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Cycle Smithy Chicago Bicycle Dealer Ripoff Has Shady Policies Chicago Illinois
My boyfriend bought a new KHS track bike from Cycle Smithy, a local dealer here in Chicago. It was around $600-and the least expensive model. He paid in credit. He bought the bike on a Saturday, rode it for about an hour, and decided it didn't fit him right, the geometry made his knees hurt. When he tried to contact the owner of the store within two days after the sale, the owner said that a refund depends on the reason. When my boyfriend explained his reason for wanting to return it, the owner said he couldn't get a refund because the problem was his knees, not the bike. So I called the owner back myself, and asked if he had a refund policy, in writing.
He said no, but that he could write one up if I liked. So I made sure to clarify again that he had no written refund policy, and he agreed, so I said thank you, and hung up.
I'm not exactly sure if there are any laws, federal, or state, that require a merchant to have a refund policy at all, let alone in writing. Most states or cities seem to have a rule about refund policies being in writing, visible, and disclosed at some point during a sale, but I still don't know for certain. Most bike dealers give customers around a week to test the bikes, but still offer a refund, or opportunity to get one, especially if the bike is in perfect condition.
According to the Consumer Fraud Act, it is a violation of this act to misrepresent or leave out any important fact that might considerably affect the decision to purchase. Most people would think that a refund policy would have a considerable impact on a customer's decision to purchase. Also, I'm not sure if this is a city, or state violation, but along with his credit card receipt, he was given a written invoice of his purchase, but nowhere on either of his receipts is there a listing of sales tax percentage, or amount. To make things more complicated my boyfriend proceeded to file a complaint with state authorities, but contacted the owner anyway to try and resolve it before he filed the complaint. The owner then offered to take the bike back, minus a fifteen percent re-stocking fee. My boyfriend, being impatient, agreed to it, and now is $100 dollars poorer. My next question is, should/can my boyfriend still file a complaint?And if the merchant turns out to be in violation of any acts, would that void or breach their sales contract? If the dealer doesn't have a written refund policy, would his 15% re-stocking fee that is part of his so-called unwritten refund policy be valid either? And if not, can my boyfriend be entitled to the extra 15%/$100, even if he already returned the bike to the dealer and got the other $500 or so dollars back? It's March 02,2005, and the bike was returned 5 hours ago. If anyone can answer or refer to my numerous questions, I would be SO grateful, and will pass the information on. Sincerely, M, in Chicago.
M
chicago, Illinois
U.S.A.
9 Updates & Rebuttals
M
Chicago,Illinois,
U.S.A.
dear paul.... need to be EXTRA aware of what they will be getting into once they decide to purchase from this store.
#10Consumer Suggestion
Fri, March 11, 2005
Dear Paul,
We are not the only people who think this store has unfair practices-
Cycle Smithy is also listed on sinister bike-dealers.com as well, by someone else.
In case you don't know yourself, (which I find hard to believe..) most bicycle dealers have a grace period after a purchase to do exactly what you don't think customers should do, which is try the bike out at least for a few days, see if they are sure they want to keep it. I agree after that fact,that a dealer probably should get a slight payment to put it back up like new.
A bike is not a car, so please don't compare the to,if it was like a car, the customer would probably have more protection. How come you have no rebuttal for the real issue, NO REFUND POLICY DISCLOSURE?? Or the fact that my boyfriend was overcharged on the restock fee(albeit a minor excess, like $20..)
No offense personally, but if you were into bikes, then you would understand our VALID arguments. I'm sure that Cycle Smithy's dealer has alot of friends, but that doesn't mean that he's friends with everyone.
My only purpose in posting this rip-off report is to let possible customers of this store know that they need to be EXTRA aware of what they will be getting into once they decide to purchase from this store. I'm sure if the owner was learning anything from this, there would be a refund policy disclosed somewhere visibly by now. Have a good day.
M
Chicago,Illinois,
U.S.A.
dear paul.... need to be EXTRA aware of what they will be getting into once they decide to purchase from this store.
#10Consumer Suggestion
Fri, March 11, 2005
Dear Paul,
We are not the only people who think this store has unfair practices-
Cycle Smithy is also listed on sinister bike-dealers.com as well, by someone else.
In case you don't know yourself, (which I find hard to believe..) most bicycle dealers have a grace period after a purchase to do exactly what you don't think customers should do, which is try the bike out at least for a few days, see if they are sure they want to keep it. I agree after that fact,that a dealer probably should get a slight payment to put it back up like new.
A bike is not a car, so please don't compare the to,if it was like a car, the customer would probably have more protection. How come you have no rebuttal for the real issue, NO REFUND POLICY DISCLOSURE?? Or the fact that my boyfriend was overcharged on the restock fee(albeit a minor excess, like $20..)
No offense personally, but if you were into bikes, then you would understand our VALID arguments. I'm sure that Cycle Smithy's dealer has alot of friends, but that doesn't mean that he's friends with everyone.
My only purpose in posting this rip-off report is to let possible customers of this store know that they need to be EXTRA aware of what they will be getting into once they decide to purchase from this store. I'm sure if the owner was learning anything from this, there would be a refund policy disclosed somewhere visibly by now. Have a good day.
M
Chicago,Illinois,
U.S.A.
dear paul.... need to be EXTRA aware of what they will be getting into once they decide to purchase from this store.
#10Consumer Suggestion
Fri, March 11, 2005
Dear Paul,
We are not the only people who think this store has unfair practices-
Cycle Smithy is also listed on sinister bike-dealers.com as well, by someone else.
In case you don't know yourself, (which I find hard to believe..) most bicycle dealers have a grace period after a purchase to do exactly what you don't think customers should do, which is try the bike out at least for a few days, see if they are sure they want to keep it. I agree after that fact,that a dealer probably should get a slight payment to put it back up like new.
A bike is not a car, so please don't compare the to,if it was like a car, the customer would probably have more protection. How come you have no rebuttal for the real issue, NO REFUND POLICY DISCLOSURE?? Or the fact that my boyfriend was overcharged on the restock fee(albeit a minor excess, like $20..)
No offense personally, but if you were into bikes, then you would understand our VALID arguments. I'm sure that Cycle Smithy's dealer has alot of friends, but that doesn't mean that he's friends with everyone.
My only purpose in posting this rip-off report is to let possible customers of this store know that they need to be EXTRA aware of what they will be getting into once they decide to purchase from this store. I'm sure if the owner was learning anything from this, there would be a refund policy disclosed somewhere visibly by now. Have a good day.
Paul
Appleton,Wisconsin,
U.S.A.
Cycly Smithy is a Great Bike Shop
#10Consumer Comment
Sat, March 05, 2005
Cycly Smithy has always treated its customers fairly. It's hard to understand how this person, buying a new bike and then actually RIDING it, would then consider it to still me NEW.
Try that at a car dealer and see how far you get.
To me, restock fees on a now-used bike are not only reasonable, but should be expected. I agree with the owner - the issue wasn't with the bike, but the rider. Now the owner has to try and sell a used (albeit slightly) bike to try and recoup his costs.
Next time you buy a bike and return it, make sure you don't RIDE it first. Especially in a large metropolis where who-knows-what he may have run over.
Respectfully submitted,
P
M
chicago,Illinois,
U.S.A.
The restocking fee..
#10Author of original report
Thu, March 03, 2005
To add to their incompetency, when my boyfriend did return the bike to get his refund, I checked the receipts and figured out that they took about 17.8%=$119 and some change for a restocking fee. That's not even the 15% fee the owner agreed too, and further more, the owner wasn't even present for the refund transaction! One would think this might be an important issue for him considering it's his store, and that he might have done something illegal! For my boyfriend's trouble, I don't think he should even have to pay any restocking fee.
Cycle Smithy and friends, I apologize if anyone feels hurt or fed up, but part of running a business includes being willing to deal with problems that customers have, and making sure that you do whatever is legally required to save your business, and your reputation. No-one here wants to see this type of problem drag out, but consumers spend their hard-earned money and should be able to address their valid concerns and be able to satisfy them as allowed. What schools need to do is start teaching children about the current, real world they live in, and all the things they'll end up needing to know when they do get out on their own.
M
chicago,Illinois,
U.S.A.
By The Way.... refund policy never occured
#10Author of original report
Thu, March 03, 2005
I forgot to mention that an oral disclosure of Cycle Smithy's refund policy never occured either.
M
chicago,Illinois,
U.S.A.
By The Way.... refund policy never occured
#10Author of original report
Thu, March 03, 2005
I forgot to mention that an oral disclosure of Cycle Smithy's refund policy never occured either.
M
chicago,Illinois,
U.S.A.
By The Way.... refund policy never occured
#10Author of original report
Thu, March 03, 2005
I forgot to mention that an oral disclosure of Cycle Smithy's refund policy never occured either.
M
chicago,Illinois,
U.S.A.
By The Way.... refund policy never occured
#10Author of original report
Thu, March 03, 2005
I forgot to mention that an oral disclosure of Cycle Smithy's refund policy never occured either.