Refund or replace, not prior agreed - faulty Bike Tyre

[ssett]

I bought an item 9 months ago, it developed a fault and the shop agreed with me that they were getting another one in instead under warranty. However I have now found out that because the item has recently been discontinued they are replacing just part of it instead. (Parts are available but not the whole item I am told).

 

I was not told or agreed to a repair instead of a replacement.

 

The reason I am not happy is because

 

the item had other areas that were of concern but the shop has baulked at replacing those

because that is caused by normal wear and tear they say.

 

Ideally I would like a complete new item not a refund.

 

But what are my rights considering I was offered a full replacement and now just getting a repair without being asked?

 

So what do I do about the items they say is down to wear and tear?

 

Can I get new parts for that as well because I didn't agree to what they are now doing?

 

I have looked at the T&Cs but can't find anything relevant

Edited August 30, 2013 by ssett

[dx100uk]

the issue here is nothing to do with any warranty

 

its a sale of good act issue.

 

warranty is in ADDITION to any statutory rights under soga.

 

the retailer can repair, replace or refund at their discretion.

 

as the item is outside of 6mts old [unless you reported it inside 6mts]

 

it is for you to get an ind report done on the items you consider not being 'wear'n'tear' damage.

 

though that's very quick for an item that should be 'of reasonable quality' to wear out!

 

p'haps it might be better to tell us what the item is rather than us guessing.

 

dx

[ssett]

Bicycle tyres,

They told me they were going to give me a new bicycle, now I find they aren't, only the faulty part. The tyres look 'perished' on the side walls but not worn out, which is surprising because it isn't very old. And because they are only doing one part that doesn't include the wheels/tyres they aren't going to do anything about the tyres.

[renegadeimp]

Which shop?

[ericsbrother]

Tyreas are consumable items so think yourself lucky they are offering to replace them. As the bike is more than 6 months old the retailer may deduct money for the enjoyment you have already had form the item so I would be grateful for any properly done repair in this case or accept that you are going to waste an awful lot of time and energy chasing the improbable.

[renegadeimp]

Actually eric, the time he has had the bike is of no real consequence. It is the amount of wear and tear on the bike. If he has had it a year, and ridden it 3 times, but the tyres decided to burst or split, he still as a legit claim under soga. If he rode it extensively for a year and the tyres split, then it would be considered normal wear and tear and not part of soga.