ChrisF Posted January 19, 2021 Share i work in legal field just my 2 cents worth its fine to have legal rights under law its another thing and expensive to enforce same compromise is better option SAD, but best advise .... Been there, done that, burnt that T-shirt. Hope he gets sorted with the "dealer", and back on the road soonest. On a tangent .... sucks to be a dealer .... clearly the "seller" pulled one over the dealer. Dealer may have to take a knock on this one to keep his good reputation. Some seriously shady "sellers" out there .... Rock Guy and Sid the Sloth 2 Link to comment Share on other sites More sharing options...
Mike Mac Posted January 19, 2021 Share If a dealer sells a defective product and the buyer asks for a refund, the dealer should oblige immediately without question. Not only does the CPA demand this, it is also the right thing to do. No problem for the dealer to suggest an alternative solution, but if the buyer has lost confidence in the product and wants a refund, the buyer is entitled to it and the dealer should oblige. Edited January 19, 2021 by Mike Mac Link to comment Share on other sites More sharing options...
FreeSoul Posted January 19, 2021 Share Thanks everyone for the solid advice and guidance. As it stands right now, he is sourcing replacement parts. My last message was a thumbs up but will not wait more than a few days. If this doesn't materialize, I think its fair to ask for a refund so I can look for other options as I am not prepared to wait weeks. Sid the Sloth 1 Link to comment Share on other sites More sharing options...
AdamA Posted January 19, 2021 Share My 2c You should have used BikeHub Pay Buyer/Seller Protection If the 'Dealer' buys and sells bikes as a Hobby anything regarding CPA does not apply (AFAIK) If the FD cracks were in the WhatsApp then the seller was not aware of is ( As mentioned above) It is the Buyers responsibility to inspect the goods 'Mint Condition' means different this to different people, so does 'Perfect Condition' 'Like for Like' part would imply the 2nd hand parts, NOT new parts, as the parts were 2nd hand when you bought them. These could take a while to source. I think your best option is to accept the replacement parts (however long they take) and then go and enjoy your new bike. Are you Sure the RD was not in Crash Recovery Mode? Long Wheel Base 1 Link to comment Share on other sites More sharing options...
Rock Guy Posted January 19, 2021 Share Who was the seller? I'd like to avoid buying from him/her in future. porqui, ChrisF, Arrie and 1 other 4 Link to comment Share on other sites More sharing options...
FreeSoul Posted January 21, 2021 Share LATEST: 21/01/2021 No one has stock of the components and is refusing to purchase NEW parts anyway. He said, "second hand market value only". In his mind, it's fine for me to just wait in perpetuity. Have asked MANY times about a refund and he refuses to entertain it. So as it stands, I am R60k out and have a broken bike. Lost for words. Oh, and refuses to take my calls. Link to comment Share on other sites More sharing options...
DR ◣◢ Posted January 21, 2021 Share CPA it is then. He didn't leave you much choice. My concern there is he might come with "I sold my personal bike to you. It wasn't through my business" Those in the know, what would the recourse be on that? Link to comment Share on other sites More sharing options...
AdamA Posted January 21, 2021 Share Have you had a second opinion on the Crash Recovery mode? Link to comment Share on other sites More sharing options...
FreeSoul Posted January 21, 2021 Share Have you had a second opinion on the Crash Recovery mode? Yes. Link to comment Share on other sites More sharing options...
stringbean Posted January 21, 2021 Share Does he have second hand replacements that can get you going ASAP?if he doesn’t he’s sold you a bike that can’t even be ridden and has done nothing to even try help you out.Time to name and shame sorry.Just because they second hand dealer with good ratings means nothing unfortunately.Ive seen dealers on hub selling second hand bikes that I know have been in accidents,been repaired and sprayed but not disclosing this on sale. Pure Savage, TNT1, ChrisF and 3 others 6 Link to comment Share on other sites More sharing options...
DR ◣◢ Posted January 21, 2021 Share Agree. Post the link to the original advert. TNT1 1 Link to comment Share on other sites More sharing options...
FreeSoul Posted January 21, 2021 Share Does he have second hand replacements that can get you going ASAP?if he doesn’t he’s sold you a bike that can’t even be ridden and has done nothing to even try help you out.Time to name and shame sorry.Just because they second hand dealer with good ratings means nothing unfortunately.Ive seen dealers on hub selling second hand bikes that I know have been in accidents,been repaired and sprayed but not disclosing this on sale. Nope, no parts and wont entertain buying new. Also, NO-ONE has stock in SA, so I must wait. Link to comment Share on other sites More sharing options...
DR ◣◢ Posted January 21, 2021 Share Is this by chance a Pina F8 that you bought? Link to comment Share on other sites More sharing options...
TNT1 Posted January 21, 2021 Share CPA it is then. He didn't leave you much choice. My concern there is he might come with "I sold my personal bike to you. It wasn't through my business" Those in the know, what would the recourse be on that? The CPA states: Section 56(2) of the Act states that if a consumer purchases goods that do not comply with the requirements set out in section 55 a consumer may within six months of the purchase return the goods to the seller at the seller’s risk and expense and the seller must at the direction of the consumer either:Repair or replace the defective goods; orRefund the consumer fully for the goods purchased.Section 56(3) of the CPA states that if the seller is unable to repair the defect within three months the seller must:Replace the goods; orRefund the consumer fully. And: The supplier is then obliged to repair the goods or alternatively replace them free of charge for the consumer. Should the supplier attempt to repair the goods, but not be able to do so successfully within three months of the goods being returned to the supplier, then the supplier is obliged to replace the goods or refund the consumer fully. I think the way it's intended is that the seller (supplier) has up to 3 or even 6 months to makes this right via replacing the defective parts before a full refund will be entertained. I would certainly assume that if the OP pursues a legal route, the seller's lawyer would respond as such. Link to comment Share on other sites More sharing options...
TNT1 Posted January 21, 2021 Share Is this by chance a Pina F8 that you bought?No amount of zooming in shows a cracked front derailleur though Link to comment Share on other sites More sharing options...
DMJ Posted January 21, 2021 Share Lots of laywers on here without law degrees. AdamA, Wannabe and Long Wheel Base 3 Link to comment Share on other sites More sharing options...
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