Every week in the past I offered a little bit 2022 Mutt 125cc bike with 237 miles on the clock. I took it in as an element trade (the son didn’t prefer it so the dad chopped it in for himself and purchased a Ducati). So. all in all, it was nearly a brand-new bike.
The customer of the Mutt 125cc most likely weighs 14 stone or so and when he rode off on the bike it did concern me on account of how massive he was and the way small the bike was. He informed me he was going to make use of it to commute to varsity.
Yesterday I acquired an e-mail from the client. Apparently, a few of the spokes have damaged and due to this fact he’s claiming it’s ‘not match for function or passable high quality’ and needs his a refund.
Earlier than I am going and provides a full refund, I’m 100% satisfied this has occurred on account of his weight or as a result of he has gone up a curb or down a pothole (the roads are in a proper state).
So my query is, do I’ve a leg to face on or is it only a bitter tablet I’ve to swallow underneath present client rights? I really feel he has blatantly abused the bike and doesn’t need it repaired simply to get rid and train his rights.
Reply
In case you have offered the bike as a ‘seller’ then the client does have authorized safety.
Broadly talking, underneath the Client Rights Act, the client has a authorized proper to reject items which are of ‘unsatisfactory high quality’; or ‘unfit for function’; or ‘not as described’, and get a full refund so long as they do that inside 30 days from the date they took possession of the products (the bike on this case).
As you offered the bike per week in the past then he’s inside that point so that you might be caught with it. Nevertheless, earlier than giving any refund I’d need to see the bike to double-check, i.e. if the rim is bent from bashing up a curb or down a pothole, then you definitely might be able to refuse to present a refund.
Nevertheless, whether it is simply defective then you might not be capable to refuse. As an apart, whether it is defective reasonably than having been abused, you could possibly provide to repair the damaged spokes to see if that can remedy the problem.
Lastly, I believe being 14 stone is nicely inside the weight restrict allowed and I doubt this brought about the spokes to interrupt, so most likely finest to not speculate.
Andrew Prendergast
Extra Bikes Could 2023
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