Bought a bike that's broken. They won't issue refund

The Darkroom

Hi, I bought a an electric bike two months ago from halfords. 4 times in a few months it has cut power while riding it and won't turn back on.

In my latest visit to have the bike fixed I asked about a refund if it cant be fixed. They said that if the higher maintenance guys can't find a solution it will be a bike replacement but not a refund as the the 30 days are up.

Would this be correct? What would my rights be? I've never had this problem before.

Thanks for your help.

endacl

that’s Halfords own made up rule that has no bearing in reality, but that most of the employees will believe. Irish consumer low trumps Halfords. What did you pay for the bike? If it’s within the small claims limit, that procedure might be the quickest way to a resolution.

The Darkroom

https://www.boards.ie/discussion/comment/122195168#Comment_122195168

I paid 1350 for the bike. Is that enough? Thanks for the help.

Flinty997

Yes can't be over 2000 afaik.

geographica

yea 2 grand, small claims court as they are acting the clowns

Seth Brundle

Having dealt with Halfords and a faulty power washer, the shop (Liffey Valley) fobbed me off to a call centre which was based in the UK and those eejits were unaware of Irish law and how my purchase was covered by it and they refused to even consider this fact. In the end I went back to the shop and demanded a refund or replacement (I got a replacement)

KaneToad

They seem to be handling it ok.

https://www.citizensinformation.ie/en/consumer/consumer-laws/your-consumer-rights/#:~:text=unfair%20sales%20practices.-,If%20things%20go%20wrong,with%20digital%20content%20or%20services.

"If something you bought is faulty or does not meet the description, the seller must offer you a repair, replacement, refund or a reduction in the price."

They are offering you a repair and then a replacement if the repair doesn't solve it. They don't have to offer you a refund. A lot of bigger chains will just give refunds as their policy but they don't have to.

endacl

’as the 30 days are up’ would suggest the Halfords staff are parroting Halfords bull5hit

SVI40

The repair must be permanent. If it fails a second time with the same fault, you are then entitled to replacement or refund, but the shop chooses which.

You do not have to accept, or is it legal, for them to stipulate X amount of repairs before they replace or refund.

KaneToad

https://www.boards.ie/discussion/comment/122196243#Comment_122196243

I disagree. It's ok for Halfords to have a 30 day refund/returns policy. They only have to provide repair, replacement, refund or reduction. Not your choice of remedy.

They are offering repair & then replacement. Had it been within 30 days, their refund policy may have kicked in. This is not in conflict with your statutory rights.

Oscar_Madison

It’s good such a story is now out there - Halfords need to up their game on customer care if they want to sell electric scooters

cml387

https://www.boards.ie/discussion/comment/122196469#Comment_122196469

What are they doing wrong in this case? I am confused.

Gooser14

Read the following:

https://www.ccpc.ie/consumers/shopping/faulty-goods/

endacl

https://www.boards.ie/discussion/comment/122196450#Comment_122196450

Whether you agree or not doesn’t alter the facts of consumer protection legislation here. The consumer has the choice of repair or replacement. See the useful link posted above. Businesses such as Halfords will often have their own ‘policy’ that their staff will generally believe, being as misinformed as the average punter. What these policies amount to though, is an agreement not to push back against their responsibilities as vendors within an arbitrary time limit that they set themselves. It’s a dishonest practice and should be stamped on at every opportunity.

Ivor_Guddon

https://www.boards.ie/discussion/2058353628/bought-a-bike-thats-broken-they-wont-issue-refund

why people buy bikes in here baffles me , local bike shop would be better but as per usual people penny pinching

imho you get what you pay for

Claw Hammer

https://www.boards.ie/discussion/comment/122198228#Comment_122198228

I had a row with DID a few years ago and all I got from the staff was "we don't do this and we can't do the other". I had a store manager ring me and try to intimidate me. I had another person phone me and offer me a discount on a future purchase (he wouldn't say how much!) and so on. He e-mailled me numerous times. In the end they were ordered to pay up by the Small Claims Court. I was glad to see they lost money in the years after that. I am also happy that I contributed to that loss.

To be fair Halfords bikes are good quality at a reasonable price. I would certainly recommend their products even if not their customer service.

The Darkroom

https://www.boards.ie/discussion/comment/122198823#Comment_122198823

https://www.boards.ie/discussion/comment/122198823#Comment_122198823

How does the small claims court work? My plan is to issue them a written letter signed by me of my cancellation of my purchase of the bike, then to go to the smalls claims court and pay 25 euros. Does it always go to court? I hear that for some reason it usually always goes in the corporations or companies favour.

endacl

https://www.courts.ie/how-apply

Just make sure all your details are correct and accurate. Include all relevant info, including each opportunity you gave the shop staff to remedy the situation, and how they responded to you. It by no means always goes in the company’s favour.

Peregrinus

https://www.boards.ie/discussion/comment/122198228#Comment_122198228

I think the leaflet from the CPCC is a bit oversimplified. Under the legislation the customer can choose between the remedies of repair and replacement unless:

• One of these remedies is impossible — e.g. if the bike is damaged beyond repair, you can't insist on a repair; if the bike is no longer available in the market, you can't insist on a replacement.
• One of the remedies imposes costs that are disproportionate in the circumstances — e.g. if a repair would be quick, cheap and effective, you can't insist on a whole new bike; if a repair would cost the trader as much or more than giving the customer a new bike as a replacement, you can't insist on a repair.

For completeness, though I think it's not relevant here, if both of the remedies are impossible, or impose disproportionate costs, then the customer isn't entitled to either of them. In that circumstances the customer's only options are

• a price reduction, proportionate to the diminished value of the bike; or
• (so long as the defect is not minor) terminate the contract of sale, in which case you get all your money back but you have to give back the bike.

If both of these remedies are available (i.e. if the defect is not minor) then the customer has the choice of which is to apply.

Victor

https://www.boards.ie/discussion/comment/122195707#Comment_122195707

Did you bother to read what was posted? "4 times in a few months it has cut power while riding it and won't turn back on. In my latest visit to have the bike fixed I asked about a refund if it cant be fixed."

KaneToad

https://www.boards.ie/discussion/comment/122201155#Comment_122201155

Yes I did. Nowhere does it state they have tried to fix it 4 times. It states that it didn't work 4 times, possibly the same issue?

"In my latest visit to have the bike fixed", doesn't mean the previous visits were to get the bike fixed.

Marcusm

https://www.boards.ie/discussion/comment/122201524#Comment_122201524

conventional English language construction would suggest that there was more than one visit for a repair.

Lenar3556

https://www.boards.ie/discussion/comment/122198228#Comment_122198228

You are over egging the pudding a little.

We don’t know the full details, but the OP tells us they returned to the shop after several months of use and reported a fault with the bicycle. A fault which they indicated presented 4 times during their use. It is a reasonable remedy for the shop to repair the fault (assuming it is a genuine defect, and there isn’t a use case which is the root cause).

By your logic, if I bought a car in January, drove around the country until September and it broke down, I could lift the phone to dealer and demand my money back. It doesn’t work like that. The vendor is afforded an opportunity to resolve the issue by means of a repair.

Johnny Jukebox

https://www.boards.ie/discussion/comment/122200321#Comment_122200321

This. Make it easy for the judge to rule in your favour. Print out all correspondence, order by date, highlight the most important sections and bring it with you to court, neatly presented and easy to read. First page should be an executive summary of what has occurred to date.

Charles Babbage

https://www.boards.ie/discussion/comment/122198228#Comment_122198228

"They said that if the higher maintenance guys can't find a solution it will be a bike replacement "

According to the first post, they have offered a repair and a replacement if that is unsuccessful. At this point it is not clear why there is a thread. As for the 30 days, Halfords may offer a customer superior rights to their legal ones for 30 days, there is nothing dishonest about this, in fact it is reflects well on them.

GerardKeating

https://www.boards.ie/discussion/comment/122196243#Comment_122196243

No,

As others mention, the customer is entiled to the "3Rs", "Replacement, Repair, Refund". But it is the retailer that decides which one to do.

In addition to statutory rights, Halfords also offer a 30 day refund. This is in addition to statutory rights, so Halfords can put any silly restrictions that want on this additions "rights" as long as it is clearing displayed.

If they opt for the repair option, and the repair fails, they are entitled to repair again, but eventually they should give up and go to one of the other options.

Gooser14

https://www.boards.ie/discussion/comment/122309199#Comment_122309199

Are you sure that it is still the case that the retailer decides which of the "3R's" applies? I thought this changed in the latest CCPC policy & it is the buyer that now decides whether they want a repair or replacement.

Torcaill

https://www.boards.ie/discussion/comment/122309443#Comment_122309443

https://www.citizensinformation.ie/en/consumer/shopping/problems-with-faulty-goods/

here

Gooser14

https://www.boards.ie/discussion/comment/122309510#Comment_122309510

So the decision on repair or replacement rests with the buyer & not the retailer!

Oscar_Madison

Right to a refund

You have the right to end the contract and get a refund where:

• The seller has not offered a repair or replacement
• The fault is serious
• The seller cannot fix the issue within a reasonable time
• You told the seller you needed the product for a specific date and the seller agreed to this
• The same or another issue happens again after the seller repaired or replaced the product

You also have a legal right to return something faulty if the issue occurs within 30 days. You can return the product and get a full refund – see ‘short term right to cancel’ above.

https://www.citizensinformation.ie/en/consumer/shopping/problems-with-faulty-goods/#38b0cc

GSBellew

https://www.boards.ie/discussion/comment/122309681#Comment_122309681

But Halfords have already said they will replace.