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new bike ordered in march is delayed again (October!)

so, I ordered a ne road bike in March of a european brand via a non-local bike shop.  

It was originally due in June.  But the date has been moved back and back until I was told 15 september.  15 September coems and goes and i get in contact with th bike shop and now they are say it wont come from the supplier until 15 October.

I'm getting somewhat fed up with this, and wondering what rights I have.  I have paid a very significant deposit!

Cheers

David

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10 comments

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peted76 | 2 years ago
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Shifting sands of delivery dates..I'd say you're within your rights to get your money back (depending on how bespoke it is).. although the bespoke part has proved irrelevant to the delays. 

As you've paid via paypal you'll have 'extra protection' for a limited time at least, paypal are very good at getting your money back. 

 would say first thing is to explore the options with the UK shop, how they dealt with you at that point would influence 'my' thoughts on what to do next. 

Also a point, it's heading into winter now, so a delay to Feb 'might' not have that much real worl impact on you (depending on how you wanted to ride this bike). 

Conti tyres have been in short supply all year, but £120 in consumable tyres is not a reasonable response to why a £000's bike is delayed. They 'could' discount the order by £120 as it's their supply problem and you can source your own tyres.

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Simon_MacMichael | 2 years ago
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Hi Dave

Could you email me on info [at] road.cc about this for an off-the-record chat?

Cheers.

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OnYerBike | 2 years ago
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When you say a "european brand via a non-local bike shop", the important question (in terms of your customer rights) is was it still a UK-based bike shop, and so the sale would be subject to UK consumer rights laws? (To be fair anywhere in the EU has pretty good consumer rights, but I am less familiar with the details).

Assuming you are covered by UK laws, then the Consumer Contracts Regulations (https://www.legislation.gov.uk/uksi/2013/3134/regulation/30/made) are probably the most straightforward route to a cancellation, as (for orders covered under the regulations) you can cancel the order at any point from the point you enter into the contract until two weeks after delivery.

There are some orders that are not covered by the CCR (particularly relevant may be "goods that are made to the consumer’s specifications or are clearly personalised"); however, even in those cases you can fall back on the Consumer Rights Act (2015), specifically S28 which deals with delivery (https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted). If you intend to rely on the CRA, I would say your best bet is to follow subsection (7) now and inform the retailer of "a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period."

The legislation doesn't provide much detail of what is "appropriate" but I would be inclined to say informing the retailer that you require the goods to be delivered within two weeks of 15th October (to give them a chance to build and ship the bike once receiving it from their supplier) is reasonable. 

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don simon fbpe | 2 years ago
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How bespoke is the bike?

There are still shortages of parts on a global scale, I think UCI has just changed the rules for U23 races and equipments choices due to the shortage. It might be a question of sucking it up or changing spec to suit your new financial position.

I would have a word with the bike shop. If the whole order has been undertaken via internet, won't you have the 14 days after delivery to reject (and the time from order up to 14 days after is the period for cancelling)? if so, you should be able to reject and cancel unless bespoke. The shop might have the upper hand here if you have deviated froma standard spec. What does the small print on the contract say about cancelling?

I would do some reading up on consumer law so you can talk to the bike shop with facts and reason. don't go with all guns blazing, nor would I advise cancelling or lookingfor clawing back cash. Pissing off the shop might not be the greatest plan at this stage.

With any luck someone with a far greater understanding of contract and consumer law than I will be along with all the details.

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fpdave100 replied to don simon fbpe | 2 years ago
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Its a bespoke colour scheme to the frame.

Bike shop is UK based

I've paid 50% deposit, and really dont want to be in danger oif losing that.

I'm just exploring my options.

I dont want to piss of the bike shop, or make them lose lots of money

mmm, the bike shop website states: (its got a unique paint job - clever ploy?) "

Unless otherwise stated in writing, deposits are non-refundable on special order, custom built or bespoke items once orders have been confirmed.

5a. Bespoke items include: bikes that are not part of a manufacturer’s factory built or standard catalogue range; made to measure framesets; hand-built wheels; unique paint finishes; bikes that have been altered to fit, e.g. by cutting the steerer; bikes that have been tailored with component changes."

but a statement like that may not override consumer rights?

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don simon fbpe replied to fpdave100 | 2 years ago
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That sounds about right and fits with consumer rights' legislation. For obvious reasons, a manufacturer might be lumbered with a bespoke item as a customer cancels. What constitutes bespoke might be up for debate. If the paint scheme is a from a drop down menu, is it bespoke? if you send in a sample to be colour matched, that's beyond debate. The law is generally black and white, except the bits you can challenge.  3

Have you considered taking the frame and building it yourself? Or considered a different build from the shop?

EDIT: How far down the painting process is the manufacturer? If they haven't started the bespoke elements, they might be flexible on the cancellation.

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Hirsute | 2 years ago
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How did you pay and is it Ribble?

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fpdave100 replied to Hirsute | 2 years ago
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its not Ribble, and I wont say, and I paid by Paypal credit actually!

I mean, they have given me god reasons - couldnt get hold of Shimano Ultegra Di2, then couldnt get hold of continental tyres, but gave me a choice to wait until feb '23 or change to Perelli.

just wondering if cancelling is an option, as obviously my finances have changed quite a lot since March,. and not really for the better!!

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AlsoSomniloquism replied to fpdave100 | 2 years ago
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TBH you should be able to cancel at any time if the goods have not been delivered or are to the standard when recieved. 

The tyres moan does seem weird though. Stick anything on and refund the difference. (Edit: to be clear, I meant the supplier holding up the bike for several months for the sake of a version of rubber)

Surprised you don't want to mention the brand, unless they are the only ones supplying said Bike Shop.

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Freshmn09 replied to fpdave100 | 2 years ago
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Was about to say you're not alone, also Ordered bikle in May on cycle to work, got delayed from 2sept to 7 october, originally frames were delayes (assume ship being slower than expected or similar) then turns out Shimano are still being seriously tardy with their deliveries. 

Large swathes of China are still in and out of lockdowns, then the Yangzee river dried up causing factory shut down due to no electricity, (I know Shimano make most of their high end stuff in Japan, but small components still are made there) 

don't know about tyres.

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