Know your consumer rights, by rantmandan

So a fellow courierererer broke his Giro Privateers today, snapped the sole about 3cm from the front. He went into the bike shop he bought them from and was told that they would not be warrantied because the shoes weren’t intended to be worn every day. He’s had them for less than 12 months. Is it right to think something is wrong here? How to proceed?

Email Giro, 'Gram it. Tag Giro, hashtag #messlife, make noise online, twitter (twit?) them. Etc.

Bullshit. From the website (emphasis mine):

“The Privateer™ combines a supple microfiber upper with two straps and a micro-ratcheting buckle, a reinforced toe box and a stiffest-in-class nylon outsole that rivals the performance of more expensive composite designs. Aggressive, dual-density lugs give excellent traction in dirt and mud, and can be outfitted with toe spikes. A supportive EVA footbed with Aegis® anti-microbial treatment enhances comfort and fit. If you need a shoe that stands up to hard riding and racing, this is the one.

“Giro Bike: If your Giro bike helmet, footwear, gloves, socks or apparel are found to be defective in materials or workmanship, Giro warrants these pieces for one-year from date of purchase, and we will, at our sole option, either repair or replace your product free of charge.” Source: http://www.giro.com/eu_en/warranty-claim-form/

I’d tell your mate to go back to the shop and explain to them that they understand that Giro provides a 1-year warranty, and that they can check the website if they don’t know that, and that if they do not offer a repair, replacement or refund then the matter will be taken up with the relevant consumer watchdog.

Yep I agree and If that fails go over their head to giro

Or the local distro as thats where Giro will very likely refer you to.

Yeah agree totally with Ant. The ACCC clearly states the info on their website about consumer guarantees, and that this product should be able to do what it’s designed to do.

Check this:

Consumer guarantees | ACCC

And this:

Consumer guarantees - a guide for consumers | ACCC

Plus use the Giro information Ant has supplied, and if you don’t get a result from this stupid shop, go direct to Giro. In short, what this shop is saying and doing is illegal.

Bought a pair of wireless headphones less than a year ago from officeworks, already starting to drop out.
If I have the warranty/receipt can I just go in and get a refund (I need the money for an NZ trip next week and really don’t want another pair).

Guy at work seems to think it’ll be just able to swap for a new pair.

Yep. It’ll be for a new pair, not refund. (Only know because I’ve tried to do the same before)

I keep a spare broken pair of Apple earphones at home just to replace them every year…

It’s the company’s right to choose whether to refund or replace. They might refund if they no longer stock the item.

I’m getting the run around from BikeOnlineShop, which operates out of Austria.
My SON Edelux, which I bought back in January but haven’t used, doesn’t work.
Here’s a transcript of our email conversation so far:

Hello
My bike builder has just tried installing the SON Edelux 2 headlight I
purchased and informed me that it doesn’t work due to a short circuit or
something similar.
How can I organise a replacement?

we can’t refund your item, because your orderwas longer as 6 month ago

Thank you for your quick reply.

I understand it has been a while since I purchased the light, but it has
been sitting on a shelf, unopened in the box the whole time.
Also, since you are a European business, don’t you have to provide a two
year guarantee, as per this
http://europa.eu/youreurope/citizens/shopping/shopping-abroad/guarantees/index_en.htm

Hello Lee,
we are the bikeonlineshop and we are sell many items, your link belongs to the guarantee of the producer of products.
we cannot resell your product.

Bikeonlineshop has a two year warranty for all goods, as it says on your
own website https://www.bikeonlineshop.net/info/general-terms-of-trade
If you can’t refund the light, can you at least replace it?
Also, my name is Adam, not Lee.

Hello Adam,
Unfortunately, we are unable to accept a return of the product in question. The mentioned product was ordered from the manufacturer and is not part of our permanent assortment. The 2 year guarantee is assosiated with the manufacturer and not with Bike Online Shop.
We thank you for your understanding in this matter.

He’s coming up with excuse after excuse. Does anybody know what course of action I can take given I’m in Australia and they’re in Austria?

He’s coming up with excuse after excuse. Does anybody know what course of action I can take given I’m in Australia and they’re in Austria?

I don’t want to click that link and give the cops an excuse to come knocking

I recently had a horror experience with an Italian frame builder. After months of email correspondence containing countless lies and excuses, I attempted to make a claim to my money through PayPal. They were useless, but did suggest to me that I contact my credit card provider to see if they could assist with a claim.

Contacted CommBank by phone then provided them with a lengthy email transcript. The full amount was promptly recovered.

Not saying this will necessarily work in your case (the main difference is that you have possession of the product, whereas I paid for mine and never received it), but knowing what a quick and painless procedure going through my bank was, I know what I’ll be doing if a similar situation arises.

Try contact SON directly, It’s partially their reputation on the line.

I’d be doing this.

i thought I’d have one more go and threaten to escalate:

My contract is with BikeOnlineShop, not the manufacturer, as per your own website (“8. WarrantyThe warranty period for all products and goods supplied by us 24 months, unless otherwise stated” (emphasis mine)).

Are you going to honour your legal obligations to provide a warranty or do I have to escalate this matter with the appropriate authorities? Having dealt with such matters previously I know that taking this through the authorities will be more costly for you than if you just honoured the warranty by replacing or refunding the light.

This got a response:

Dear mister Lee,

As you can see on our website, the warranty for the product is 24 months. The warranty covers malfunction of products you have bought from us. In case, your product would be not working any more, as it is intended to do, then you can send us the product back, it will be repaired or replaced and then returned to you. This is, was the warranty unter paragraph 8 covers - the right in the European union of every consumer with we also offer to customer outside Europe. And in Austria of course too.

As far as your correspondence shows, you want to return the product/withdrawal the contract more than 7 months after arrivial because you do not need the product any more or it does not fit your requirements or whatever. In this case it is not a warranty issue, but an issue of withdrawal the contract between bikeonlineshop and you. On our website you will also find the regulation of withdrawal. There is stated, that the a withdrawal can be done within 7 days after arrival of the product without stating any reason
A revocation/withdrawal of the contract may take place within 7 days from receipt of goods, stating the reason to us. You have to return the goods simply to us, and the amount of the purchase will be refunded to you. This information was also sent to you by email when purchasing together with the order confirmation. In addition, you can view these on our website.https://www.bikeonlineshop.net/info/right-of-withdrawal

In summary, I hold on: You have recieved almost 7 months ago (and not 7 days ago), and now you ask for your right of withdrawal, which is only effective 7 days after receipt.
Legally warranted, we are not obliged to take the goods back after such a long time back (withdrawal). As a rule, a goodwill solution with the customer is search for, if the goods are still returned after maximum of 6 weeks of receipt. But, in your case 7 months have passed. Moreover, it is so that we have ordered the product from SON specially for you and it can no longer return it to SON after such a long time.
For this reason, my employees wrote you that a withdrawal is no longer possible. Anyway, in case of damage neither of the dynamo nor of the headlight, as described on the website, the 24-month warranty is still effective.
Of course, you can also read law and call appropriate bodies.
As we in this context, the law according to EU-wide and in particular the Austrian law (which is also contractually agreed)

it pisses me off that he’s telling me what I already knew. I’m getting major vibes that he’s screwing with me in the hope that I’ll go away.
I’m worried that if I do send it back that they’ll say I broke it and it’s not covered, and I’ll be out of pocket even more.

I think I’ll try SON directly first. Thanks for the advice.

Maybe your next email might include something along the lines of:
I have discussed this problem on four cycling forums now, naming your company of course so no others were unfairly blamed, and the consensus is that your behaviour is poor and should be remedied.

Or you could just push this as far as you can for the fun of it. Treat it as a game rather than getting pissed off. It’s costing them everytime they have to respond to you so they might even roll over (hah)

Oh, and I’m guessing you won’t be buying from them again (hey, small action but at least it’s action)

i think the limit on challenging credit card charges is 6mths. Or it was when I was dealing with it for work a few years ago.

reversing credit card charges used to have an interesting effect on parking/traffic infringements in NSW if timed right. :wink:

So it seems that they’re ignoring the fact that it doesn’t work. He’s saying that it’s withdrawal from the sale or somesuch, but the fact is that the item just plain doesn’t work.
Go to SON. Copy them in on the email trail, explain that it’s DOA, not that you just changed your mind.

If that fails, do the usual tagging the seller on social media etc, then do the same for SON.

Think you’re right: they’re deliberately obfuscating.

Even though it’s longer than 6 months, contact your card provider!

At worst, you’ll spend a few minutes on hold, then chat to somebody who tells you it’s a no go.

You’ve got a shitload of email evidence. Give it a crack.