Legal question about bike return

[Quasievil]

Consumer guarantees act is to protect consumers for bad/ faulty product.

It does not cover the buyers ability to use it to their needs etc, that is thier own decision to make...

Yeah ,did I say the opposite daaaahhhh

[MadDuck]

Thanks for your responses guys.

I guess I am basically asking if there is a legal cooling off period that you can return a vehicle under if you pay cash?

[Patch]

Thanks for your responses guys.

I guess I am basically asking if there is a legal cooling off period that you can return a vehicle under if you pay cash?

if you didn't write the clause into the contract then no, is what I understand. Same thing applies if you buy privately.

You only have a case if they misrepresented the goods or you felt intimidated/under duress to complete the sale.


I see your dilema as moral not legal (based on the current info). The shops actions reflect their attitude to customer service.

If you feel hard done by, why give them further business, if they will not help you. Take the new bike back, you have every right too (unless you signed something relevant to the sale of it, small print etc etc) and sell it elsewhere, either privately or another shop.


A shame really, as this might be an expensive lesson, either time/effort/lawyer to void the sale vs. re-sale difference. Either way rock and a hard place comes to mind.

[Winston001]

Thanks for your responses guys.

I guess I am basically asking if there is a legal cooling off period that you can return a vehicle under if you pay cash?

No.

The only exception I can think of is the Door To Door Sales Act 1967.

Your only argument is that you were told the bike was suitable for your purposes. And its a hard argument to sustain and prove.

It sounds like you bought the bike, are disappointed, and changed your mind. That's a pity but the law cannot protect us from that. Sometimes we just make the wrong choice. The shops offer doesn't seem unreasonable but if you persist, they might give up and refund.

[MSTRS:Me]

Just tell them that you know 14,807 potential customers and you will be telling them all about....

[pritch]

Refused to take it back and refund my trade in and the cash.
But has allowed me to take my bike back and will give me the cash when they sell the other one.

It's understandable that you aren't happy however the shop is not being unfair.
If you can get them to move though all to the good. Have they got another bike you could live with?

Just hope they don't go belly up before they sell the bike...


Might pay to avoid that salesman in future though. Anytime you aren't 100% comfortable - walk away. You can always go back later when you do feel right.

[MoNk]

Can't you find something else you like at the shop?

This might be more attractive to the shop than just giving the bike back and taking your money. They still make a sale this way.

[GOPSTER]

You should of noticed the weight during the test ride and not been sucked into the deal. Here are a few things that may help

1)Under the consumer guarantees act
Guarantees as to fitness for particular purpose (goods must be fit for the particular purpose that the consumer made clear to supplier and the supplier said that it was – supplier claim)
If you stated the types of riding you do and were told the bike would be suitable.

2)If you feel mislead or decieved by what you were told you may be covered by the fair trading act.

[popa griffin]

I always was under the impresion you had 7 days to return the product in the same condition that you got it in, if you wernt happy, no matter what the reason.

[Renegade]

my thoughts were was their another bike in the shop you like?

[ajturbo]

bugger matey...

what was wrong with the old bike???

not fast enough???

wellington bike shops wouldn't have done that.. would they???

[R1madness]

Maybe so, but that is not what a reputable bike shop would do.

Name and shame time. edit: and don't worry about using a professional manner. You have every right to feel very strongly about that, so let them have it.

Steve

Not fair Steve. The shop owner may well have tried to disuade the owner from that particular bike and pointed the purchaser in the direction of something more suitable. But its the buyers choice.

Did you ride the bike before purchasing it? If so you must have convinced yourself you could handle it. If not well........ thats a big mistake. The dealer is well within his rights to refuse to do anything but since they have given your trade back and offered to resell the bike and refund the money on sale they are being very fair. Remember it was your mistake not theirs.

Good on that shop for offering to help you out.

[R1madness]

I always was under the impresion you had 7 days to return the product in the same condition that you got it in, if you wernt happy, no matter what the reason.

a common misconseption. And sooooo not true.

[scumdog]

I always was under the impresion you had 7 days to return the product in the same condition that you got it in, if you wernt happy, no matter what the reason.

Sadly 'under the impression' of a lot of things has got a lot of people into a pickle.
Facts, not impressions are what's needed.

[YellowDog]

I am suprised by the attitude of the bike shop. Everyone knows that a bike shop is porno on 2 wheels and that getting seduced is the easiest thing in the world.

I have heard of many situations where the bike shop has taken 'buyers remorse' bikes back to help them put right the seduction; though they have usually sold them something else.

I would say that this is a sign of the present hard times being faced by all traders and as they have done a lot of work to prepare the bike for the seller, I would suggest you should offer them something for their inconvenienvce. e.g. Swap bikes back less $300 cash for their inconvenience OR something similar.

The other option of course is to attend a 'Street Skills' class to learn how to effortlessly handle the extra 30Kg

I am also thinking that there may well be another reason for wanting to return the bike and the extra 30Kg is just an excuse?

Did anyone say what the bike in question is?

Good luck