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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32980
Experience:  Over 25 years experience in law
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I have a bike shop. A person called me and asked me to order

Resolved Question:

I have a bike shop. A person called me and asked me to order an electric bike for her. As I don't sell the bikes in store I asked for a 50% security deposit which I took by credit card over the phone. Once the bike was deliverded she asked that I assemble it so that she can come to the store and pick it up. All this took place. She came to the store. Inspected the bike. Mounted her personal equipment to it. Then completed the transaction by paying the remaining 50% of the charges. She contacted me the next day saying the bike was damaged and that she wants to return it. When I said that I would help her get the bike repaird but it was fine when she left the shop. She is now saying that because she made the first payment by phone that distance selling regulations apply and she can return it for any reason she likes. I was under the impression that since she completed the transaction after having paid me to assemble it and having had the chance to inspect it that the DSR would not apply but it would be considered a fast to face on site purchase. The FSB tells me that she is right but I'm reaching out for a second opionion.
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Well she is correct on the law although it is now called the Consumer Contracts Regulations. Your point is that the bike has been 'tailor made' and as such the right does not apply. I am not convinced that this will work with a standard electric bicycle which has just been assembled. If however the bike has damaged in her care then she is not entitled to such a refund as she has damaged the machine. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.

Hi and thanks Thomas. The bike has been damaged. She now claims this was done before she left the shop with it but it was not. She inspected the bike and accepted it. So, you answer left me a bit uncertain. You say she is right but that if she has damaged it she cannot get a refund. From what little I have been able to understand about the DSR, even if she damages it she can still return it in the cooling off period leaving me to have to file a seperate claim for the damage. Also, are you saying that the fact that she picked up the bike and completed the final payment in purcash, it still falls under DSR?

Expert:  Thomas Judge replied 1 year ago.
Sorry to confuse you. She is entitled to her money back under the lets call it cooling off period. However you are entitled to bring a claim against her arising out of the fact that the bicycle is damaged (I would imagine that this would be in the small claims court). The law is a bit pedantic in this respect. It would still apply under the CCR because of the fact that she paid the initial 50 per cent by the distance. Hope this helps. Please rate positive
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