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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In January this year I purchased privately a Cervello road

Customer Question

Good morning
In January this year I purchased privately a Cervello road bike frame, my local bike shop built the frame up with all new running gear as was required, after riding the bike for approximately 50 miles I suffered with severe pain in my lower back, after a consultation with a physic locally it was decided that the bike was too small for me and I would require a larger size.
With this in mind the bike was advertised on EBay in March, the listing was very detailed and every single part was itemised.
I received a telephone call from a gentleman from Leicester who wished to inspect the bike with the intention of making an offer to buy, but not using EBay to save on the fees.
We met close to Chester one evening where the bike was inspected, test ridden etc and an offer to purchase the bike for £1800 was accepted ( the cost of building the bike had been in the region of £3000, the frame had cost £1000, running gear £2000)
£1800 cash was paid for the bike and the gentleman left for on his journey home.
Several weeks later I had an e-mail or telephone call from the purchaser telling me that he suspected that the bike frame might be counterfeit, I again explained to him where I had purchased the bike frame and that my seller seemed a genuine man who had told me he dealt in ex pro cycling team frames and I had no reason to doubt him.
My purchaser has now had the bike frame confirmed as being counterfeit and requires a refund.
How is my position in law? He has, no doubt used the bike for several months which would result in all the new running gear now becoming used and worn and whose value is considerably less than when purchased new.
The only item that he states was counterfeit is the bike frame, everything else was purchased and assembled by my local bike shop, with all this running gear which he accepts is 100% authentic and with a value new in excess of £2000.
He now states that he wishes to return the item and receive a refund in full.
Do I need
Has he had full value for th £1800 paid and do I need to refund anything?? Or do I need to have just the frame returned to me, but then how is this valued?
Or am I obliged to do nothing at all as he had every opportunity to inspect the bike and decide for himself if he wished to buy it or not?
your advise would be invaluable
thank you
regards
***** *****
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hello David my name is ***** ***** I will help you with this.

What is it you want to achieve please?
Do you accept its counterfeit?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 7 months ago.
Hi
My telephone number is ***** 364176 /***********
Expert:  Ash replied 7 months ago.

Thanks. Alex

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