aug 2020, 7:01pm
Location: Stockport

Re: Can I change my mind?

Postby GeekDadZoid » 16 Dec 2020, 4:51pm

thirdcrank wrote:
Nigel wrote:The shop was generous in refunding. They were not obliged to do so under any laws.

Use that shop, they sound like they act in the customer's interest.


I think the only proviso here is if the shop has any policy of allowing customers to return stuff beyond their statutory rights. Perhaps the best example of that is how things used to be at M&S who used to have a policy of allowing customers to return stuff without a time limit. I suppose that began in the days when they had no changing rooms. We know several career M&S sales staff who had tales of returned clothing being so old it was no longer traceable in the stock listings. They had to cut that right back.

The point is that when you buy something in a shop you enter into a contract governed by the law and any extra lawful terms offered or agreed by the retailer. If there's an offer that you can return it that's binding. Obviously, if it's only an oral offer, you would have to prove it but that's a different matter.

There are other rights if you get something home and it turns out to be dodgy, but none of them cover simply changing your mind as in this case.


I know someone who tool a belt back to M&S last year complaining that it had cracked and fallen apart, a manager was called as he didn't have a receipt nor was it current stock, the manager noticed the branding was St Michael which M&S haven't used since 1999! They gave him a new belt though.

deeferdonk
Posts: 18
Joined: 11 May 2019, 2:50pm

Re: BIke purchase and Refund : Can I change my mind?

Postby deeferdonk » 18 Dec 2020, 9:57am

if you buy online its maybe more straightforward as you are covered by distance selling regulations for a short period of time - although the retailer may make you pay for postage if the item is not faulty