675 Bike not as ordered.

As you state -
Triumph have obviously breached parts of various Trading Standards legislation.
Therefore I would seek trading standards help, they will advise wether your able to reject the bike
and for what reasons, but be quick there is a timescale !!!

 

Did you sign any paperwork when ordering, that specified colours? What excuses did you get when the bike was delivered?

 

Your not being petty at all! Social media is the way to go for complaints! I have issues with a claim my sons are making on travel insurance couldn't get through on phone or response on email, opened up a Twitter account posted on their Twitter account someone responded in 2 mins, not resolved but at least I'm talking to someone! They don't like these things being piblic

 

What you should do now is to write to the dealer concerned and state that as the bike is not what you ordered and that you pointed this out as soon as you went to collect it, you are rejecting the vehicle as is your legal right under section 35 of the Sale of goods act:

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract,

What are you entitled to?
If the goods do not conform to the contract, in other words are not of satisfactory quality, fit for purpose or as described, you are legally entitled to one of the following remedies:

A FULL REFUND
You are legally entitled to a full refund if you have not yet 'accepted' the goods. Acceptance takes place when:
•you inform the trader that you have accepted the goods
•you use the goods in a way which is 'inconsistent with the trader's ownership'. For example, if you have altered the goods in any way or customised them then you may have accepted them. For example taking up the hem on a pair of trousers
•You keep the goods for longer than a reasonable time without telling the trader that you have rejected them. You are entitled to a reasonable opportunity to examine the goods and this should take place within a reasonable time. The law does not give an explanation of what is 'reasonable time' and ultimately a court would make a decision based on the facts of each case. You should, therefore, contact the trader as soon as you find the fault as a delay may mean you lose your right to a refund.

 

My only concern is this, whilst you can say I want one like that in a picture, the picture does not usually form part of the legal contract. So if the precise specification was not stipulated in the contract signed, the law might not support the plaintiffs complaint.

 

Sadly, I think biglad may be absolutely right with this.

 

(It's why I asked about paperwork when purchasing) did you also sign anything apart from the delivery document to say you've taken receipt? As there may be something about discrepancies somewhere. I doubt they'll refuse to do anything if they haven't got a leg to stand on.

 

Oh dear, by riding it I think that could be interpreted in law as accepting it.
If you had argued and left it with no miles on the clock you probably would have had a case, I would still argue for the the case to have the brake caliper and wheels replaced, but I cant see them changing the whole bike!
Probably berried in the small print somewhere that individual parts can be substituted with-out notice and pictures or display models are a guide only.
It will have a V5 in your name so its difficult for Triumph to take it back and use/sell it as a demonstrator, but not impossible to change the 'wrong' parts as I see it.

 

Look at it if it were a pair of shoes, you try them on in a shop or at home-ok, you wear them on the street - a no no as they now show immediate wear. They should honour if on paper there was a written request just replace the items you never agreed to even though you've used the bike.

 

Thinking about this more, it would be in your interest to be as polite and diplomatic as possible BUT FIRM and go for the parts to be changed at possibly the first service, as it would be very difficult for Triumph, as I said, the V5 is in your name but so is the insurance and road tax, so it would cost you time and money if the bike was to be changed. (which I'm 99% sure it wont!).
Lets face it, those components would not cost Triumph much any-way, a set of wheels swapping the tyres/disc's and a brake caliper.
Just my opinion though................

 

Good news.
They get so use to running a business that they sometimes forget what gets you through the door,- the dream.

 

That's great news.

 

well done, great result for all concerned happy days

 

Great news, now ride and enjoy!

 

Always works to go to the top, I did it with Carpetright, such a balls-up on a hall-stairs & landing carpet, we had bunches of flowers sent round, choc's, discounted carpet and a new on fitted, I 'spose they have to try it on in the first place.

 

Brill,it's going the right way!

 

Well done Noddy just goes to show don't put up with bad service and use the law that's what it's for Triumph also tried to fob me off but in the end replaced the bike!

 

Good news - well done for persevering with it.