Electric bike 2nd hand - not as described
Answered
On 20th December I purchased a 2nd hand electric bike. The seller assured me that they had charged it no more than 100 times. Also assured us that we would not need to replace the battery for a long time and that the bike was in full working order.
I used it the next day - 15 km on one battery charge. No problems ( though I hardly used the power assist- mainly cycled manually). I then charged it and stored it till 29th December, when I used it for the first time again.That day the battery stopped after 10 minutes. We can't get it to work again. Am I entitled to a full refund?
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The short answer would be - yes (with the information you have supplied). If this seller is marked "In Trade" then 100% they have a responsibly to manage buyer expectations, if they assured you that the battery would last a long time without being replaced, then 9 days would not count as a long time.
Can I ask if it was a Rikconda? Those things have terrible batteries.
Also how much did you pay? Say if the bike was $50 then it could be said, that at that price your expectations had been managed, and the value of the components is worth more than $50, and you brought a project, and were lucky to get the use out of it that you did.
If the bike was say $450, then 9 days is no where near reasonable use.
Have you been in contact with the seller? This could be a result of some nuance with the charging procedure that you missed or something. Just reach out to them (polity) and just ask them, and communicate that you are having trouble, they might be really horrified that you are having an issue, and pony up a refund straight away, or offer a fix, or even another battery.
If your seller is just a normey - so someone who just sold a bike, not an in trade dealer, then the rules are not so clear cut, but the reality is, is that most people are prepared to reasonable, as long as you are polite, friendly, and non-hostile, you should be able to come to some agreement between yourselves without having to involve T-Me or disputes tribunal. Although if it does get to mid January, and its still not resolved you should probably contact trade me through "live chat", just to let them know something is up.
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Callum Community SuperuserHi Rana. Generally no, you can't expect a full refund. Under NZ law it is the sellers prerogative to decide if they want to repair, refund or replace. This is if you purchased it from an in-trade seller. If you purchased from a casual seller, which is probably more likely, then as Simon says you just contact them and ask how they would like to resolve it. Legally they don't really have to do anything. It is a second hand item. It would come down to that statement of theirs that the battery and bike is in perfect condition. You would have to argue that through the Dispute Tribunal if they wanted to dig their toes in.
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I paid $320.00 for it. When i purchased it, I kept saying I wanted to buy a spare battery in case I needed it. He said he had contacts but assured me consistently that it wasn't necessary. I doubt he is " in trade'. Its one his partner used for about a year. However it wasn't "sold as is". Surely that counts? Very nice couple. I have no reason to believe anything underhand. I have contacted him and he is willing to help out by contacting the manufacturer. Unfortunately it was purchased overseas. and I don't speak the language.
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S Community SuperuserEditedKia Ora Rana,
TM do support claims of Faulty Goods within a reasonable timeframe - 9 days is definitely within reasonable time.
A couple of important dates, TM only offer Buyer Protection for items purchased by Ping or Afterpay if a Dispute Resolution report is filed within the first 30 days of the listing closing and offer assistance in corresponding with Seller's beyond this and for internet banking or cash purchases if the Dispute report is filed within the first 45 days of the listing closing. - Feedback can also only be placed within 45 days of the listing closing However once placed within this Timeframe the feedback can be edited once only at anytime pre and post this initial 45 days. - Keep these timeframes in mind as you persue a resolve with your Seller. - Disputes can always be cancelled as/when you reach resolve.Second hand goods from Private Sellers falls under the Contract & Commercial Law (CCLA) - You have rights if the seller misled you & if the item is seriously faulty or unsafe.Refer to the Consumer Protection: Private sales and second-hand goods
Purchasing from An 'In Trade' Seller has been well covered in all the above Comments for you.
It's great to read your Seller is following up with the manufacturer, hopefully something good will come of that - just bear in mind Unknowingly misleading you is the same as misleading you - Your Seller should have confirmed the facts he gave in the listing and post sale were correct.
All the Best - Cheers.
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S Community Superuser
Rana,
I have to ask the question, you were happy to purchase a new battery on buying this electric bike, what is the issue with purchasing a battery now?
Batteries are one of those perishables which lose charge over time, even in storage therefore pursuing compensation through a Disputes Tribunal is not going to achieve the desired outcome. - Had there been a fault with the bike itself Or a New Battery under warranty you may have a claim worth pursuing - Alternatively if the bike is draining the battery charge this would indicate an electrical fault with the bike itself However without trialing a new battery this can't be established - It will be interesting to see what your Seller is able to achieve from the manufacturer, they may even be willing to help you toward cost of a new battery considering they assured you consistently the battery was good - Your Best option is to purchase a new battery to determine if there is an electrical drainage fault occurring or normal use having been used for about a year - Yes! you were sold the bike & battery in good working condition therefore this is what you should have received, though being second hand batteries are a tough one! - All the Best - Cheers.
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