Getting my money back

[Traveller]

My husband bought a 49cc quad bike from a warehouse seller on the weekend. It was used for about 10 minutes by my 3yo and has practically fallen apart. The whole bike is of poor design and (I won't go into the technicalities) but the chain keeps falling off due to the design, and a few bits have broken already.

The bike we have was in a crate when we bought it, and is not the same as the one advertised online (plastic parts instead of metal, for example) and it is not, as advertised "heavy duty" if a 3yo can brake it with 10 minutes of riding.

I have phoned the company who have said to bring it in, and they will decide if they can offer a refund or not. If not they will repair the bike. We don't want it repaired, we want our money back. Anyone know what our rights are?

[Trillian]

You definitely have a right to a repair, replacement or a refund - fact is the bike clearly wasn't of merchantable quality and they should give you your choice of recourse. Maybe even call the Dept of fair Trading too and see what they have to say.

[Traveller]

Thanks Trillian, I am on hold to consumer affairs now so that I have all the facts. I don't want to go in all guns blazing and demand a refund if I have no rights to one IYSWIM.

Incidentally, we paid by credit card. Does this give us some extra protection?

[Trillian]

Not sure about giving you extra protection, but it is something else that proves you brought it if they get cagey about a refund.

[Traveller]

accordint to consumer afairs, I am entitled to a refund if it is not fit for purpose, significantly different to description, and unsafe. I think we can tick all these boxes. If he refuses to give me my money back I am to take the bike away and fill in a complaint form. She has no doubt I will get all my money back.

Now to drive in to Melbourne and have an argument with a man about a bike

[Party-of-five]

good luck I hope you get your money back

[toomanyshoes]

Yep you should be getting a full refund! Hope it goes smoothly

[ladybird11]

yup I was going to say - as the description is significantly different to what you got i say you definately have a case.

further info at www dot comsumerlaw dot gov dot au

Good luck!

[Trillian]

Fingers crossed that there isn't much of a 'fight' LOL and you get your money back quickly.

[Traveller]

well they refused to give me my money back

So step 2, complaint through consumer affairs. Let's just hope it is pain free. The guys who sold the bike acknowledged it is broken, tried to make it my fault (said I hadn't put it together right and an adult had ridden it - not true.) They offered me a repair or replacement, but said their policy is never to refund.

I wouldn't mind, but it was a 3 hour round trip. Pain in the bum!

[Bumperstump Cummerbund]

I love (not) how business frequently put up posters saying they don't refund when its actually against the law. How much crap do they get away with because people don't know they can fight?

[Junglemum]

What a PITA. Wait till he hears from consumer affairs, he should change his mind...

[Pandora]

Yep I'd make a compliant against them, just because it's their policy didn't make it legal. I know there are circumstances where a repair or replacement are all they are obliged to offer but I don't think it's the case in your situation.

[Epacris]

Grrr to them, what a PITA! Go get 'em! Goodluck.

[Traveller]

I checked with consumer affairs, and they are not allowed to offer me a replacement when I have asked for a refund (in this situation where the bike is faulty). The thing is, because I have offered the bike back and they refused, I can now keep the bike (and the free helmet and gloves) and get my money back. I just don't understand why they picked the hard route

[toomanyshoes]

Hopefully you get your money but quickly then!

[Gigi]

how crazy to say "policy of NEVER refunding". that is like saying "i am perfect and i only have perfect stock" - how ludicrous.

well now you have a "for spares" quad bike and the helmet/gloves - i think that is compensation for your travelling and being treated unethically.

You're so right, they have made things worse for themselves, now they are TWO bikes down, all because they woudln't be real with you. and with such awful customer service, you won't be a good ad for them in future. so they have triply shot themselves in the foot. idiots.

[Lenny]

That's crappy Trav. It's all well and good that you have consumer affairs on your side, but it's poor form on their part to put you through the unnecessary effort.
For sure they don't think you will go through all the fuss and they will have gotten away with it. Wonder how many people just give up with no fight at all?
Imagine if one of your LOs had an accident?