Consumer rights

right so as usual I don't want people getting judgy on my post..... Jus an answer or opinion will help!!!! Right bought a bike, to cycle to work! Shop assistant told me it would be one for cycling to work. Asked if maybe I should get a lighter one I saw and he told me it wouldn't hold as well in the wind! So I bought it! Cycled it to training and it's like trying to cycle a piano! I know I used the bike but how else am I to know it's crap, and going off the assistants help you would think I would be alrite!!!! I have it four days and wanna send it rolling back in the doors it came out of!!
Can I!??!!!

Stheno

Not because you've changed your mind, no.

whomitconcerns

So whats wrong with the bike? What type of bike? How much we talking about?

Your post seems to say its not fast enough so its a crap bike? :P

MarkAnthony

Much like selecting a wife, did you not ride it round the block a few times first to see if it was any good?

Haha it's not cause it's not fast it's cause it's not at all what I need!!! Am not a big bike person so I'd be an amateur when it comes to buying, but the bike I was sold is not good for the road!!!!! Even tho he said it would be!!!!! I understand the shops rights..... Worked in retail years..... But is their not a thing where something sold must be fit for purpose!?
The thing is I had an old bike, rusty and old so I thought I could upgrade to make my journeys smoother..... But I feel like reverting back to the old rust after the struggle with this one!

Stheno

murraychrisg wrote: »

Haha it's not cause it's not fast it's cause it's not at all what I need!!! Am not a big bike person so I'd be an amateur when it comes to buying, but the bike I was sold is not good for the road!!!!! Even tho he said it would be!!!!! I understand the shops rights..... Worked in retail years..... But is their not a thing where something sold must be fit for purpose!?
The thing is I had an old bike, rusty and old so I thought I could upgrade to make my journeys smoother..... But I feel like reverting back to the old rust after the struggle with this one!

Whats actually wrong with it?

Stheno

Stheno wrote: »

Whats actually wrong with it?

What's wrong is the assistant recommended a bike that
suit at all!!!!

Stheno

murraychrisg wrote: »

What's wrong is the assistant recommended a bike that
suit at all!!!!

So essentially you don't like it?

MrWalsh

murraychrisg wrote: »

What's wrong is the assistant recommended a bike that
suit at all!!!!

What do you mean by "it doesnt suit"?

Can you cycle it?

Stheno

Stheno wrote: »

So essentially you don't like it?

Well if ta asked an assistant for help for something to screw a screw in a wall and he recommended a hammer, would it be essentially that you didn't like it or that it wasn't the right tool for the job!?

Stheno

murraychrisg wrote: »

Well if ta asked an assistant for help for something to screw a screw in a wall and he recommended a hammer, would it be essentially that you didn't like it or that it wasn't the right tool for the job!?

If you could actually put in plain english what is wrong that it doesn't suit you might get a bit more help

It's a bicycle, are you able to cycle it from a to b?

Stheno

Stheno wrote: »

If you could actually put in plain english what is wrong that it doesn't suit you might get a bit more help

It's a bicycle, are you able to cycle it from a to b?

Sorry I thought I was explaining myself....
Yeah course it does.... It's a bike, but I think myself that when I explained that I wanted a bike to cycle to and from work that and that I use roads, that maybe a bike that wasn't a mountain bike woul have been recommended to me! Like I said I wouldn't have much experience with bike so I'd need assistance with purchasing one, an that's what was suggested. That is my problem

MrWalsh

murraychrisg wrote: »

Sorry I thought I was explaining myself....
Yeah course it does.... It's a bike, but I think myself that when I explained that I wanted a bike to cycle to and from work that and that I use roads, that maybe a bike that wasn't a mountain bike woul have been recommended to me! Like I said I wouldn't have much experience with bike so I'd need assistance with purchasing one, an that's what was suggested. That is my problem

So whats the problem with it?

MrWalsh

MrWalsh wrote: »

So whats the problem with it?

It's too heavy and bulky for what I need it for.

godtabh

murraychrisg wrote: »

It's too heavy and bulky for what I need it for.

For cycling to work? Doubt it. What bike is it?

And I know I can't simply change my mind...... I just wonder about the "fit for purpose" rule in consumer law

MrWalsh

murraychrisg wrote: »

And I know I can't simply change my mind...... I just wonder about the "fit for purpose" rule in consumer law

But it can be cycled? So how is it not fit for purpose?

You can go back and tell them you find it too heavy (not sure what you mean by bulky tbh?).

john kinsella

Do we have to guess what type of bike it is??

godtabh

godtabh wrote: »

For cycling to work? Doubt it. What bike is it?

Like I bought a new one cause my other one was old..... I'd even settle for store credit!!!! It's a heavy frame and the thick wheels! Not the thinner ones for the road!
Like he told me about a thinner bike that it would blow everywhere in the wind?!

godtabh

murraychrisg wrote: »

And I know I can't simply change my mind...... I just wonder about the "fit for purpose" rule in consumer law

You bought a bike to cycle to work? Any new bike in a bike shop is suitable to cycle to work. End of story really

john kinsella

john kinsella wrote: »

Do we have to guess what type of bike it is??

Sorry I didn't know there were bike enthusiasts.... I thought my description would help! It's a muddyfox is all I can say at the min

godtabh

murraychrisg wrote: »

Like I bought a new one cause my other one was old..... I'd even settle for store credit!!!! It's a heavy frame and the thick wheels! Not the thinner ones for the road!
Like he told me about a thinner bike that it would blow everywhere in the wind?!

What bike is it?

Thicker tyres are more suitable for a commuter bike

inforfun

If you were as vague with describing your wished in the shop as you are now with explaining the problem i can see how things went wrong.

If you wanted something like this



But got sold something like this:



you might have something to go back with.

godtabh

murraychrisg wrote: »

Sorry I didn't know there were bike enthusiasts.... I thought my description would help! It's a muddyfox is all I can say at the min

Where did you buy it?

godtabh

godtabh wrote: »

You bought a bike to cycle to work? Any new bike in a bike shop is suitable to cycle to work. End of story really

That's a fair point but had on the suggestion he could have jus as easily sold me a bmx and said that it was perfect for what I wanted!?

godtabh

He could have and it would still be suitable for cycling to work. You asked for a bike to cycle to work and you were given one. Simple really.

muggles

Did you buy a mountain bike? At a guess I'm thinking it's actually a hybrid which are mostly what's recommended as a leisure or commuter bike.

Sounds like now you're looking for a road bike. To be honest I think the sales assistant was correct in their recommendation based on how you described your requirement. It's what was recommended to me when I went to purchase a bike but I knew I wanted to cycle 100km+ per week with a club and so insisted on getting a road bike. The difference is I had done my research, sounds like you hadn't. I can't see you have any come back from the shop here.

The good news is cycling is quite popular and bikes are in high demand these days so you've a good chance off loading it second hand. If you had gone to a local bike shop they may be prepared to do a trade in for you but based on the fact you purchased a Muddyfox I'm guessing you've gone to one of the larger retailers and so this may not be a possibility.

Jack Salmon

I disagree with most replies. i am not sure it is as simple as stated. Part of consumer law is what was said about the product

OP says
"Shop assistant told me it would be one for cycling to work. Asked if maybe I should get a lighter one I saw and he told me it wouldn't hold as well in the wind!"

So the Op questioned the salespersons suggestion and was told "..it wouldn't hold as well in the wind!"

Consumer law says "Goods must be as described - the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement. " But the sales person seems to have mislead the OP ..."..it wouldn't hold as well in the wind!"

In providing a service a "The supplier has the necessary skill to provide the service"
I am not sure if the sales person is providing a service in this instance when giving of the advice "..it wouldn't hold as well in the wind!" if so has the sales person the necessary skill.?

The op decided on a bike. the sales person suggested another one because in his view "it wouldn't hold as well in the wind!" and the OP changed on that advice and is not happy. It does not seem just like OP changing his mind.

I would be running it by the consumer advice nca dot ie I think 180 432432

MarkAnthony

I'm afraid there's quite a bit read into things there Jack. There's a general acceptance at common law that sales people engage in 'puff'. It's up to the reasonable consumer to take what's said with a pinch of salt and test the product. Skill to provide service relates to a service provider, so you'd need to be talking about a bike purchasing service in this instance.

P_1

Part of me is thinking of asking what you'd do if you bought a new pair of boots and found them tough to break in because it is a similar enough analogy.

Your old bike is like your pair of well worn in, battered cons, yes they're comfortable but they are so split your feet are drenched in a bit of drizzle. You've bought yourself a new pair of docs, yes they're going to be tougher to wear first time round.

You've only had it (not even) a wet week, get used to using it, if it's heavy going cycling, put it into a lower gear till you get used to it.

I'm sorry but I can't see any consumer right that you have to claim here.