Page 1 of 1

Warning about fun2ride's batteries

Posted: Sat Aug 14, 2010 12:45 am
by badnewswade
Hi. I just got ripped off by fun2ride for at least 34 quid (and possibly £105) so I thought I'd warn yous all:

Do not, under any circumstances, buy anything from as they are thieving scum. They just sold me three 12ah lead-acid batteries for £105, (*not* the £90 advertised due to "P&P" :roll:) and when one of them blew after two weeks they have refused point blank to do anything about it. Turns out they offer no warranty on their goods at all; just the standard 7 day money back guarantee. And you can bet your arse they'll "lose" your first email if you have any initial doubts. You see, it turns out their actual email address is, and not as their website claims.

Now this happened to me because I was stupid and just assumed there would be a warranty but there isn't. So I say to bargain hunters - beware of Internet scum selling cheap rubbish, as it will cost you more in the long run. For a start I will have to spring for well over £30 to replace the knacked battery and it is *entirely* my fault for not checking out the T&C's and ensure there was a warranty.

I repeat, NEVER buy stuff over the internet unless they have a VERY good reputation - always make a face-to-face transaction with a local shop or somewhere where you can take the goods back. And if you are tempted to buy from fun2ride in particular - don't. You're better off getting second hand.

Re: Warning about fun2ride's batteries

Posted: Sat Aug 14, 2010 6:10 pm
by Jeremy
I'd check your statuary rights under the Sales of Goods and Services regulations. Claiming a 7 day "warranty" is unlawful, so just tell them you are going to Trading Standards.

In essence, all goods sold in the EU, whether via the internet, or by other means, have to be of merchantable quality and fit for purpose. Provided that you have not abused the battery in question the seller HAS to honour the law.

I'd suggest that you write to them, and very calmly and politely point out their obligations in law. Google consumer law to get your facts right before writing. Give them a reasonable time to rectify things, with a firm statement that, if they fail to honour their legal obligations you will report them to Trading Standards (in their area, not yours) and start proceedings under the Small Claims Procedure in the County Court to recover your money.

The Small Claims Procedure is fairly simple, requires no lawyers and has reasonable fees (which you can add to the sum claimed). Google it and you should find all you need to know.


Re: Warning about fun2ride's batteries

Posted: Wed Aug 18, 2010 1:40 pm
by marktime
I'm not making any comment about the rights or wrongs but just making an observation about how a post like this is viewed on other fora.;topicseen#msg125448

The BVS forum might need to think about protecting itself.


Re: Warning about fun2ride's batteries

Posted: Wed Aug 18, 2010 2:39 pm
by Jeremy
I have, unfortunately, had to spend a great deal of time wading through the law with regard to forum postings, as a consequence of antics on another forum. In summary, this is where the law sits with regard to libel and defamation on internet fora:

If you post something that is true, doesn't use insulting or offensive language, but nevertheless portrays someone, a company, an organisation, a product or services in a bad light, then you, and the 'publisher' (in this case a shared responsibility between the BVS and its ISP) have nothing to fear.

If you use offensive language, misrepresent or exaggerate a problem then there is a possibility that the poster, the BVS and the ISP 'may' be liable in part, although there is a very small chance of any action being taken in practice.

The test in law is that of 'reasonableness' which is not defined but is decided on a case by case basis. The simple way to look at it would be 'would a reasonable person take this to be offensive, to have caused unwarranted harm to the reputation of another or to have caused them unwarranted demonstrable loss?'

Reporting poor service, failure to comply with statutory obligations (such as a guarantee), poor quality or failure to deliver are not reasons to censor or remove posts, provided there is enough solid evidence to pass the test needed, which isn't the criminal one of 'beyond reasonable doubt' but the less stringent condition applied to civil tort, which is 'on the balance of probability'.

In my view the BVS and the original poster have absolutely nothing to fear from this thread. It serves as a timely warning to others not to deal with this company, on the basis of poor service, nothing more.


Re: Warning about fun2ride's batteries

Posted: Wed Aug 18, 2010 2:44 pm
by marktime
If you are happy with the term 'thieving scum' I'll step away, it was an observation.


Re: Warning about fun2ride's batteries

Posted: Wed Aug 18, 2010 9:16 pm
by Jeremy
To be honest, its not language that I feel comfortable with, but it is almost certainly not actionable, at least by any sane client advised by a halfway competent advocate.

Just because language is a little harsh doesn't by any means make it unlawful. Thankfully we still have a reasonable degree of freedom to express ourselves publicly - if we hadn't then most of our newspapers would have a tough time making a profit.............

To put this in context, how many times have you read similar language plastered across the front of a tabloid newspaper? Posting on an internet forum like this is far less public than a tabloid, and this will be taken into account when deciding whether or not damage has been caused.