Legal question about bike return

[MadDuck]

I was talked into buying a larger bike that I found over two days was fit for the purpose I bought it. It was physically large and around 30kgs heaver than I can handle.
I returned the bike on the 2nd working day after I took it home. The bike shop refused to uphold a right of return and allowed me to take my trade in bike home, and sell the other bike on my behalf then give me the monetary difference.

I would like to know what the legalities are in regards to the right of return with a vehicle and if the bike shop is breaking a law by not upholding it.
Also how do I address this professional manner.

[Fatjim]

Just cause its 30kg too heavy doesn't make it "not fit for purpose". The consumer act doesn't give you the right to return a bike because it doesn't fit.

Your stuck, based on what you've said.

[CookMySock]

Your stuck, based on what you've said.

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

[MadDuck]

Just cause its 30kg too heavy doesn't make it "not fit for purpose".

Oops...there was one word too many in there when I typed this up.

[98tls]

PM the likes of FROSTY,as a dealer he will know whats what,pretty sure you have the law on your side but he will know.

[Fatjim]

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

Don't be a dork. Of course its what any bike shop would consider doing unless there really are exceptional circumstances. The best he can hope for normally is to trade the new bike on something on the floor.

Fortunately, the only prat that needs "naming and shaming" has done that already in this thread.

[McDuck]

In all honesty didnt you test ride the bike first? If not and they talked you into the purchase than i would be wanting cash back but if you test rode it, said 'its fine' AFTER YOU TESTED IT, with the purpose of the test to make sure it is fit for you to ride? I know i wouldnt buy i bike that i could not take for a 200km+ test ride becuase i ama tall bugger and some bikes just dont fit.

I dont see how this is any different.

[skidMark]

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

It's not time to name and shame when the company may be in the right...

can't expect good service "cos they are a bike shop"

they have a business to run.

[Quasievil]

if its on finance isnt there a 7 day cooling off period where by you can reverse the transaction if you wish to?
dunno just a thought.

Consumer guarantees act mmmmmmmmmmmm well its fit for purpose just not you, it would be a tricky one, i mean they dont have to take it back because you changed your mind about it.

I think that they should simply take it back and forget it, but I dont think they are obliged to unless you can prove this right of return in writing, or can demonstrate that it formed but of the contract by way of written word or verbal.

Good luck mate

[skidMark]

if its on finance isnt there a 7 day cooling off period where by you can reverse the transaction if you wish to?
dunno just a thought.

Consumer guarantees act mmmmmmmmmmmm well its fit for purpose just not you, it would be a tricky one, i mean they dont have to take it back because you changed your mind about it.

I think that they should simply take it back and forget it, but I dont think they are obliged to unless you can prove this right of return in writing, or can demonstrate that it formed but of the contract by way of written word or verbal.

Good luck mate

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...

[MadDuck]

Yes it was taken for a test ride, yes I did tell the salesman that I was concerned abaot the weight. He is an experinced salesman and kept the conversation focused on a sale. I told him that I did not think it would be suitable in all situations that I take my bike, he continued with his sales pitch.

The test ride did not include all situations that I would commonly find myself in with my bike.

The bike is not on finance it was paid with my trade in and cash.

[Winston001]

I was talked into buying a larger bike that I found over two days was fit for the purpose I bought it. It was physically large and around 30kgs heaver than I can handle.
I returned the bike on the 2nd working day after I took it home. The bike shop refused to uphold a right of return and allowed me to take my trade in bike home, and sell the other bike on my behalf then give me the monetary difference.

I would like to know what the legalities are in regards to the right of return with a vehicle and if the bike shop is breaking a law by not upholding it.
Also how do I address this professional manner.

Ok a genuine and no doubt heart-felt question. BUT as written it doesn't make sense. You can edit and should. At the moment you are saying the bike is fit for the purpose, and the bike shop is doing two contrary things: refusing, and allowing.

We can read between the lines and understand the question, but its worth reading through before you post.

Anyway your point is that you were "talked into buying a larger bike". In other words the salesman represented to you that the bike was right for you, and would be fit for your purpose. Thats a breach of the Fair Trading Act and probably the Consumer Guarantees Act so you have an argument on your side.

All very well - the shop will doubtless disagree and proving you were talked into an inappropriate machine is your word against theirs. Your only option to enforce your rights is the Disputes Tribunal or the District Court.

The quicker way would be to keep on at the shop, argue calmly and don't bend. Get support, quiet determination will often wear others down.

Or, accept the decision was yours and live with it. Nothing wrong with taking responsibility on your own shoulders.

[MadDuck]

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.

[AllanB]

Or, accept the decision was yours and live with it. Nothing wrong with taking responsibility on your own shoulders.

Pretty much what I was thinking.....at the end of the day no matter how heavy handed they may have been, you signed for it, even though you had your doubts. With me the more heavy handed a sales person is the less chance I'll stay interested!

The new bike buying process should be all good and one should be filling their panties with excitement over their new purchase, not wondering if it is suitable........that's when you walk away and come back in a couple of days to reassess the situation.

I agree it's not a 'KB name and shame' situation You need to have a serious sit down with the shop manager and the sales agent to see if you can work out a suitable result.

Or put the bike up on KB as a $50 per ticket draw.........

Whats the bike?

[AllanB]

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.

That's a result then