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29 June, 2009 11:51PM
OK, having had a look, the bike in question, assuming that is what you received, is correctly labbelled for size. An 18" wheel bike is typically aimed at 6-8years,as it is mid way between the more common 16" and 20" wheel bikes. Stating it suitable for 9 is perhaps pushing it a little though!

So, here's your rights...

Cooling Off
You have a legal right to change your mind about any purchase for ANY reason for a minimum of 7 working days starting the day after recipt of goods. This 7 day right is possibly longer, depending upon the terms and conditions stipulated by the retailer. These terms and conditions must be provided to you at the point of sale in what the OfT refer to as "Durable Medium" ie printed paper, or an email which you can print off. If the retailer fails to provide "durable medium", the right to return extends (by law) for up to 90 days. If the retailer subsequently provides durable medium, the cool off period starts from that point in time.

You are required normally, to let the retailer know of your intention to return goods for a refund, however there is NO requirement for you to cite a reason.

A retailer is allowed by means of their terms and conditions (if supplied in durable medium) to stipulate that you bear the cost of returning goods to them (and this is normal) and for you to undertake returning them, OR they may offer to arrange collection (at your expense) should you prefer. If they do not make it known that the cost of returning goods to them is your responsibilty by means of durable medium, the cost does infact fall upon the retailer.

As far as the DIstance Selling Regulations (DSRs) are concerned, any initial delivery costs form an intrinsic part of the initial contract and are therefore also subject to refund should you later change your mind. Nothing written in a retailers terms and conditions can remove this fundamental right under the DSRs.

You are entitled, by law, to a refund of the full initial purchase price of the supplied goods, and the refund must be given WITHIN 28 working days. Delivery charges may be excluded from the refund IF you ordered multiple items and are only returning part of the order.

Your refund is NOT subject to reduction based upon the condition of the goods upon their return, HOWEVER you should be aware that you are legally obliged to take good and reasonable care of the goods until such time as they are received by the retailer. You are obliged (if stated in durable medium) to ensure they arrive in a satisfactory condition, HOWEVER the refund is not dependent upon this. The condition of the returned goods is subject to a new contract between you and the retailer to return the goods.


If you feel like taking it further, I suggest that you contact the retailer and demand your full entitled refund. Unless you kept part of the order, this must be for the full price of the bike AND any initial delivery cost incurred as part of the original contract.
If he insists on you being liable for damage to the bike, inform him that he is *not legally entitled* to withold ANY part of your refund and that, should he feel that you have failed to comply with your contract to return the bike, that he should pursue the matter via a civil court hearing as he *is* legally entitled to do.
If he still refuses to issue the full refund, state that, as is you legal right, you will pursue him through the court and lodge a complaint with trading standards.

For a business orientated explanation of your rights, this is the OfT guidance doc for to retailers for home shoppping: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf


Final thought
Please don't be offended by this, but I do despair however, when it comes to buying bikes for children and yet parents do not go and get their children sized correctly to make sure that:
a) they get a bike that IS a suitable size with minimal fuss and
b) the bike is (normally) built to a roadworthy standard rather than being assembled by a (well meaning) parent or relative on the carpet in the front room! Whilst I am not someone who would try to make out that putting a bike together is like brain surgery, there are things that can be easily done wrong.
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Recumbent bikes

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