Bought a used bike, money back?
Hello, two days ago I bought a used bike from a bike shop with a purchase contract, but now I've noticed that the gears aren't working properly and it's strange to pedal. My question is, is he legally obliged to take the bike back and give me his money back, or can he just say that it was me and that it wasn't there before?
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No. The seller only has to carry out the repair for you free of charge.
He can 🙂
First of all, you have a right to have the defect remedied. The dealer must repair it. However, they are not obligated to take the bike back.
That's exactly why we expect our customers to always do a test drive first so that something like this doesn't happen 😉
That's exactly what I did, I'm not stupid and you assume that even in a decent shop, the people know what they're selling and that you don't get crap, although I even know that he knew and just wanted to get rid of it, which is even worse
Yup, and if the fault wasn't found during the test drive, there's no warranty.
The warranty only covers defects that existed before and at the time of purchase.
It would certainly be better if you thoroughly inspected your bicycles yourself for material defects before selling them.
Yes, I will have to do that first, anything else wouldn't work
@SeinePestilenz because I assumed, as I said, that he is a good guy and not fake and sells other people some crap so that he finally doesn't have it anymore
As usual, if you want to take legal action, please do so, but you will be told exactly the same thing, namely that you have to give the dealer the chance to remedy the defect.
But I'm not talking about 4 weeks here, but about a few days and a gearshift that was already broken in advance, which of course you only notice on longer journeys
Of course I did, but often it's obvious and pretty easy to prove.
But you've heard of the reversal of the burden of proof in statutory liability for material defects, right?
You can forget about filing a big report. There's no crime committed.
However, you can sue them in civil court if they deny liability. The court will then decide whether it's actually a warranty claim or not.
Then do as you see fit.
Now calm down! 'Big notice,' that's ridiculous! You're dealing with civil law.
That's why we also insure ourselves through the workshop that repairs the bikes; the labels aren't attached to our used bikes for decorative purposes.
If it was roadworthy and checked, then there's nothing to fix.
The defects occurred afterwards.
What is there that the buyer shouldn't notice about a bicycle?
We often have problems like this, as mentioned below, with the customer who comes back after 4 weeks and demands his money back, even though everything was previously repaired by our in-house bike repair shop. We do repairs for free, but we also know our customers who unfortunately keep trying. 🙂
If it was actually perfectly fine before, of course not. However, the burden of proof lies with the dealer during the first 12 months.
@SeinePestilenz let it go, your question isn't helping!
However, there are also some that the buyer didn't notice before the purchase. In that case, the test drive doesn't provide any relief for the dealer.
@DerCaveman I know that the guy knew that the gearshift was screwed. People like that are ridiculous and don't deserve to have a bike shop. He'll get a big complaint from me if he doesn't cooperate.
Then I wonder why you bought the bike? It must have had these defects before. As Caveman already said, the seller has a fair chance to fix it.
Unfortunately, I know it myself. Not with bicycles, but I know it 😅
It actually happens more often than you might think.
We do, we have also put up notes just in case what you should pay attention to 😉
However, if after 4 weeks a customer comes and says the bike is broken even though it was perfectly fine before then you can't really blame the seller.
There are enough idiots who want defects that appeared later to be fixed.
They also think that the dealer gets the goods and the repairs for free.
No, he doesn't have to take it back, he just has to make improvements.
The dealer may make improvements.
So complain and give him the opportunity to repair it.
Only after two failed attempts can you insist on a refund.
I wouldn't do that. The used bikes at a bike shop are rarely in really good repair, but the people there will happily fix anything you have a problem with. It's free.
You don't have a general right of return. That only exists online so you can look at the product… you could look at it in the store. The retailer can, of course, accept returns voluntarily .
One thing you do have, however, is a warranty that the product matches the description. So, if you buy a fully functional bike, the seller is responsible for ensuring that it is fully functional. If it isn't, they'll have to repair it.
So you bring the bike back and he should fix the problem.
Only if the seller fails to adequately remedy a defect after several attempts (although this is his responsibility) can the purchase be reversed.
If he really wants to sue, then he should try it; they won't tell him otherwise. 😉
If he repairs it properly, which is his duty, and the bike is then permanently fully functional and the gearshift is not broken again after a few weeks, then everything is fine.
Think about it for a moment! And don't pretend I want to sue right away!
You know, once a circuit is properly adjusted, it won't adjust itself.
Then you should give him a chance first and not rant about it so pointlessly.