Fooled in purchasing Wisper 905SE Sport old model

vassilis

Finding my (electric) wheels
Dec 16, 2009
15
0
It is actually a 2007 model. The serial number is WISPER070120 (found it next to the pedals).
 

Django

Esteemed Pedelecer
Feb 11, 2007
453
1
This is the kind of attention to detail and level of customer service that Wisper seem to come up with time and time again. Really impressive, David.
 

Wisper Bikes

Trade Member
Apr 11, 2007
6,286
2,252
69
Sevenoaks Kent
Service

Thanks Django

We firmly believe that anyone spending a not inconsiderable amount of money on a Wisper bike have put their trust in us and the brand. In return we always strive to a be trust worthy supplier and consider any problem with a Wisper bike our problem.

Fortunately we don't have many problems. :)

Best regards and have a Merry Christmas!

David
 

vassilis

Finding my (electric) wheels
Dec 16, 2009
15
0
Indeed.

With the information provided by David, I have now emailed Electric Bike Shed asking for a refund equal to the difference of RRP between the 2009 and the 2007 model (as the bike was sold with an indicative RRP of 1449 pounds), provided also that the battery is in a as-new condition (will have to check voltage metering according to David).

Many Christmas to you all.
 

rog_london

Esteemed Pedelecer
Jan 3, 2009
764
2
Harrow, Middlesex
I've been lurking rather than posting lately....

I was just thinking - if indeed it's a 2007 model, whether it was a 'bargain' or not will largely depend on the age of the battery.

If the battery is as old as the bike it will probably need to be replaced sooner rather than later, even if (unlikely) it has received conditioning charges while in stock.

This won't be any fault of Wisper, though it might put them in a difficult position, as if memory serves me correctly they do a two-year warranty from date of purchase. It's probably the most crucial part of all this, in view of the fact that the battery replacement cost will be more than half of what you paid for the bike.

Rog.
 

Andy_82

Pedelecer
Dec 27, 2008
108
0
Hi everyone,

It’s been very interesting to read all the posts here about this misunderstanding. I work for the Electric Bike Shed and I would like to make some extra clarification here to what has been written above.

We have received from the Vassislis the enquiry about Oxygen Emate City which retails at £999 and normally comes with 36V 10Ah battery, ordinary anodized spokes (not stainless) and the basic running gears such Shimano Tourney. Never mind that much, we haven’t had that model in stock and as all retailers you try to retain a customer by offering a substitute product. This is what we’ve done, having had our brilliant looking Wisper 905se Sport with 14Ah which has been our expo display bike we decided to offer it to Vassilis at a promotional price of £999 – the price that was originally in his budget.

The originally enquired bike Oxygen Emate City was with hell a lot worse specs including smaller battery, running gears, spokes, forks, etc etc not even comparable to 905se Sport that had indeed 14Ah battery and all the bits and pieces upgraded.

I have to admit that we have a made a mistake by not informing Vassilis clearly enough that this not the latest 09 model. Based on the investigation done by David and Vassilis we find out that the model sold is “2007” model. I think it is important to clarify this point here. We do have huge doubts that the model is 2007. It does have a number beaten on the frame with 07 date but that does not mean the model is 2007.

I’ve been in this industry for a while as many of you probably as well. I also went to the old 2007 website of Wisper where there was the old 905e was offered for sale at the time. The new 905se has been just planned to be released and the stocks of the 905se were not even available in June 08. In the beginning of the 08 Wispers were still sorting out the new manufacturing plant which resulted in the the delays of the stock arriving in the UK. The bike received by the Vassilis has been sold by Wisper Bikes in the beginning of the 09. We don’t know how Wispers clears up their warehouse and if it’s first in, first out method or any other method but clearly that bike has been stored by Wispers for a while before it was sold. Never mind as I go off topic here. Coming back to the problem the bike offered to Vassilis had the extra added value components comparing to the originally planned to purchase Oxygen Emate City. The cables management were planned in the same way, also on the Oxygen City was not Hi-Low mode box so the bike indeed was pretty much the same but with a lot of better quality bits and pieces. As I mentioned before it is our fault not to inform Vassilis clearly enough of the fact that this not the latest model. We supplied him the link to our site where he could indeed check the general specs of the bike which remained the same as the older model: same battery, same motor, same deraillur, brakes, and forks. No difference to the frame whatsoever.

Misrepresentation was not in our intention whatsoever but in the good will of supplying a great quality bike that suits client’s budget. We would be certainly talking about misrepresentation if Vassilis bought the bike off the web at the full price of £1449 and he would receive the bike that was not the latest model. As mentioned the bike supplied was a display bike so never been used. The battery has to be in a good condition as never been allowed to go discharge to the low voltage.

Coming back to the dispute Vassilis was covered by the EU distance selling regulations giving him the rights to return his bike in case he would change his mind. By EU law we would have to accept his decision and offer him a full refund for the bike. Instead we we’ve noted that the goods have accepted by him and used in the severe conditions brining the bike to the filthy state with significant signs of product being used.

Now Vassilis is trying to impose on us an extra discount based on the misrepresentation which we feel is not really appropriate considering the fact that goods could have been returned without any hassle and there has been a full acceptance of goods of his site.

I think it is enough clarification for now, large part of you members may not agree with us which we fully accept. We have admitted a mistake from our site which gave our client opportunity for a full refund. On the other hand we are not in a position of using the situation to imply an extra benefits in buyers favor. We apologised our client and offered extra set of quality LED lights to add to the bike. Vassislis is indeed our first and hopefully the last dissatisfied customer. We got a big learning curve from this and certainly an important lesson for us being too flexible to the client may not always pay off.

Meanwhile I would like to wish all pedelecs members great holidays and Christmas and Happy New Year. Wish you all loads of fun on using your ebikes.
 

Pete

Pedelecer
Oct 17, 2009
171
8
Hi Andy,
Interesting to hear the other side of the coin. I think it is always worth remembering that most retailers genuinely have the customers interests at heart, mainly because it benefits them in the long run. There is always the exception to this and comments about some have been aired on here before. I am also reminded about a story I was told recently about a totally unreasonable customer trying to screw the seller to the floor. Now I have no way of knowing which side should bear most of the blame in this case but although for the buyer the experience will be a one off, soon forgotten, for the retailer there may be long term harm, so, boys and girls, I don't think we should jump to too many conclusions. It is in our interest that as many e bike retailers as possible prosper, therein lies competition to our advantage.
Merry Christmas.
Pete
 

Scatty

Pedelecer
Jan 15, 2009
160
1
I applaud you coming on here & posting this information & being totally honest. Its a rare thing indeed.
 

Blew it

Esteemed Pedelecer
Jun 8, 2008
1,472
97
Swindon, Wiltshire
Wisper frame serial numbers have no relationship with the final assembly date of the machines. The serial numbers are awarded to the frame at the point of manufacture for the purpose of traceability and provide each machine with a unique identity.

For example
Vassilis: WISPER070120
My 905se purchased July '08: WISPER070025
905se currently in my workshop being refurbished, purchase date circa mid '07: WISPER070379

A Wisper 905se assembled in mid '07 can be distinguished from an '08 model in the following ways.

The frame is identical.

Front forks crown. Course matt black ('08 is gloss black)
Handlebar height adjustment. Course matt black ('08 is smooth satin black)
Front wheel hub. Joytech ('08 is Quando)
Battery: 13 ah Lishen ('08 is Advance 14 ah)
Twin dial battery meter/speedo mounted centrally on handlebars ('08 is LED's on throttle and seperate wireless speedo)

Most significant of all is the electrical buttons on the handlebar.

Left-hand red = pedelec on/off ('08 not fitted)
Left-hand green = restrict/de-restrict ('08 is the same)
Right-hand red = throttle on/off ('08 is all power on/off)

As you can see, Member Vassilis machine is most certainly a 2008 machine, It's identical to my own July 2008.

Gets told off by David for sticking my nose in
 

eddieo

Banned
Jul 7, 2008
5,070
6
I applaud you coming on here & posting this information & being totally honest. Its a rare thing indeed.
Yeah right.........

quote from Vassilis email from the bike shed:

"The promotional price is £999 for the bike which normally costs £1449."

end quote:

And end of argument IMO. Disgraceful shenanigans, perpetrated on a guy who they probably thought to far away to notice.....

I would send it back and buy elsewhere. Insist on a refund for postage as well, maybe the retailer could redeem themselves a little by treating you fairly after the fact.....But seeing as they are wingeing about giving you a rebate I very much doubt it.:rolleyes:
 

JohnInStockie

Esteemed Pedelecer
Nov 10, 2006
1,048
1
Stockport, SK7
Well done for coming on and explaining both sides Andy

Although I agree that Vassilis has accepted the goods, and that it is a great deal, I have to agree with EddieO in that the bike that was purchased was supposed to be a 2009 model, thats what you offered him and even linked him to.

The fact that you sent a 2008 model doesn't really come into it.

I would be upset too if I thought I was buying one thing and something else, however similar, turned up.

John
 

eddieo

Banned
Jul 7, 2008
5,070
6
much is being made of the fact that Vassilis used the bike he received, I just dont get this...it does not affect your consumer rights one bit. He probably did not realise he had been mislead until after using it.

If you payed by credit card you can use "Section 75 of the Consumer Credit Act". The Act states that the seller and the credit company are jointly liable in the event that the consumer has lost out in relation to a purchase.

credit card companies HATE this and can be very helpful because of it, as most retailers depend on them for their transactions. You need to write to them with your evidence.

Getting a Refund from Your Credit Card Company - Online Shopping Rights (UK)
 

Wisper Bikes

Trade Member
Apr 11, 2007
6,286
2,252
69
Sevenoaks Kent
Old Wispers never die

Thanks Andy for making your position public. And thank you too Blew It for sticking your well informed nose in! :D

A few points;

1. We will stick to our promise of a 2 year Warranty on the goods so if the battery is a problem we will replace it FOC.

2. The bike was retailing at £1199.00 in 2007 but please take into account this was before the increase in prices bought about by the weakening £.

3. Although the 2007 bike is not as highly specified as the latest Wisper bikes we absolutly stand by the quality of these earlier models and will offer the same level of service as if the bike was our very latest and most expensive.

4. If I can in any way be of any help in sorting this out to everyones satisfaction I would be only too pleased. :)

Best regards

David
 

vassilis

Finding my (electric) wheels
Dec 16, 2009
15
0
Thanks David for this. I appreciate your help and support. Also Blew It for making the distinction between 07' and 08' models as clear as possible and all of you for your comments.

Since I will be taking this case further as much as I can, I would appreciate if David could provide the following information:
- When was the bike actually sold to EBS?
- What was the price difference of the bike at that time compared to the 2009 model?

I have registered the bike at Wisper's website for warranty purposes. The registration is not however complete as I do not know the battery reg. no. Is this OK David?

I am afraid the battery is not up to the standards that have been mentioned by other Wisper owner's. I have made a 15-mile ride on pedal assist mode and already the green and orange lights are off at standstill. In the next charge I will try and meter the voltage to see its status (rog_london was probably correct about the status of the battery).

Now for the record I would like to answer to Andy from EBS in order to put things in place (I apologize for the length of this message).

So, Andy did indeed have some courage to come and write in this forum and some people here even found his excuses reasonable. I will therefore provide a brief synopsis to clear any misunderstandings:

It is correct I had initially contacted Oxygen bikes asking whether they would ship to Greece. They did not reply to me but apparently referred me to EBS, who came back and offered a "new and unused" Wisper at a promotional price.

I NEVER indicated I had a budget, so all this excuse about offering me a better bike at the budget is simply bull****.

Even if that was the case the decision of whether I wanted an older (expo) bike at a reduced price would have to be MINE after having been informed about the exact status of the bike.

So I pay the bike (by bank transfer as EBS wanted a 4% surcharge if I paid by credit card or paypal) and as soon as it arrives I start assembling it.

After exchanging emails with Andy for some assembling issues, he informs me about the bike being an Expo model and having been purchased on February 2009 (nothing about the fact it was an older model). Also the bike was missing the toolkit and I never received an invoice too. Andy said he would send me these along with a LED front light. I still haven’t received ANYTHING. Later on I found that the 2008 model came with a computer as well which was also not included and I paid a further 19 pounds to EBS for a Sigma computer.

After considering the matter for a few days I decided to keep the bike because:
- I did not trust EBS to refund the money if I returned the bike back.
- EBS would still charge me for the shipping back and forth so a couple of hundred pounds would still be lost.

Andy first mentioned the EU distance selling regulations in his post of December 24th in this forum, AFTER I had declared I would keep the bike and after the seven day cooling off period provided by the EU distance selling regulations had elapsed.

Given that I never informed EBS about my initial post here, I can only assume that Andy had read it from the very beginning and only chose to write after the seven day deadline had elapsed so that he would not risk the possibility of having to get the bike back.

I have to note however that the EU distance selling regulations that Andy emphasizes upon so much is really not applicable here since it covers items that are returned to seller without providing any reason for this; this is why the buyer bears the cost of shipping. Obviously this is not the case here (there are far too many good reasons!!) as I would never pay a penny more to have the bike shipped back to EBS.

Here we have a misrepresentation that falls under the Unfair Contract Terms Act and may be even considered as a criminal act (Fraud Act 2006) as EBS clearly tried to fool me here (even the box the bike came with was from a 2009 bike and had of course different frame and battery numbers).

I made EBS a FAIR PROPOSAL to refund the difference in RRP between the 2008 and 2009 models and also refund the price of the Sigma computer I purchased with no apparent reason as the bike should have one from the factory. Nevertheless Andy never came back to me and preferred to answer through this forum the way he did. He never also informed me whether he has sent the missing toolkit, the invoice for the bike sold and the LED lights he promised he would send me.

Getting a 200-250 pounds refund is not really my goal here. I hate it however when people try to fool others for short term gains and I will be taking this as far as I can with the assistance of various UK Consumer protection organisations and HMRC (Pete you wrote "It is in our interest that as many e bike retailers as possible prosper, therein lies competition to our advantage." This does not make any sense; Can you imagine having as many retailers possible as EBS? Aren't you in favor of quality and customer satisfaction? This is why Wisper stands out from the other ebike producers. If everybody shared your view, the market would be dominated by cheap unbranded ebikes.)

EBS has not been honest in the first place and hasn’t made the slightest effort to try and fix things when the mockery became obvious.

EBS even tried to put some of the blame to Wisper by indicating that this bike was stored by Wisper for a while, without however explaining why they sold me a 2008 (or even 2007) model as “new and unused” without further information.

Also the comparison with Oxygen bikes just to make an unreasonable point is quite poor as they are not only defaming their best selling bike but also the producer that referred me to them.

I haven’t really been able to ride the bike due to the holiday season, so the battery issue is still open. I think therefore that Andy should probably clarify a couple of things:

How many times has the battery been charged? Initially he said the bike was new and unused (that should cover the battery as well) and then in his post here he said that “The battery has to be in a good condition as never been allowed to go discharge to the low voltage”. So what’s the truth?:confused:

I think this matter has been exhausted and I will not be bothering this forum any more unless necessary.

I will of course inform you about any assistance received by Wisper (David has already mentioned he will provide a cover for the controller box and will check whether the hi lo switch can be fitted; will probably also assist in fixing the front brake issue).

In case anybody is interested I attach the entire exchange of emails between EBS and myself.

Looking forward to more pleasant posts in the future:) .
 

Mussels

Esteemed Pedelecer
Jun 17, 2008
3,207
8
Crowborough
I think this matter has been exhausted and I will not be bothering this forum any more unless necessary.
Awww, this is getting interesting.


Wisper was a great help when I had (not quite as bad) problems with my retailer, hope it all works out.
 

vassilis

Finding my (electric) wheels
Dec 16, 2009
15
0
I can pm you Mussels.
Just thought that after the initial round of posts there is no room for legal details and disputes in a cycling forum.
 

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