Advice needed For Post Bike Sale

[ChrisF]

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 ....

[Mike Mac]

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

[FreeSoul]

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.

[AdamA]

My 2c

 

1. You should have used BikeHub Pay Buyer/Seller Protection
2. If the 'Dealer' buys and sells bikes as a Hobby anything regarding CPA does not apply (AFAIK)
3. If the FD cracks were in the WhatsApp then the seller was not aware of is ( As mentioned above) 
4. It is the Buyers responsibility to inspect the goods
5. 'Mint Condition' means different this to different people, so does 'Perfect Condition'
6. '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?

[Rock Guy]

Who was the seller? I'd like to avoid buying from him/her in future.

[FreeSoul]

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.

[DR ◣◢]

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? 

[AdamA]

Have you had a second opinion on the Crash Recovery mode?

[FreeSoul]

Have you had a second opinion on the Crash Recovery mode?

 

Yes.

[stringbean]

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.

[DR ◣◢]

Agree. Post the link to the original advert.

[FreeSoul]

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.

[DR ◣◢]

Is this by chance a Pina F8 that you bought?

[TNT1]

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; or
• Refund 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; or
• Refund 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.

[TNT1]

Is this by chance a Pina F8 that you bought?

No amount of zooming in shows a cracked front derailleur though

[DMJ]

Lots of laywers on here without law degrees.