TinyCycler

Hi,
I bought the 2009 Trek 7000 WSD on Saturday. I asked the LBS manager about the upcoming model that I told him I heard was coming out in September. He asked me where I heard it and told me that I was wrong. He said the 7000 would be the same as far as he knew and grumpily offered to look it up on the dealer site. I took his word for it. I just saw the new 2010 on the Trek site today. The frame is completely different and there are no flowers, a design he knew I didn't like. The new bike is my dream and furthermore might fit me much better. I'm actually 4'11&3/4. I told him the 14" bike felt just a tiny bit large when I tried to put my feet on the ground. He had me cycle backwards and said it was fine and fit like it's supposed to. The new 2010 model is a 13' bike and has no flowers or brown on it. It also looks easier to transport.

Should I request an exchange? The manager won't be in until Thursday, and the clerk told me that they've never done this before. Should I push it?

Also, I flew off a bike when I hit a defect in the pavement. The clerk actually told me and the manager about the defect. I didn't make a big deal about it. My aunt told me she would've gotten the bike for free. I wasn't much hurt except for a rear end that hurt for four days. What do you think about this? Should I have asked them to take responsibility for the defect?

Panthers007

If this 'defect' in the pavement is on the store's property, it's their responsibility. If it's on a public way - it's the town or city.

MattyA

You should exchange the bike for sure. My LBS has a 30 day exchange policy and my understanding is that is not uncommon.

And if the guy looked at his dealer website and lied to you I would push him hard. That's an as*hole move. You should tell him you'll write an email to Trek letting them know about the service you received at one of their dealers. And you should write the email.

Panthers007

I'd be cordial with him - at first. But if he tries to play you - lower the boom.

TinyCycler

Does it matter if I didn't make him look up the bike on the site, but he kept saying he was pretty sure it was the same bike and that the only difference would be a higher price?

Panthers007

Sounds like coercion to me. He's supposed to be the expert, after all. And if it does turn out costing more, I'm sure Trek would take YOUR side - as they stand to make more money.

Timber_8

I am pretty sure you have 30 days to return anything in the United States, You can just return it and go buy what you want somewhere else

Little Darwin

It is my understanding that there are some laws that govern certain return policies, but that most laws of this type are at the state level, or at specific products.

Here is a site that gives some info on federal laws:

https://www.pcreview.co.uk/articles/C...s_and_the_Law/

Basically, I don't think there is any requirement for a 30 day return policy, unless virtually every other bike shop in the world has one.

And unfortunately for the OP, with the employee saying they have never done it before, it sounds like they won't do it now.

There does seem to be a 72 hour cooling off period for some purchases, and if this is covered, then the OP may be able to try to force the issue if she did return to the shop within 72 hours.

I think the biggest mistake was buying a bike from someone who copped an attitude during the sale process. That would be a major sign to buy elsewhere.

Some of the things I see as working against a return (from a legal perspective):

1) Returns are not mandated for changing your mind (other than perhaps the 72 hour thing)

2) No protection because the bike is not as described... This would be the case because she saw the bike, and rode it before buying.

3) Unfortunately, she didn't ask the store owner to look at the next year's model as he volunteered to do. I think it could be argued that a store owner during the peak of cycling season would be consumed more with selling current products than being concerned with the specs for next year's model.

But, it never hurts to ask politely, and if that doesn't work, you can try to be more assertive.

Little Darwin

As far as the "injury" from falling off the bike, I suspect that if the clerk asked, "Are you ok?" and you said "yes" and there was no subsequent doctors visit, then there isn't much you can do. Forget about it. I think if you go in whining (I think this is how they would see it) about being injured, they are not going to be very likely to see it as anything but a ploy to get your way. It could make them defensive, and less likely to comply with your request for the newer bike. There is a slight chance that it will scare them into action, but my gut feel is it is more likely to backfire.

If someonje else falls, and they discover that the shop is aware of the defect due to your fall, and the defect is bad enough to be negligence, then the next person to fall there may have a real strong case.

CCrew

Only in America.

probe1957

Most people would have steered around it. The fact that you didn't surely can't be your fault. After all, as someone else indicated, this is America.

MattyA

Totally agree

TinyCycler

Okay thanks for the reality check. That's why I posted this, to get a read on how to deal with this situation. And as for the defect, I did NOT see the uneven seam in the concrete that caught the tires. The concrete had lifted there and created a bump. The clerk pointed it out to me AFTER I flew over the handlebars. I didn't even know what had happened to me, I was so shook up. And to those who think I'm sue happy, notice I didn't even think about a free bike or anything after the crash. I did get offered a Bandaid but then they forgot to even give me that. Maybe that should have been my clue.

I would like them to fix the seam for safety's sake. I don't thinks they're very safety conscious. They never suggested a helmet for the test ride or even to buy. I had to ask them to help me pick one out. But they're the only LBS in town that sells Treks or even a bike that came close to fitting my very short self, unless I went to xmart (no chance of that!).

WCoastPeddler

Whatever you do, don't go riding your new bike on a trail as there might be a root or a rock sticking a bit up from the level ground. From what I've seen, "they" don't even put signs on trails indicating these dangers.

Suck it up and stop trying to blame other people for your inability to pay attention to the world around you (I mean really -- they even told you about the bump -- sheesh).

TinyCycler

Wow! You're not a very nice person. I would never say to anyone what you did to me. I said the clerk noticed AFTER the spill. What part of that didn't you understand?

BTW, I was learning how to shift a 21-speed for the very first time when I hit the seam so I was fiddling with the shifter and just didn't see it. I wrongly assumed the test ride lot was safe so I was fiddling with the shifter. I hope you never have a accident, and I wouldn't demean you if you did because I'm a nice person. I guess you didn't see that part where I said it never occurred to me to sue anybody. Nice welcome I got to this board from you!

WCoastPeddler

Yeah, you did say that you were told after the fact. My mistake. However...

Suck it up and stop trying to blame other people for your inability to pay attention to the world around you.

Panthers007

He says to his bathroom mirror...

TinyCycler

Well, I guess I found the forum's troll, LOL! Not bad for my first week, eh!

God bless you, brother!

WCoastPeddler

Panthers007

Little Darwin

I like when a noobie knows about trolls...

You must have hung out on other forums.

And it sounds like you might be genbuinely nice enough to be a good customer for the shop.

Even though I don't think you have a case with the fall. If it looks like the manager is wavering toward giving you what you want, you may want to use it as an example of how you want to be a good customer. But, I think it will only work if the deal is close.

Something like, "I appreciate your considering this, I sensed that this was a good shop, and I like shopping here... that's why I didn't make a fuss after falling during my test ride." Try to come up with your own words, and make it as complimentary as possible. The intent isn't to even make a concealed threat, but to let them know you are a good customer.

If you can afford it, maybe even offer to pay a "restocking fee." And feel free to mention in a nice way that you had mentioned potential differences when you were buying the bike.

I think this type of approach will work for most people... other than those that give in to people easily, and that type of person isn't likely to be a small business owner.


If you really want the new model, then be the most charming person you can be.

WCoastPeddler

Not that I was trolling...

TinyCycler

Very good advice. Thank you.

Timber_8

I see your making more friends She just hasn't discovered your hidden charm yet

WCoastPeddler

She'll come around. They always do.