I recently bought a bike from 50 Cycles (Loughborough). It turned out to be not as good as expected, and although they did try to resolve the technical problems, I decided (after 2 short trips & one month) to return the bike and request a refund. As their web site advertises a 'no quibble guarantee' and '100% money back guarantee', I was very disappointed to receive a 'no quibble' refusal to refund my money. Not only that, but they have kept the bike.
Has any one else had a similar experience.?
Hi KMG440. I've checked and I can't find any 100% money back guarantee or anything like it on 50cycles' website, although cached you'll notice they've removed their "No Quibble Guarantee" claim and replaced it with "First Class Service" (I've pasted cached and current screenprints). What did your money back guarantee say? If it was as you say, then I think you have two easy options available to you. One is to speak to your credit or debit card provider and ask for a chargeback: the service paid for (a money back guarantee) did not materialise. However you would probably need to be able to say convincingly that such a guarantee existed. It is more difficult if no records exist online any more, however, the card provider will ask 50cycles and they must not lie.
The other easy alternative (if you paid by credit card - not debit) is to explain to your card issuer, that the service paid for, of a money back guarantee for goods you chose to reject, was not provided, and as a result you have no choice but to make a s75 Consumer Credit Act request to the card issuer, that they provide the service you paid the seller for, i.e. they provide a refund.
You've other options. It is open to you to make a moneyclaim
https://www.moneyclaim.gov.uk/web/mcol/welcome against the seller, however, this is all contingent on there having been a money back guarantee. If it is not written down but someone promised it to you verbally (that that was what 'No Quibble Guarantee' meant) then that isn't a problem.
I've read the current terms on their website (it's possible the terms you agreed to are completely different) and all that is mentioned by way of no quibble guarantee is the "manufacturer warranty" (their words). Which I find quite strange, in that I don't see why a manufacturer warranty would involve quibbling ordinarily. So to promise a "No Quibble Guarantee" on top does seem to be promising something more, although I'm not sure what. If there was nothing saying it was a money back guarantee then you could argue it before a small claims court as a fourth alternative course of action, however, like I say if there was nothing said or written at any time about there being a money back guarantee then I think the judge would have to reluctantly refuse you a straight refund. However if anything was said about a money back guarantee, then you've a much easier case, although again the conditions under which that guarantee operates then become important.
There is a fifth possibility, that if you contacted 50cycles to reject the goods, within 14 calendar days starting the moment you received the goods, then I gather that amounts to a cancellation of the contract. Under the old Distance Selling Regulations, a buyer had the right to unpack and inspect the goods, much as they might in a store, and (I believe) use them just enough to see what the goods' properties are. I'm not sure if your 30 miles are a bit above that level. However if there is a money back guarantee, then depending on its terms, your 30 miles need not stop you invoking that guarantee.
The last point to note is that you can waive what rights you may have just by accepting 50cycles' refusal to honour them (if that's what they're doing), and by accepting the goods back, and then using them or keeping them for more than a little while. You might therefore decide it's prudent that until you have clarity about what your rights are exactly (which is not necessarily what a retailer says they are), that it would be best not to accept the bike back just yet. If that's what you decide, you must tell them that they mustn't send the bike back yet.
Good luck.
