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?
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
.