To be angry with bike shop for selling me a second hand bike as new?

[YellowBellyCat]

I bought an expensive bike last week from a well known National bike shop chain. Bike was reduced from £2700 to £2200 as I was told it was last year’s model. It’s a seriously well specced bike.

Turned up for a club ride yesterday and people there recognised the bike, it’s had custom bar tape put on it which makes it distinctive. Someone who works at the bike shop was there and made a comment about how the bike had won a National Grand Prix. I didn’t click at first and thought he meant that make/model. But later on other people were saying oh that’s x’s old bike. I’ve now found public posts from x on the bike shops fb page dated from 2019 with photos of her with the bike saying how she’s entered numerous races with the bike.

I tried to register it with the manufacturer yesterday on their registration scheme and can’t register it as it’s already registered.

So they’ve basically sold me a 2yo second hand bike and pretended it’s new. Don’t get me wrong…it looks in good condition, they’ve obviously cleaned it well, possibly they’ve put a new chain/cassette on 🤷‍♀️ But I wouldn’t have paid that amount of money for a second hand bike. At the end of the 2019 season another National chain were selling them new for £1900!

I’m going back to the bike shop today to attempt some serious price negotiation but not sure how far I’m going to get. If they don’t budge on price I think I will have to insist on a refund as it’s just making me angry now. A similar spec bike in this year’s models is about 4k though as the bike model has been seriously redesigned and upgraded (disc brakes from rim brakes) and I can’t afford 4k. They’re also all out of stock.

A friend was with me when I bought it and she’s as shocked as me, says she also thought it was a new bike. It was lined up with this year’s bikes.

@YellowBellyCat

Chain doesn’t begin with H. Think a chain which only sells one brand of (high end) bikes and is named the same as the bike brand. I’m hoping their head office will be unimpressed if I have to take it that far. I’m furious.

Especially as the shop has probably lost a sale, if the money for this second hand bike belonging to a staff member went into that staff members pocket.

People saying go to Trading Standards. That doesn't exist any more for ordinary people. You get redirected to Consumer Direct and all they do is explain how to take someone to the small claims court.

Yes put it all in writing OP..

go and enjoy your holiday .. don't post anything on FB until this is resolved 🌸

I wouldn't take their offer.
They were completely underhand in selling you that bike. If they think that there's nothing wring with what they did, why were they not totally transparent with you at the time of purchase?
They lied to you by omission to get a sale.
It IS a second hand bike.
I would definitely want at least £500 back. Tell them to shove their store credit. And mention trading standards, the local press, and social media.
Don't cave, hold out for a better offer.

My DH recommends Merlin Cycles website. They have the same spec bike as yours for £1800 upwards and can be with you within 24 hours.

I would get full refund, buy a new bike with full warranty and still complain to the head office.

I d write back and state you are not willing to accept this offer but would be willing to accept £500 refund - not sales vouchers or refund in full, and will give them 14 days to get back to you with a decision

Do point out you have a holiday booked so will not be responding until after x date and then go and enjoy your holiday

@Worrysaboutalot

My DH recommends Merlin Cycles website. They have the same spec bike as yours for £1800 upwards and can be with you within 24 hours.

I would get full refund, buy a new bike with full warranty and still complain to the head office.

Not in my size, again looking at 4k or 6k for anything from there but thanks.

Do you still have your old bike?

How long have you had the bike?

Would you have a reasonable argument to take to head office saying you bought it for an event unaware it is second hand, due to the delay you no longer have time to buy a new bike in time, could you either have a more substantial discount or keep the bike until after the holiday?

I don’t agree with the mileage because that suggests she’s done around 9 miles a week which is incredibly low. I’ve had a look at her Instagram and in Jan and Feb 2020 she was using it to train in Valencia and comments on the fact she’s out there logging the miles.

How was it delivered? In a box or did you collect it straight from the shop floor? Where was all the gumph that usually accompanies a new purchase?

That’s outrageous, I’d be furious if I spent that on a 2 year old carbon frame. And 1000 miles is not nothing! It sounds like they replaced everything that “looked” warn but you’ve no idea what weather it’s been out in, how gunked up the bottom bracket is, how well it’s generally been maintained during that time. It’s not at all the same as buying a new bike as if you don’t know what exactly has been done to it over the last 2 years, it won’t be so easy to decide what parts will need servicing or replacing when. I’d complain in writing and want a full refund for the bike and complimentary voucher for wasting your time!

Jesus Mary Joseph And The Wee Donkey just keep the fucking bike you have if you are happy with it. Every other solution offered is not suitable so 🤷🏼‍♀️

The legal definition of second hand is any good that has been previously sold to another customer (and that includes the company's employees) OR any good that has been repaired

Your item appears to fall under both.

PLUS

They're contravening the consumer rights act 2015 - in a number of ways actually - but particularly as it was not "as described" and that included misleading customers by the way an item is displayed.

The general manager wasn't in? Well then he should have the authority and willingness to deal with an illegal sale in his stead. This is basic consumer law.

Pointless talking to the monkey, you need the organ grinder and you need to be fully armed with consumer law knowledge.

"Ex staff bike" for instant has absolutely no legal standing whatsoever!

He's lying through his teeth to you - you've seen proof of its previous use

I’ve told him I can’t register it and he says it’s not an issue…they know they sold it to me, etc.

Aye right!

That's not worth the paper it's NOT on! You need that in writing.

That seems fair

On what planet?!

How annoying for everyone who was sure there was all kinds of skullduggery going on that they'd said they want to make sure you're happy. Does he realise his reasonableness had disappointed several posters on the thread

Er...did you even read the post thoroughly?

He said a load of bullshit to try and fob op off!

The company have acted ILLEGALLY and as far as I can tell haven't even apologised

"We want you to be happy" is a stock phrase they are taught to use on complaining customers they don't mean it.

You're either incredibly naive and placatory or you're this type of sales person yourself.

I was referring to the posters who were suggesting that the staff were somehow on the fiddle or in cahoots with the bike borrower

Still entirely possible and may be why the sales manager is trying to prevent op from speaking with general manager

@HalzTangz on the app in the top right of your screen you'll see a wee icon that looks like a funnel, it's to the left of the icon for flipping the thread which is 2 opposing arrows, you don't have to be a premium user to filter ops posts

I will suggest that a big label needs putting on such bikes

The law already requires this of them or at the very least they have to tell customers before a purchase even begins to be processed.

What they are doing, in legal terms is akin to clocking a car! And just as illegal.

@Confusedandshaken in every example you gave, legally the shop has to tell the buyer in some way that it's not a completely new item.

I used to work in a designer clothing place many years ago and another staff member got an absolute bollocking for providing a customer with an item as a suggested purchase from returned stock without telling them it was a returned item.

Manager was livid because she is the one facing a potential fine plus a bollocking from the owner.

It hasn't been legal practice since the sale of goods act 1979.

It's now covered under consumer rights act 2015.

Can I suggest you join Which consumer group as a member? It’s not expensive and they are THE experts on consumer rights - they will give you solid legal advice for free and may be able to advocate directly on your behalf with the store

definitely agree with this I'm a member so useful

That's a pathetic offer they've made op - particularly considering fines for such illegal sales are well into thousands! £200 would be getting away with it very cheap for them!

If I were you I would :

Point out to them it was an illegal act, citing the relevant articles

Point out to them the proof you have of this

Tell them you expect at the very least:

An apology

Compensation for your time and trouble

Refund to the level that the appropriate cost of the bike, taking into consideration that it WAS second hand at time of purchase, is what you will now have paid

For the warranty to be covered by them so you have cover as if new

A fit or repair or whatever free in x months as a gesture of goodwill

At the very very least

I too as per pps would be getting EVERYTHING done in writing from now on. They cannot be trusted.

In store credit would be of no interest as I would never be shopping there ever again!

Yep!

This is outrageous! The cavalier attitude from the salesman is dreadful too - it’s not up to him to redefine what ‘second hand’ means according to his whims… I’d be escalating this OP. Write a strongly worded email to their Head Office complaining about the deception and misrepresentation. Tell them the solution you want (I.e. partial refund of £1000 to cover the reduced actual value, inability to register it for warranty and your time and inconvenience), and just be politely insistent. I would also raise with them that selling used bikes as new as a general practice is appalling practice and you expect them to take steps to identify these bikes from here on.

Didn't you say that someone at your bike club who also works at the shop confirmed the bike had been raced? You'd never have know if it was not for that. Sounds like a blistering email with some screenshots is in order. Hope you get sorted in time for your holiday anyway.

They’ve offered a full refund. In the end it comes down to you either want to keep the bike or not. Ultimately legally that is putting it right.

I would counter offer with a partial refund. Or just email straight to head office, explain the situation and what you think is a reasonable outcome.

Would you have bought the bike if it had been cheaper, but had known it was used?

If you wouldn't have bought then a full refund and returning the bike is the only option.

If yes, then request a refund to bring it down to a price you would have been willing to pay and a bit more again for the inconvenience.

Just because they offer you that to resolve it, doesn't mean you have to accept it.

@Teateaandmoretea

They’ve offered a full refund. In the end it comes down to you either want to keep the bike or not. Ultimately legally that is putting it right.

Except they shouldn't have sold her the bike in the first place. They've broken the law

It might be useful to point head office to this thread, as the shop's behaviour is damaging the brand's reputation.

I know nothing about high end bikes, but even I have a very bad opinion of the company now. From that the OP says they seem such shysters.

They’ve offered a full refund. In the end it comes down to you either want to keep the bike or not. Ultimately legally that is putting it right

Except they shouldn't have sold her the bike in the first place. They've broken the law

They ve broken consumer law and by offering a full refund, have stymied any legal recourse, what more would action in the small claims court get the OP?

The shop know full well they can sell the bike for say 1.8 to 2.0k, even as a 2ndH bike and they also know the OP will have a substantial wait for a new bike from any manufacturer - they have her over a barrel.

However, if it were me, i'd go refund and get a bike from another manufacturer and never set foot in that place again, the bike the OP bought appears to be a much older model with out of date equipment on it.

I'm a fan of Canyon bikes, their customer service has always been brilliant and you can ride the bike around for 30 days and return for any reason.

Few in stock but the summer is poor, use your old bike until whatever you want is back in stock?

I’d go to head office. The store will fob you off.

Definitely go over their heads. If you give the bike back for a refund they will sell it as a brand new bike to another unsuspecting customer.

Citizens advice have been useful before for me, they sorted British Gas no mean feat!

Try head office first. You should be able to keep the bike and get some money back. I’m sure the bike wasn’t put through the till and was sold “on behalf” of the staff member.

Interesting that they offered a full refund, but only £200 credit if OP wants to keep the bike ... no doubt they intended to "renew" it once again and put it straight back into the shop

Makes you wonder just how many of their bikes really are new

Go to head office and say its not acceptable what youve been offered

theyre trying to get out of selling a used bike

OP have you looked at Specialized Tarmac Comp or the cheaper Sport? both available in 44 and 49, xs and s.

Guaranteed new! and 30months 0% finance.

few in stock but the summer is poor, use your old bike until whatever you want is back in stock?

OP has sold her old bike!

@BikeRunSki

few in stock but the summer is poor, use your old bike until whatever you want is back in stock?

OP has sold her old bike!

Sorry missed that. I guess she will have to accept one of their offers then.