Bought a bike - item not as described!

[tdm]

Not sure if this is the right section for this so please move it if it isn't. I bought a bike off another classifieds it arrived a couple of days ago. The seller described the bike as being in good condition and having had a recent service, and admittedly it looked alright from the photos. When it arrived I found that the frame/forks had some pretty deep scratches on, the bar tape was ripped along one side, hubs were noisy, rear wheel not true, headset was grinding and the gears needed adjusting. I can appreciate that the bike wouldn't be in perfect condition and might need some adjusting, particularly after transport, but I really didn't expect a bike that has supposedly just been serviced to be that bad. Also, the cosmetic damage is mostly on one side of the bike, which leads me to suspect someone might have come off it at some point, although I've quickly checked the frame and it seems to be alright. I normally always do deals like this face to face but I guess this occasion must have been a lapse in judgement.

I've emailed the seller to try and sort this out, but I've yet to receive a reply, and before the bike arrived he was very swift in replying. I'm willing to believe that he is busy for whatever other reason and can't check his emails for a little bit longer, before I try another approach.

I paid with PayPal so I imagine I can get a refund, but the cost of posting the bike back leaves me pretty out of pocket (£35-40 looking at Parcelforce) and really I don't want any extra drama. I figured maybe getting a partial refund to cover getting the bike serviced properly ( or at least servicing the hubs/headset) and the rest of the damage I'll just chalk up to bad experience.

Has anyone ever experienced something like this? Should I cut to the chase and raise a PayPal dispute straight away?

 

[Cyclist33]

you pays yer money...

 

[yello]

yep, caveat emptor and all that.

Depending on how much you paid (and I'm not asking btw, as the line is one you'll draw for yourself), I'd be inclined to chalk it up to experience and look to getting the bike to a ride-able standard.

 

[voodoochilli]

Get a paypal refund and then ask for the seller to arrange a courier...

 

[Peteaud]

. The seller described the bike as being in good condition and having had a recent service, and admittedly it looked alright from the photos. When it arrived I found that the frame/forks had some pretty deep scratches on, the bar tape was ripped along one side, hubs were noisy, rear wheel not true, headset was grinding and the gears needed adjusting. I can appreciate that the bike wouldn't be in perfect condition and might need some adjusting, particularly after transport, but I really didn't expect a bike that has supposedly just been serviced to be that bad. Also, the cosmetic damage is mostly on one side of the bike, which leads me to suspect someone might have come off it at some point, although I've quickly checked the frame and it seems to be alright.?

Cosmetic damage
Service yes, but did he get the repairs done. Any one can "service a bike"
Your definition of good condition and his may be, and probably are poles apart.

I would try and talk to the seller and see if some arrangement can be made.

Its why if i buy anything like that from ebay i go and see it.

 

[Davidc]

Get a paypal refund and then ask for the seller to arrange a courier...

This

and never buy a bike, motor bike, car, house or horse without seeing it first!

 

[Peteaud]

This

and never buy a bike, motor bike, car, house or horse without seeing it first!

Or a wife

 

[vernon]

It depends how PayPal was used to pay for the bike. I don't think there's any recourse if PayPal 'gift' was used. If the payment was made as a 'paying for goods' payment then PayPal will expect the purchaser to have made some attempts to resolve the dispute with the vendor before involving the dispute process.

 

[fossyant]

One persons idea of good condition is very different to another's. It is buyer beware.

 

[Cycling Dan]

If through paypal you can claim back on it. Credit card even easier.
Sales of Goods act permits that you r intitled to a refund and also trade description act which makes it illegal for the seller to list the item as such and you could report him to trading standards, if if any issue in getting money back threaten with this.
Sales of Goods Act allows a full refund. With postage that becomes the sellers issue if they want the goods back - You have no responsibility to pay to return the goods. If description by you is true it falls below satisfactory quality
"Each product sold must be as described, of satisfactory quality, and fit for purpose. "As described" refers to any advert or verbal description made by the trader. "Satisfactory quality" covers minor and cosmetic defects as well as substantial deficiencies and means that products must last a reasonable time but does not give any rights if a fault was obvious or pointed out at the point of sale. "Fit for purpose" covers not only the obvious purpose of an item but also any purpose determined at the point of sale as a result of queries by the customer and assurances given by the trader."

 

[Cycling Dan]

One persons idea of good condition is very different to another's. It is buyer beware.

There is only a minor difference. In this case its misleading. Breaking the Trade Descriptions Act 1968.

 

[Paulus]

Chalk it up to experience, do the repairs and move on.

 

[fossyant]

There is only a minor difference. In this case its misleading. Breaking the Trade Descriptions Act 1968.

Unless the seller is a business, it's buyer beware in personal purchases between individuals, so Trade descriptions don't apply.

 

[Cycling Dan]

Unless the seller is a business, it's buyer beware in personal purchases between individuals, so Trade descriptions don't apply.

Nope. If you sell an item and it has any sort of description then you fall under the Trade Descriptions Act 1968. Does not have to be a business at all. Im guessing the op bought it from some site like ebay or gum-tree which 1billion% is not exempt from this statute law.. Clearly two people just meeting wont fall under this but thats not what it seems to be.

 

[fossyant]

Nope. If you sell an item and it has any sort of description then you fall under the Trade Descriptions Act 1968. Does not have to be a business at all. Im guessing the op bought it from some site like ebay or gum-tree which 1billion% is not exempt from this statute law.. Clearly two people just meeting wont fall under this but thats not what it seems to be.

Sorry you are wrong. Trade description covers people and businesses trading as a business or trade, hence the name, not private sales. I suspect this is a private sale from classified ads between two individuals.

Best option is the seller accepts to pay for some repairs.