I paid too much

You have no real grounds for complaint if you

• were told about any fault before you bought the bike
• examined the item when you bought it and should have spotted the defect
• caused the damage yourself
• made a mistake, or
• changed your mind

The Courts do not like to “interfere with a bargain”.  The price you paid was all part of the conditions of the contract you made when you bought the motorcycle, and you are bound by that contract.  Therefore there is generally nothing you can do unless there was some other problem (for which, read on.)

Sellers must display the full price of any goods for sale, including VAT.  If the seller made a mistake in the displayed price then you cannot insist on being sold the bike at that price, although it is an offence that you can report to Trading Standards.

Advertising literature is just that.  However, if you were given information by the seller or relied on advertising literature and the motorcycle did not fit with the description applied then there may be a claim.  You would have to show that the statement was made before the contract was entered into and that it induced you to enter into the contract.  Whether you would be entitled to reject the motorcycle or be limited to claiming damages is very much dependent on the nature of the representation that was made, how inaccurate this was, how soon you realised or should have realised and what you did about it.

Some credit card companies offer protection against finding the same product cheaper elsewhere within a certain period of time and it may be worth contacting your credit card company to see if this is part of your agreement.

You may also have rights if the purchase was subject to an advertising campaign such as “find this product cheaper elsewhere and we’ll refund the difference…” but this depends on the circumstances, and you’ll need to gather documentary evidence in support of this.

Don't be someone else's learning curve. Call our 24 hour help hotline on 0800 783 6191 for clear, expert legal help or e-mail us at contact@whitedalton.co.uk

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