The ASA stated yesterday "we have looked at the ad... and agree that this was misleading" I am still in discussion with 50cycles and am optimistic that, in the light of this ruling, they will do the decent thing and refund the full purchase price.
Any empathy I may have felt towards your position in this impasse KMG, disappeared with your latest dribble of information above.
You are attempting to harness the weight of the advertising watchdog to force 50Cycles into a corner over an issue that is entirely of your own making. This nonsense about a misleading advert or description is irrelevant to your contention that the bike is unsuitable for your requirements. If I were Mr 50Cycles, I'd now hide behind the legal term, 'Caveat Emptor' in response to your resorting to your current direction of attack.
You chose to buy a model of bike that you hadn't test-ridden, rode around on it after receipt, then decided it wasn't what you really wanted. You hinted that the terrain in your particular area is much hillier than the area of your test-ride on a different model and that swayed you to decide to reject the bike. If you hadn't also told us that you are an experienced cyclist with previous experience of EAPCs, I could almost buy your story. As an experienced cyclist and previous EAPC user though, you ought to have recognised very quickly if the model you ordered offered sufficient power simply by comparing the spec figures on paper against the model you test-rode and those EAPCs you had previous experience of.
You have chosen to join the Pedelecs forum and almost straightaway embarked on an attempt to destroy the reputation of a long-standing and highly regarded EAPC dealer while hoping to garner sympathy from the forum membership to bolster your case. Even now, after almost 70 posts in this thread, you still haven't made clear exactly what the problem is with your bike. Neither have you specifically named the model you deem inadequate over your local terrain. You may find some support among the naive or the uninformed but I'm sure a lot of readers fail to understand your seeming reluctance to get down to brass tacks and state exactly what your issue is.
I really don't think sellers should be held responsible for the stupidity of, shall we say - someone who lives in a very hilly area yet buys a bike unsuitable for that kind of use.....without actually riding it!
Please tell me the model concerned here because I can't imagine a Kalkhoff EAPC that cannot manage hills comfortably, with the exception perhaps of the Groove model though, as has been pointed out, that isn't a 2K bike.
If I'm missing something glaringly obvious that might cause me to say, 'Ah, now I see what you're on about!', please tell me. Information is knowledge and I want as much as I can get from this forum.
Tom