Dear [name removed],
I don’t know why you are ignoring the fundamental points of the complaint – I’ll repeat it again and perhaps you’ll take it on board this time.
The issue was not one to do with fitting. I received assistance with getting the fit right as part of the diagnosis by your colleague at the time, [name removed]. Following numerous back-and-forth emails which are still present in this thread, including my providing video clips and photographs to help identify the problem(s), this culminated with an alternative sensor which he said would resolve the problems. I fitted that sensor but it did not resolve the issues which remained the same.
There was evidently a fault with my kit which would transpire after extended use particularly under load (i.e., climbing hills after being in use for a time, say, 30-40 minutes) whereby power would become intermittent and responsiveness was poor or non-existent. The worse aspects where a loud whining sound coming from the motor, for which I provided an audio file demonstrating that problem. This was evidently a fault specific to the kit.
Further, I identified design faults which did not inspire confidence in reliable and safe operation even in a repaired/replaced kit, namely the position of the controller box and its lack of ventilation coupled with your known provision of a sub-standard motor as evidenced by your providing the hall sensor bypass cable to bodge a fix should it be needed – however, trying this cable on the advice of [name removed] at the earlier diagnosis stage resulted in errant speed readings which put doubt on the kit performing properly within legal limits.
So, I will state again – and I hope for the final time in the expectation that you actually read what I am providing to you – this was not a fitting error. The specific faults were intermittent and only apparent after extended use. Notwithstanding that I don’t use the video channels you offered, your video support would not have helped in this case because those faults could not be recreated on demand in a workshop-like environment.
I have detailed this time and time again, but you are ignoring what I am writing to you. You are also ignoring your obligations and using Indiegogo in an attempt to get around the law. I provided a payment through that platform in the expectation that you would deliver a suitable product which you did not, therefore it is a breach of contract as in any other sale. I did not provide payment with the thought that I don’t care if I get a product or not and I submit that not one person making contributions on Indiegogo does so. The payment is made ahead of product availability to fund the development of the product, yes, but that product is still expected at the end of the process and that product must still meet the expected standards.
Indiegogo terms and conditions are clear:
- Campaign Owners must issue refunds to Contributors if they cannot deliver perks (4(e)) – your product is not fit for purpose and therefore I don’t consider you have delivered the perk as promised.
- Campaign Owners must comply with all applicable laws and regulations in the deliver of Perks (4(f)) – i.e., your product must be fit for purpose as required under the Consumer Rights Act; your product must comply fully with all regulations surrounding electric assist cycles.
- Campaign Owners are responsible for offering refunds outside of the Indiegogo refund policy (3(c), 5(c), 6(c)) – as already noted, Indiegogo terms make no provision for excluding the right to a refund, just their own part in dealing with it.
Further, on three occasions and with the full history of this matter available at all times, Swytch promised that a refund would be forthcoming. As per the advice I have received, by you agreeing to the refund and my acceptance of it by returning the kit as part of the refund process, that has become an agreement between our two parties to which you are now bound.
The deadline remains as given and you are to make no further excuses or evasions. Kindly provide the refund as required by the end of business on 02 October 2019 else I will have no choice but to refer the matter back to the Citizens’ Advice Consumer Service for their advice on any further action.