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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Madam, I recently purchased a bicycle from a U.K.

Resolved Question:

Dear Sir/Madam,
I recently purchased a bicycle from a U.K. company online. My bike arrived last Saturday(30/05/2015) and I followed the video on their webpage for assembly and checking brakes, gears and steering. Being a recently retired engineer on fast jets safety is second nature to me so, before taking the bike on the road I checked everything on the bike a number of times. The 21 gears worked perfectly and required no adjustment, I spent the next 4 days going out on my bike for journeys up to 5 miles at a time and changed through the gears many times. Last Wednesday(03/06/2015) when I was out riding I changed down the gears and my rear wheel locked, the chain had jumped of the cogs and the gearing had smashed into the spokes causing the plastic housing on the derailleur gears to break in half. I wrote to the company and attached photo's of the damage and asked if they would replace or repair the damage as I didn't know what else I could have done to have avoided the damage. Here is their reply -
Looks like the stop screw (L) needed adjusting. Approx. 8mins 40seconds into the video;
https://www.youtube.com/watch?v=TuctWnOSJvU
That is what stops the mech hitting the spokes.
As a gesture of goodwill, I can get a new mech out to you, but you would obviously need to get it fitted, unless you can do yourself.
Are they right to do this as a gesture of goodwill or am I protected legally and should the responsibility for repair or replacement lie with them. The bike cost me £370 and I paid on my credit card through paypal, I've just read that I may not be covered under Section 75 of the consumer credit act because the money is paid to paypal and not the discount cycle shop who I ordered the bike off.
Regards,
Derek Poynor. (*****@******.***)
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What do they say caused this?
Customer: replied 1 year ago.

They are saying it looks like the screw stop on the gears must have needed adjusting.

Expert:  Jo C. replied 1 year ago.
The implication being that you didnt assemble it properly?
Customer: replied 1 year ago.

The gears were already assembled I just needed to check for any adjustment that was required which I did, the gears worked perfectly. I then travelled approximately 15-20 miles over 4 days with no problem.

Expert:  Jo C. replied 1 year ago.
Think you.
This will really come down to the cause of this fault.
If it was caused by their products then they are liable both for replacement parts and fitting. It doesn't really matter that you paid by credit card because they are UK-based and so can be easily sued which should always be the preference.
If it was caused by an error with assembly then that is not their fault and they don't have to offer anything at all unless you could argue that their instructions were inadequate.
They seem to be referring you to a specific point in the assembly video where this is covered so that might be a difficult argument.
The practical reality though is that if you were to have the work done and Sue for the cost then probably they would cave in because they would not want the cost of defending this action.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
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