Lessons "I" learnt buying a bike overseas.......

Brasco82
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Lessons "I" learnt buying a bike overseas.......

Postby Brasco82 » Mon Sep 14, 2009 1:10 pm

After having read through the very good thread about someone else purchasing a bike overseas I have decided to post my own giving a little bit of a different view on the process, I felt this situation was different enough to warrant a separate thread so it would not dilute the great info of the previous one....

But enough rambling on with the story; I purchased a Mountain Bike from an online retailer that I had used many times before with no problems. The bike itself was 40% off and already being well under Australian retail you can imagine the savings :shock: . I researched before buying and was confident it was what I wanted and would fit appropriately, the bike was stated as having XT components and DT 1800 wheels on the website but the photo showed SLX and DT 1900 so I sent an email to sales confirming what spec the remaining bikes actually had. Email was received saying it did indeed have XT and DT 1800's so I ordered straight away as to not miss out.

I'm sure you can see where this is going, however before the bike reached me I had to send an email after 12 days (I was away in the outback) asking for a tracking number and was informed the bike had not been sent, so it actually took a bit over a month to get to me after clearing customs. For the record customs did not accept the concession code for duty so I was stung an extra 5%. Being super excited to finally receive my bike I opened the box for an inspection and YES it had SLX and completely different wheels with Alexrims DP20 rims on low end shimano hubs. Not being the bike I ordered and worth substantially less money I emailed sales informing them of their mistake and providing the email from them confirming XT as spec, I said I hope we can resolve this issue quickly. The reply was "we are really sorry here is a $40 store credit to make up for it", as you can imagine I was not to happy with that reply and have been emailing them asking for the correct parts to be sent. This has been going on for at least two weeks now with no end near, they are now saying that they may be able to provide "SOME" compensation due to the lower spec but are unwilling to send the correct parts due to cost to them.

I am frustrated and angry and have been trying to be reasonable to solve this problem but am fast loosing patience. I have a bike that I did not order ( I really wanted the bike with XT), that I can not ride (or build up) and have paid too much for. So please be absolutely sure the bike is speced appropriately, I would say call them but the phone number I have for this store goes to a message service. If anyone has any tips on how to handle this situation, maybe your a lawyer specialising in international trade, please let me know as I am running out of options.

Thanks for listening..........

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familyguy
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Re: Lessons "I" learnt buying a bike overseas.......

Postby familyguy » Mon Sep 14, 2009 1:30 pm

Some other more learned members may be of more help, but I have a question up front.

Was this from one of the well-known Australian, UK or US suppliers? Or a lesser known European or Asian supplier? You dont have to name names, but country of origin may determine advice given.

You say you've used them before. For any purchase of this size? Or more for parts?

Jim

Brasco82
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Re: Lessons "I" learnt buying a bike overseas.......

Postby Brasco82 » Mon Sep 14, 2009 1:42 pm

Jim,

The store is based in the UK, I have bought more parts from them and never had a problem until now. The bike brand is very well know although not as common as others, the bike is speced with XT on the manufacturers website as well, hence I thgouht I wouldn't have any problems.

At this moment in time I am unwilling to name names as we are still negotiating and they may come good in the end.

Live and Learn.

tripstobaltimore
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Re: Lessons "I" learnt buying a bike overseas.......

Postby tripstobaltimore » Mon Sep 14, 2009 2:37 pm

I think I can probably guess the name based on a similar experience I had.

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familyguy
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Re: Lessons "I" learnt buying a bike overseas.......

Postby familyguy » Mon Sep 14, 2009 3:06 pm

Leaving names aside (there's been issues requesting removal of names of stores on here from mods which is understandable), then resolution via email or phone calls (if they get through) is your best bet as stage one.

Failing that, a call to Consumer Affairs with some pertinent details may assist. I'm not sure of their overseas purchase scope though, but if you're not getting answers then an email to the supplier with a 'Consumer Affairs Australia reports that x, y, and z should occur under trade practices act (or something similar)' might just be the kick they need.

Jim

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Re: Lessons "I" learnt buying a bike overseas.......

Postby jacks1071 » Mon Sep 14, 2009 3:12 pm

familyguy wrote:Leaving names aside (there's been issues requesting removal of names of stores on here from mods which is understandable), then resolution via email or phone calls (if they get through) is your best bet as stage one.

Failing that, a call to Consumer Affairs with some pertinent details may assist. I'm not sure of their overseas purchase scope though, but if you're not getting answers then an email to the supplier with a 'Consumer Affairs Australia reports that x, y, and z should occur under trade practices act (or something similar)' might just be the kick they need.

Jim
Consumer Affairs have no authority over a business that does not reside in Australia so you have nothing to fall back on other than play nice with the store and HOPE they fix the problem.

Its a good example of a reason to buy within Australia. Thanks for posting the message though, people are often quick to speak of their savings but not so quick to talk about the losses sometimes when something like this happens.
Last edited by jacks1071 on Mon Sep 14, 2009 3:34 pm, edited 1 time in total.
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Re: Lessons "I" learnt buying a bike overseas.......

Postby m@ » Mon Sep 14, 2009 3:19 pm

jacks1071 wrote:
familyguy wrote:Leaving names aside (there's been issues requesting removal of names of stores on here from mods which is understandable), then resolution via email or phone calls (if they get through) is your best bet as stage one.

Failing that, a call to Consumer Affairs with some pertinent details may assist. I'm not sure of their overseas purchase scope though, but if you're not getting answers then an email to the supplier with a 'Consumer Affairs Australia reports that x, y, and z should occur under trade practices act (or something similar)' might just be the kick they need.

Jim
Consumer Affairs have no authority over a business that does not reside in Australia so you have nothing to fall back on other than place nice with the store and HOPE they fix the problem.
Not quite right; I'd be talking to Consumer Affairs' UK counterpart, the Office of Fair Trading.
I've seen things you people wouldn't believe

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Re: Lessons "I" learnt buying a bike overseas.......

Postby jacks1071 » Mon Sep 14, 2009 3:36 pm

m@ wrote:
jacks1071 wrote:
familyguy wrote:Leaving names aside (there's been issues requesting removal of names of stores on here from mods which is understandable), then resolution via email or phone calls (if they get through) is your best bet as stage one.

Failing that, a call to Consumer Affairs with some pertinent details may assist. I'm not sure of their overseas purchase scope though, but if you're not getting answers then an email to the supplier with a 'Consumer Affairs Australia reports that x, y, and z should occur under trade practices act (or something similar)' might just be the kick they need.

Jim
Consumer Affairs have no authority over a business that does not reside in Australia so you have nothing to fall back on other than place nice with the store and HOPE they fix the problem.
Not quite right; I'd be talking to Consumer Affairs' UK counterpart, the Office of Fair Trading.
If you arn't a UK resident I can't see they would be too interested in you.
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Re: Lessons "I" learnt buying a bike overseas.......

Postby fixed » Mon Sep 14, 2009 3:49 pm

jacks1071 wrote:
m@ wrote:
jacks1071 wrote:
Consumer Affairs have no authority over a business that does not reside in Australia so you have nothing to fall back on other than place nice with the store and HOPE they fix the problem.
Not quite right; I'd be talking to Consumer Affairs' UK counterpart, the Office of Fair Trading.
If you arn't a UK resident I can't see they would be too interested in you.
other than the retailer would be bound by the applicable local jurisdiction, so yes they would be interested as a legitimate export customer of the company providing the goods.
The UK Sale of Goods Act (similar to TPAct) provides for 'goods as described'. The issue would be whether the goods as sold by the retailer were the same description as the manufacturers website. An expectation of quality may exist if the retailer directly linked to the manufacturer, with descriptions of the quality of components.

The relevant national consumer protection agency would still have carriage for international customers, given legal authority to export
http://www.consumerdirect.gov.uk/after_ ... ourrights/
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Re: Lessons "I" learnt buying a bike overseas.......

Postby a » Mon Sep 14, 2009 4:05 pm

jacks1071 wrote:If you arn't a UK resident I can't see they would be too interested in you.
No harm in trying tho is there?

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Re: Lessons "I" learnt buying a bike overseas.......

Postby m@ » Mon Sep 14, 2009 4:25 pm

jacks1071 wrote:If you arn't a UK resident I can't see they would be too interested in you.
They may not undertake legal action on his behalf - but would more than likely make a phone call, which is often all that's required to pull rogue retailers into line.
I've seen things you people wouldn't believe

Brasco82
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Re: Lessons "I" learnt buying a bike overseas.......

Postby Brasco82 » Mon Sep 14, 2009 4:57 pm

Thanks for the replies everyone,

Just a little note as I had forgotten to put it in, I have contacted ACC, the Office of Fair Trading and the Consumer Group UK branches. All were very helpul in explaining what the shop should do under law but getting the shop to do it is another matter. They know I have contacted them and made complaints but it seems becasue I am sitting here in Australia they seem to think it's ok to stuff me around.

I do have a trip to the UK coming up at the end of the year maybe I should just pay them a visit :twisted:

My requests for a phone number have been refused, although I'm sure we could sort this out pretty quickly on the phone.

We'll wait and see what they come up with after the weekend, maybe I'll get $80 store credit?????

fixed
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Re: Lessons "I" learnt buying a bike overseas.......

Postby fixed » Mon Sep 14, 2009 5:26 pm

In the UK and Wales as long as the value of the claim does not exceed £5,000 you can file a claim with the small claims court for a modest fee and without the need for a solicitor, your local Citizens Advice Bureau can advise you on how to make a claim, in Scotland in the Sheriff’s court the value of a claim can be up to and including £3,000 you do not need to appoint a solicitor but court and legal fees may apply.
You are now engaged on a cost benefit analysis. You are still covered by your rights as a consumer. A visit to a couple of British based cycling forums might be able to provide you with local offers of assistance or advice.
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Re: Lessons "I" learnt buying a bike overseas.......

Postby didge » Mon Sep 14, 2009 9:45 pm

jacks1071 wrote: Its a good example of a reason to buy within Australia. Thanks for posting the message though, people are often quick to speak of their savings but not so quick to talk about the losses sometimes when something like this happens.
+1. A true measure of a good store isn't how well things go right, it's how they fix it when things go wrong.

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Re: Lessons "I" learnt buying a bike overseas.......

Postby m@ » Tue Sep 15, 2009 9:16 am

didge wrote:
jacks1071 wrote: Its a good example of a reason to buy within Australia. Thanks for posting the message though, people are often quick to speak of their savings but not so quick to talk about the losses sometimes when something like this happens.
+1. A true measure of a good store isn't how well things go right, it's how they fix it when things go wrong.
'course, bad shops don't just exist overseas... otherwise the ACCC would have no reason to exist.
I've seen things you people wouldn't believe

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Re: Lessons "I" learnt buying a bike overseas.......

Postby didge » Tue Sep 15, 2009 11:32 pm

m@ wrote:
'course, bad shops don't just exist overseas... otherwise the ACCC would have no reason to exist.
Not saying they don't, but problems usually get taken a bit more seriously when you are there in person.

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Re: Lessons "I" learnt buying a bike overseas.......

Postby Aushiker » Sun Sep 20, 2009 1:37 am

m@ wrote:
jacks1071 wrote:
familyguy wrote:Leaving names aside (there's been issues requesting removal of names of stores on here from mods which is understandable), then resolution via email or phone calls (if they get through) is your best bet as stage one.

Failing that, a call to Consumer Affairs with some pertinent details may assist. I'm not sure of their overseas purchase scope though, but if you're not getting answers then an email to the supplier with a 'Consumer Affairs Australia reports that x, y, and z should occur under trade practices act (or something similar)' might just be the kick they need.

Jim
Consumer Affairs have no authority over a business that does not reside in Australia so you have nothing to fall back on other than place nice with the store and HOPE they fix the problem.
Not quite right; I'd be talking to Consumer Affairs' UK counterpart, the Office of Fair Trading.
The UK has specific laws relating to distance sales which are in place to provide some protection for overseas purchasers. To quote, Chain Reaction Cycles.
Chain Reaction Cycles (c r c) is a UK based company and complies with UK consumer law including the Distance Selling Regulations.
It might be worthwhile checking out regulations and options available under same.

Regards
Andrew

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Re: Lessons "I" learnt buying a bike overseas.......

Postby Aushiker » Sun Sep 20, 2009 1:43 am

m@ wrote:
didge wrote:
jacks1071 wrote: Its a good example of a reason to buy within Australia. Thanks for posting the message though, people are often quick to speak of their savings but not so quick to talk about the losses sometimes when something like this happens.
+1. A true measure of a good store isn't how well things go right, it's how they fix it when things go wrong.
'course, bad shops don't just exist overseas... otherwise the ACCC would have no reason to exist.
There is more than one good example in these forums as to why the likes of the WA Department of Consumer and Employment Protection are around. The big one involved Trek and a certain bike chain ... outcome .... new bike ....

Andrew

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