Legal question about bike return

[Madness]

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

That could take a year.

Maybe if you ditched some of the tassles?, might reduce some of the 30kg?.

[McJim]

This is why I hate buying big ticket items from shops. I will always try trademe and classifieds first. Some of us don't enjoy hard sells or haggling - apparently we are supposed to deal with it and adapt - apparently it's OUR OWN FAULT if we are nice pleasant amiable people.

I remember when I was buying a car I wanted a Holden Commodore - went to Moyes. The sell was so hard I walked out while the guy was still talking-his manager came out to try and stop me walking out the door - I warned him I would keep walking and if he was still in my way then it was his hospital bill.

I then bought a Ford Falcon later that day.

I hate hard sells.

[YellowDog]

This is why I hate buying big ticket items from shops. I will always try trademe and classifieds first. Some of us don't enjoy hard sells or haggling - apparently we are supposed to deal with it and adapt - apparently it's OUR OWN FAULT if we are nice pleasant amiable people.

I remember when I was buying a car I wanted a Holden Commodore - went to Moyes. The sell was so hard I walked out while the guy was still talking-his manager came out to try and stop me walking out the door - I warned him I would keep walking and if he was still in my way then it was his hospital bill.

I then bought a Ford Falcon later that day.

I hate hard sells.

Look on the bright side: At least it wasn't a Kirby vaccuum cleaner!

[McJim]

Look on the bright side: At least it wasn't a Kirby vaccuum cleaner!

Their sales team is now selling HRV...we had the whole HRV & DVS thing going on a couple of years ago. The one who said "If you accept the offer today we'll give you an x% discount" was told "If you can afford to sell product with that discount today then you are being dishonest on other days. This also smacks of pressure and I have invitied you into my house. This means you have insulted my hospitality. I hope you enjoy the combination of sex and travel coz I am now about to tell you to F**k off."

I used to sell fitted kitchens. I got more sales, repeat business and referrals than anyone else because I listened and did not pressurise customers.

[Tank]

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...

That (like most of the stuff you type) is just wrong - they goods must fit you - eg:

"It must be fit for all purposes it might commonly be used for, have an acceptable appearance and be safe and durable. For example, if it is a chair, it must take your weight."

[Tank]

Only one option.

Try your luck at the Motor Vehicle Disputes Tribunal - it cost $50.

At the very least you may make it hard enough for them so they take the easy way and make a deal with you.

Here are all the details for you:


Motor Vehicle Disputes Tribunal
The MVDT is run by the Department of Courts. There is a $50 fee for taking a claim to the MVDT. The hearings are in private and you can't be represented by a lawyer - although you can consult a lawyer before the hearing.

There are time limits for going to the MVDT so make sure you take action as soon as possible.

The MVDT will ask the dealer to discuss the problem with you. If the problem isn't resolved to your satisfaction, the Tribunal will set a date for a hearing.

The MVDT can hear claims up to $50,000 (or more if both the parties agree).

The MVDT can order remedies available under the Consumer Guarantees Act, Fair Trading Act, or the Sale of Goods Act.

For example, under the Consumer Guarantees Act you may be able to claim a refund, or require the dealer to meet the cost of repairs. Where there has been a breach of the Fair Trading Act, you may be able to claim for any resulting loss of value.

To contact the Motor Vehicle Disputes Tribunal:

Ring them on 0800 367 6838
or write to them at PO Box 6848, Wellesley Street, Auckland.

[Tank]

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

As usual - DB you go off on the wrong 'crazy rant' path - Naming and Shaming does nothing to help resolve the issue. Staff could work here and it would make life harder for the OP.

Try (Just for once) to engage your brain before offering piss poor advice.

[Tank]

another option could be the Fair trading act.

"The car-yard trader must not mislead or deceive you, or make false representations about the vehicle."

So if they said it was OK for size - but you can 'prove' that it isnt (statements from other bike shops / riding instructor) you may be able to fight it thru there.

[YellowDog]

Good advice Tank, but I would hope that, before doing this, going back to the shop and speaking with the owner (hopefully not the same guy as the salesman) to get them to voluntarily do something closer to being acceptable would save a great deal of inconvenience and expense.

[Tank]

Good advice Tank, but I would hope that, before doing this, going back to the shop and speaking with the owner (hopefully not the same guy as the salesman) to get them to voluntarily do something closer to being acceptable would save a great deal of inconvenience and expense.

Sorry - you make a extremely good / important point. One would hope that he had already done this - its ALWAYS the first thing that should be done.

[ynot slow]

Have to say,speak to owner or head guy if owner not there,and ask to speak to both when suitable.Was in retail for 25yrs selling furniture,same thing,folks buy a bed don't like it after 2 days,we take it back and give another,obviously didn't happen much,but a happy customer etc.Similar with lounge suites,they like the colour,so my first question if it is a large couch, is can you get it in the doors,no sense buying a suite if only 2 chairs can fit inside lol,and no I never had problems,others did and it would piss the boss off,usually a discounted thing he bought a year before in a crappy colour.Comes down to listening to customers wants,same as I hate hard sell,I never told customers what to buy.

[White trash]

Sorry - you make a extremely good / important point. One would hope that he had already done this - its ALWAYS the first thing that should be done.

I'm sure she has. Lol.

I've sold Harleys for a living, they're the easiest thing in the world to sell, literally. And the repeat/word of mouth business is quite simply mind boggling. It's a piss poor salesman who's resorted to these tatics because, quite frankly, if his name gets out amongst the HD buying brigade, he wont be selling many any longer.

[MadDuck]

I would just like to make it known that it is not in relation to my Harley as I know I have posted on here where I bought it from and have absolutley NO problem.

Sorry should have made it clear it is with regards a sprot bike purchase. Why do I need both - hmmm well just you lot never mind

Thanks for some very good advice and suggestions with the situation

[Katman]

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

they have a business to run.

You should be able to expect good service from any business.

If a business thinks only of "having a business to run" at the expensive of providing good service then they shouldn't expect to be in business for long.

[Beemer]

When I bought my first bike I had only completed the basic handling skills course and didn't even have a learner's licence so wasn't in any fit state to take it for a test ride. Bought a new bike from a salesman at a well respected dealership. Bike was jammed in with all the others and he didn't even wheel it out for me to sit on (I know, bad way to buy a bike, but I had no one around to help at that stage and it looked cool!) and it was delivered to me. No one even showed me how to start it when it was delivered and I had assumed the kill switch was an electric start button... guess what, it wasn't!

Sat on it and discovered I could only reach the ground with my tippy-toes. Tried riding the bike and fell off quickly. Visited the shop I bought it from and the salesman had moved on already and the owner was very unsympathetic - told me there were some people who shouldn't be on bikes... I can't remember who it was there who offered to drop the forks and make the seat lower, but this was done and I think I paid about $125 for this work. Instantly the bike was rideable for me and I gained heaps of confidence and kept that bike for about four years.

But I didn't buy my next two bikes from that same dealer, despite the fact they do have some great staff.

However, if you test rode the bike and kept it for two days, then I think this is a harder one to call. I hadn't even sat on the bike and I think the guy was just interested in making a sale, not in offering service.