Halfords - Faulty Bike

I purchased a Cererra Subday last Xmas in Halfords. I didn't really cycle the bike for the 1st few months until I started using it to cycle to the train station. After 2 months of cycling the bike, the entire rear gear mechasim snapped off.

Upon returning the bike to Halfords, they tell me that I will have to pay for the bike to be fixed because the manufacterer doesn't cover that part in their warranty.

Its my legal understanding that you can't sell a product if the entire product is under warranty.

"Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

of merchantable quality
fit for its normal purpose, and reasonably durable
as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.

When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a refund, a replacement or a repair."


Can anyone confirm my position here as I don't want to get the bike repaired if this is going to happen again. I would rather have a trust worthy bike to get me around.

Upon returning the bike to Halfords, they tell me that I will have to pay for the bike to be fixed because the manufacterer doesn't cover that part in their warranty.

Click to expand...

No this is not be the case. As you correctly point out the goods must be merchantable and free from defect. You are entitled to have it repaired at no additional cost to you. 2 months is a short time for such a defect to have occurred.


If you decide to accept the repair you should tell that that you will be seeking a refund/replacement bike if the problem arises again.

Marion

Marion said:

No, this is not be the case. As you correctly point out the goods must be merchantable and free from defect. You are entitled to have it repaired at no additional cost to you. 2 months is a short time for such a defect to have occurred.


If you decide to accept the repair you should tell that that you will be seeking a refund/replacement bike if the problem arises again.

Marion

Click to expand...

Do I have to get the bike repaired?? They have been messing me around for the last 5 weeks & only told me today that I have to pay for the repair.

I would much rather get my money back & buy elsewhere with no attitude.

It is advisable to buy a bike from a reputable bicycle shop with a service department etc. Bikes normally are dispatched from the factory in a partly assembled format and need to be assembled correctly by a trained bicycle mechanic prior to cycling. It is imperative that the bike receive a pre-delivery inspection and should not be used without said inspection. The gears and brakes etc need to be checked and adjusted, pedals and handlebars correctly assembled and positioned. Most reputable bicycle shops offer a free service after the bike has been used for a month or so to tighten up all the components that may have become loose. It is very important for the life of your bicycle and for your personal safety that one avails of this free service.

OnLooker said:

Do I have to get the bike repaired?? They have been messing me around for the last 5 weeks & only told me today that I have to pay for the repair.

I would much rather get my money back & buy elsewhere with no attitude.

Click to expand...

AFAIK it's not that easy. Marion is absoloutely right of course about your entitlement to a free repair but retailers have rights in the matter also and so can choose the option of repair/replace/refund that they think is appropriate in the particular situation. That doesn't mean thay you shouldn't ask for a refund but that's not a guarantee that you'll get it. If on the other hand a repair doesn't work, then the rules could well change and your case for a refund is strengthened. The problem is that the only final arbiter in such disputes tends to be the law (e.g. the Small Claims Court) when the Judge will decide if the retailer's response was appropriate.

I suggest you get a view from the National Consumer Agency - see www.nca.ie

pat127 said:

AFAIK it's not that easy. Marion is absoloutely right of course about your entitlement to a free repair but retailers have rights in the matter also and so can choose the option of repair/replace/refund that they think is appropriate in the particular situation. That doesn't mean thay you shouldn't ask for a refund but that's not a guarantee that you'll get it. If on the other hand a repair doesn't work, then the rules could well change and your case for a refund is strengthened. The problem is that the only final arbiter in such disputes tends to be the law (e.g. the Small Claims Court) when the Judge will decide if the retailer's response was appropriate.

I suggest you get a view from the National Consumer Agency - see www.nca.ie

Click to expand...

I have just rang them & they have backed up your view. They said I would be able to get a refund if the case keeps dragging on like the moment & also the fact that Halfords are breaking Consumer law by asking for me to pay for the repair.