Cycle Science in Broadacres Sells Fake Pinarello

[SwissVan]

Also dont feel like reading all 35 pages... has there been a mention of the price paid?

 

As a general rule of thumb you will know if its a fake given the price difference.

 

Sorry don't feel like telling you. try keep up like the rest of us had to

[Danger Dassie]

Point 8 seems to contradict points 6 and 7 ?

 

Just be clear, is the item a fake or not? So by extension, the assertion by ASG, the bike shop and Pinarello is also false?

 

All the poor legalese is starting to remind me of Nkandla.

[SwissVan]

So, stucaz, one simple question: counterfeit or not?

 

Ummm and why put Pinarello Dogma on the invoice (assuming the invoice is from cycle science).

Knowing its a fake and putting Pina on there surely must be fraud?

[dogma 60.1]

Are you going to change your hub alias now?

Hope you get it sorted.

 

Haha no need,

Am going to see if there's any chance i could get my money back. Not hoping for anything though. And if i'm not successful, in a few years to come i will by myself the real deal

[Smartie]

Cycle Science Reply to Armstrongs letters on Hub

1. On advice from our Counsel we shall not respond substantively to the content of your posting across social media platforms including Cycle Hub and Facebook on 01 April 2014 at this stage and not doing so shall in no way either be construed as an admission of the content or a waiver of our right to reply substantively in the appropriate forum should this become necessary, which right is strictly reserved.

2. The dispute pertaining between us in this regard shall (on your legal representative’s advice) shortly be the subject matter of litigation which we shall vigorously oppose on (among others) the grounds detailed through the exchange of correspondence between our respective legal representatives over approximately the past month.

3. Among the malicious injurious falsehoods you are persisting in disseminating across social media platforms is your posting on 02 April 2014 of the invoice issued for goods purchased by yourself dated 21 November 2013 while deliberately neglecting to disclose that (as you are abundantly aware) you specifically agreed to and paid only R 37 500-00 for the bicycle (consisting of a frame (at your insistence sprayed a particular shade of black), head set, handle bars, wheels and saddle column) sourced exclusively for you at your insistence and request pursuant to the agreement concluded between us.

4. The balance of the amount paid by you was for the purchase of a Campagnolo Record (Electronic) group set (consisting of the pedal’s, crank’s, bottom bracket, bearings, front and rear derailers, chain, gear cluster, cables, chain blades and brake mechanisms), a Sella Italia saddle, tyres and tubes for the bicycle and certain related miscellaneous items.

5. You have similarly deliberately neglected to disclose across the social media platforms that (a) having taken delivery of the completed bicycle on or about beginning December 2013 you enjoy a five year warranty (fully supported by us) on the bicycle and components, that (b) you in fact used the bicycle without complaint for several months and that © on numerous occasions over the aforementioned period you informed us and others that the bicycle you had purchased from us gave you the best ride you had ever experienced.

6. Should you continue spreading malicious injurious falsehoods across social media platforms and / or otherwise we shall not hesitate to institute such legal proceedings as may be available to us to protect our good name and standing in the cycling industry.

7. Furthermore we shall institute and prosecute such claim against you as may be available to us in order to recover the substantial damage your recent action across social media platforms and through engaging with our existing clients has already (and continues) to cause to our business.

8. Finally we shall under no circumstances whatsoever be drawn into “litigation” via social media platforms and / or correspondence and confirm that any legal action eventually instituted by yourself shall be vigorously opposed.

9. Needless to state our rights remain strictly reserved.

[DIPSLICK]

AT LEAST WE HAVE ONE ANSWER

 

recover the substantial damage your recent action across social media platforms and through engaging with our existing clients has already (and continues) to cause to our business

 

QUESTION EARLIER ASKED WILL THEY SURVIVE

[YUMEYA]

You guys fail to remember 'the Hub' isn't the be all and end all of cycling.

They will still have customers ,they will still do business and they will still be around in a few years time. Regardless of a few rants and lipstick dropping on a forum of guys who think they are Nino Schurter but actually are Steve Urkel.

 

That hurt man, that hurt real bad.

My friends call me Schurter, or is Shitster?

Edited April 2, 2014 by YUMEYA

[Furbz]

Cycle Science Reply to Armstrongs letters on Hub

1. On advice from our Counsel we shall not respond substantively to the content of your posting across social media platforms including Cycle Hub and Facebook on 01 April 2014 at this stage and not doing so shall in no way either be construed as an admission of the content or a waiver of our right to reply substantively in the appropriate forum should this become necessary, which right is strictly reserved.

2. The dispute pertaining between us in this regard shall (on your legal representative’s advice) shortly be the subject matter of litigation which we shall vigorously oppose on (among others) the grounds detailed through the exchange of correspondence between our respective legal representatives over approximately the past month.

3. Among the malicious injurious falsehoods you are persisting in disseminating across social media platforms is your posting on 02 April 2014 of the invoice issued for goods purchased by yourself dated 21 November 2013 while deliberately neglecting to disclose that (as you are abundantly aware) you specifically agreed to and paid only R 37 500-00 for the bicycle (consisting of a frame (at your insistence sprayed a particular shade of black), head set, handle bars, wheels and saddle column) sourced exclusively for you at your insistence and request pursuant to the agreement concluded between us.

4. The balance of the amount paid by you was for the purchase of a Campagnolo Record (Electronic) group set (consisting of the pedal’s, crank’s, bottom bracket, bearings, front and rear derailers, chain, gear cluster, cables, chain blades and brake mechanisms), a Sella Italia saddle, tyres and tubes for the bicycle and certain related miscellaneous items.

5. You have similarly deliberately neglected to disclose across the social media platforms that (a) having taken delivery of the completed bicycle on or about beginning December 2013 you enjoy a five year warranty (fully supported by us) on the bicycle and components, that (b) you in fact used the bicycle without complaint for several months and that © on numerous occasions over the aforementioned period you informed us and others that the bicycle you had purchased from us gave you the best ride you had ever experienced.

6. Should you continue spreading malicious injurious falsehoods across social media platforms and / or otherwise we shall not hesitate to institute such legal proceedings as may be available to us to protect our good name and standing in the cycling industry.

7. Furthermore we shall institute and prosecute such claim against you as may be available to us in order to recover the substantial damage your recent action across social media platforms and through engaging with our existing clients has already (and continues) to cause to our business.

8. Finally we shall under no circumstances whatsoever be drawn into “litigation” via social media platforms and / or correspondence and confirm that any legal action eventually instituted by yourself shall be vigorously opposed.

9. Needless to state our rights remain strictly reserved.

 

what a load of waffel..

regardless of the above, a fake frame was sold under the pretence of being genuine. <-- fraud

AND

a fake frame was sold. regardless of the manner. <-- illegal

[Ride it]

AT LEAST WE HAVE ONE ANSWER

 

recover the substantial damage your recent action across social media platforms and through engaging with our existing clients has already (and continues) to cause to our business

 

QUESTION EARLIER ASKED WILL THEY SURVIVE

 

Proof: The Hub has power!!

[TheV]

So after a couple of us were torched for simply suggesting that ("maybe") there are some undisclosed aspects to this entire sage.... it now "seems" that the OP is probably not as squeaky clean as others would have suggested.

 

1. Did he know he was getting a "Replica" - and did he actually ask for a Replica? Because it does change things if they sold him an unbranded frame, and then he commissioned the replica paint and decals.

 

2. This does make one wonder why, if he actually was sold a FAKE (100% unbeknownst to him), why would he be happy to keep the group set and some bits and settle for just returning the frame and some other parts?

 

3. Also... was the invoice specifically requested by the OP to state "DOGMA", perhaps so that he can have insurance cover, etc? Who knows?

 

4. Just a comment for interest sake - even though ASG might be appointed as the exclusive distri for the territory, they cannot simply act on behalf of Pina without explicit instruction and powers to protect their IP/Brand/Trademarks, etc. The original owner has to act or explicitly cede this to the distributor.

 

5. I mentioned in one of my posts that the OP simply registered on thehub the day of the first post - who knows, maybe he was advised or it was suggested to him by someone or a company or another party, who might have a vested interest in the saga to do so?

 

6. It's funny to me that the OP actually now owns a Fake and a Grey, because strictly speaking the bike he purchased in Aus would be considered grey here?

 

7. Lastly, it's really funny to me how many people on this thread have A LOT to say about counterfeit aspect, but how many of them actually download/share movie and series without even blinking an eye or thinking twice. There is no difference to this, piracy and counterfeit is rather close in my opinion.

 

8. You see many people taking off the 318i/320i badge of their shiney new BMW and put a kit/mags/options etc on, and then sticking on a M-bage, etc. Also similar in my books, it's FAKE, isn't it?

 

* AND JUST SO THAT WE ARE CLEAR: I don't know the OP, I don't know the SHOP, I have absolute no connection or involvement in this matter. I don't have replica frames or bikes, I don't sell them or promote them.

 

I've simply just from the start wondered about the OP's agenda and what other aspects there are to the saga...

 

Just personal opinion, you don't have to like it.

Edited April 2, 2014 by TheV

[Brogue]

So the question is, did the shop sell the bike as the real thing when it was in fact a fake? If so then the OP is correct in taking legal action.If however he was told that it was not a genuine Pina but a copy, replica, fake then he has no recourse. However it is still illegal to sell fake / counterfeit goods. And ASG seem to have confirmed that it is indeed a fake. So the shop doesn't seem to have a case at all.

 

Yep, the shop is nobbed either way.

[sluiper]

Should have ponied up for a better lawyer, methinks. Whoever they got to write this letter is pretty clueless as to the real issue at stake.

[MockTurtle]

legal blah blah

yet not one word on the fake issue...

so aside from the fact that the shop gave a seemingly 'generous' discount and 'excellent' service. cycle science still sold a fake frame!

and aren't the wheels also fake?

most importantly who is Cycle Hub? We are THE Hub!

 

Cycle Science... dodgy shop confirmed.

[BrianMTB]

Cycle Science Reply to Armstrongs letters on Hub

1. On advice from our Counsel we shall not respond substantively to the content of your posting across social media platforms including Cycle Hub and Facebook on 01 April 2014 at this stage and not doing so shall in no way either be construed as an admission of the content or a waiver of our right to reply substantively in the appropriate forum should this become necessary, which right is strictly reserved.

2. The dispute pertaining between us in this regard shall (on your legal representative’s advice) shortly be the subject matter of litigation which we shall vigorously oppose on (among others) the grounds detailed through the exchange of correspondence between our respective legal representatives over approximately the past month.

3. Among the malicious injurious falsehoods you are persisting in disseminating across social media platforms is your posting on 02 April 2014 of the invoice issued for goods purchased by yourself dated 21 November 2013 while deliberately neglecting to disclose that (as you are abundantly aware) you specifically agreed to and paid only R 37 500-00 for the bicycle (consisting of a frame (at your insistence sprayed a particular shade of black), head set, handle bars, wheels and saddle column) sourced exclusively for you at your insistence and request pursuant to the agreement concluded between us.

4. The balance of the amount paid by you was for the purchase of a Campagnolo Record (Electronic) group set (consisting of the pedal’s, crank’s, bottom bracket, bearings, front and rear derailers, chain, gear cluster, cables, chain blades and brake mechanisms), a Sella Italia saddle, tyres and tubes for the bicycle and certain related miscellaneous items.

5. You have similarly deliberately neglected to disclose across the social media platforms that (a) having taken delivery of the completed bicycle on or about beginning December 2013 you enjoy a five year warranty (fully supported by us) on the bicycle and components, that (b) you in fact used the bicycle without complaint for several months and that © on numerous occasions over the aforementioned period you informed us and others that the bicycle you had purchased from us gave you the best ride you had ever experienced.

6. Should you continue spreading malicious injurious falsehoods across social media platforms and / or otherwise we shall not hesitate to institute such legal proceedings as may be available to us to protect our good name and standing in the cycling industry.

7. Furthermore we shall institute and prosecute such claim against you as may be available to us in order to recover the substantial damage your recent action across social media platforms and through engaging with our existing clients has already (and continues) to cause to our business.

8. Finally we shall under no circumstances whatsoever be drawn into “litigation” via social media platforms and / or correspondence and confirm that any legal action eventually instituted by yourself shall be vigorously opposed.

9. Needless to state our rights remain strictly reserved.

 

I put it to you... this response is an insult to all your customers - a good number of whom have contributed to- and/or viewed this thread.

 

Selling counterfeit goods is illegal - and no amount of lawyer-speak will change that.

 

I for one will not support your business again.

[MockTurtle]

more blah blah

 

 

Better to remain silent and be thought a fool than to speak out and remove all doubt.

Abraham Lincoln

[Andrew Armstrong]

Daniel Kahneman, Nobel prize winner in Economics demonstrated that people become risk seeking when all their options are bad. Please contact my attorney so you can arrange my refund with him. Perhaps you can pay his fees as well?