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Old 01-20-2006, 04:41 PM   #1
osii OP
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RideGear

a little venting here. this may be better in Jo Momma but I thought the vendor forum was good.

This is a long, onlgoing saga over a pair of Alpinestars ST-5 Drystar Pants that I ordered from RideGear over a year ago.

Over a year ago I had ordered a pair of XXL pants from RG and they were too small in the waist. I called them and made arraingements to get another pair of XXXL pants and rode down to Santa Cruz and exchanged and picked up the new pants.

Well, I get home, and try them on and they are way too small. Since I've already exchanged one pair of pants, I decide to just try to sell them and take a huge hit. I put them up on a few boards, but no one will buy them at any price because the pants are defective. While they are labeled as XXXL with a 44-48 inch waist, they are in fact only a 38 inch waist. So when I try to sell them, I tell people the truth that they are only about a large as far as the waist size goes. Only Manut Bowl could fit into these things and nobody wants to buy them at even $75 (I paid $250 for them).

So now I finally get around to doing something about this, and I call Ridegear and explain the entire situation. They know the pants are a year old. They know they were worn three times (once by me and they gave a hernia/groin injury for three weeks). They offer me my money back, but I tell them a store credit will be fine. No reason for them to take a hit on this. I am still willing to buy stuff from them. Anyway, they give me a Return Authorization, so I ship them back to Ridegear.

Two weeks later I get an email from them stating they will not accpet them because 1) they are a year old, 2) they are smelly and have a road stain on them. First, they knew how old the pants were when I called and got the RA. Second, WASH THE PANTS. Now on the second issue, I assume that they assume that these pants are resalable. Well, because of the defect in the waist size, no one but a very skinny professional basketball player could wear these. The pants are simply not "merchantable."

I know it's not RG's fault that these pants are defective, but they are in a better position to remedy this, than I am. I'm flexible on this. I'll even take a pair of pants that are the correct size. Not even the tailor can make these right.

So I called today, and they are standing firm on not giving me a refund or store credit.

So now I am pissed. I am thinking of suing them in small claims court. $250 is a lot of tacos, and santa Cruz is a nice place to spend the afternoon. I'll guess I'll have to fall back on my evil legal training and find some case law, put it together and sue them.

I respectfully request all you puddknockers to boycott Ridegear for a week or two to further punish this behavior.

End of Rant.
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Old 01-20-2006, 05:14 PM   #2
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Did you try contacting Alpinestars directly? If the pants are defective, skip Ride Gear all together. I always go straight to the manufacturer when I have defective stuff. I had some bad TEKNIC gloves once, and I got the standerd "ship it to us, and we'll ship it to them" response from kneedraggers. The rep from TEKNIC told me he didn't take returns directly, he said he was not at a wharehouse, he wouldn't even give me his address. Well, with a little help from google, I found the addy to his office, and sent him the gloves directly anyway. Got a new pair very shortly after, which I promptly sold.
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Old 01-20-2006, 05:54 PM   #3
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Are you perhaps getting confused between European and US sizes? Looking at their website, it would appear that Ridegear only supply those pants in Small, Medium and Large sizes. If you genuinely got a size 38 pant that would be a 54 Euro size. For me that equates to a Large, so I suspect that you may have got the largest size they do in those pants. A 44"-48" waist size would be Euro 60 to 64. A 38" waist isn't really as small as you seem to think. It would certainly be far too large for me.
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Old 01-20-2006, 06:25 PM   #4
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Quote:
Originally Posted by Schtum
Are you perhaps getting confused between European and US sizes? Looking at their website, it would appear that Ridegear only supply those pants in Small, Medium and Large sizes. If you genuinely got a size 38 pant that would be a 54 Euro size. For me that equates to a Large, so I suspect that you may have got the largest size they do in those pants. A 44"-48" waist size would be Euro 60 to 64. A 38" waist isn't really as small as you seem to think. It would certainly be far too large for me.
According to Alpinestars own site, XXXL should be at least a 40 and should fit someone with a 43"-44 1/2 inch waist.
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Old 01-20-2006, 09:48 PM   #5
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Quote:
Originally Posted by osii
a little venting here. this may be better in Jo Momma but I thought the vendor forum was good.

This is a long, onlgoing saga over a pair of Alpinestars ST-5 Drystar Pants that I ordered from RideGear over a year ago.

Over a year ago I had ordered a pair of XXL pants from RG and they were too small in the waist. I called them and made arraingements to get another pair of XXXL pants and rode down to Santa Cruz and exchanged and picked up the new pants.

Well, I get home, and try them on and they are way too small. Since I've already exchanged one pair of pants, I decide to just try to sell them and take a huge hit. I put them up on a few boards, but no one will buy them at any price because the pants are defective. While they are labeled as XXXL with a 44-48 inch waist, they are in fact only a 38 inch waist. So when I try to sell them, I tell people the truth that they are only about a large as far as the waist size goes. Only Manut Bowl could fit into these things and nobody wants to buy them at even $75 (I paid $250 for them).

So now I finally get around to doing something about this, and I call Ridegear and explain the entire situation. They know the pants are a year old. They know they were worn three times (once by me and they gave a hernia/groin injury for three weeks). They offer me my money back, but I tell them a store credit will be fine. No reason for them to take a hit on this. I am still willing to buy stuff from them. Anyway, they give me a Return Authorization, so I ship them back to Ridegear.

Two weeks later I get an email from them stating they will not accpet them because 1) they are a year old, 2) they are smelly and have a road stain on them. First, they knew how old the pants were when I called and got the RA. Second, WASH THE PANTS. Now on the second issue, I assume that they assume that these pants are resalable. Well, because of the defect in the waist size, no one but a very skinny professional basketball player could wear these. The pants are simply not "merchantable."

I know it's not RG's fault that these pants are defective, but they are in a better position to remedy this, than I am. I'm flexible on this. I'll even take a pair of pants that are the correct size. Not even the tailor can make these right.

So I called today, and they are standing firm on not giving me a refund or store credit.

So now I am pissed. I am thinking of suing them in small claims court. $250 is a lot of tacos, and santa Cruz is a nice place to spend the afternoon. I'll guess I'll have to fall back on my evil legal training and find some case law, put it together and sue them.

I respectfully request all you puddknockers to boycott Ridegear for a week or two to further punish this behavior.

End of Rant.
so let me get this straight

you are pissed because you bought pants a year ago, wore them a few times, they are stained and now you are pissed because the store won't take them back?

sounds to me like they are being reasonable by telling you no - you should have returned them when you realized they did not fit

this one is on you dude

they did not do anything wrong
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Old 01-20-2006, 10:00 PM   #6
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Quote:
Originally Posted by mutineer
so let me get this straight

you are pissed because you bought pants a year ago, wore them a few times, they are stained and now you are pissed because the store won't take them back?

sounds to me like they are being reasonable by telling you no - you should have returned them when you realized they did not fit

this one is on you dude

they did not do anything wrong

Obviously, you just hit the quote button without actually reading anything, so I will reprint the relevant part and highlight it so you can focus:

So now I finally get around to doing something about this, and I call Ridegear and explain the entire situation. They know the pants are a year old. They know they were worn three times (once by me and they gave a hernia/groin injury for three weeks). They offer me my money back, but I tell them a store credit will be fine. No reason for them to take a hit on this. I am still willing to buy stuff from them. Anyway, they give me a Return Authorization, so I ship them back to Ridegear.
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Old 01-20-2006, 10:09 PM   #7
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Quote:
Originally Posted by osii
Obviously, you just hit the quote button without actually reading anything, so I will reprint the relevant part and highlight it so you can focus:

So now I finally get around to doing something about this, and I call Ridegear and explain the entire situation. They know the pants are a year old. They know they were worn three times (once by me and they gave a hernia/groin injury for three weeks). They offer me my money back, but I tell them a store credit will be fine. No reason for them to take a hit on this. I am still willing to buy stuff from them. Anyway, they give me a Return Authorization, so I ship them back to Ridegear.
I read it all - you still have unreasonable expectations. Sounds like they were willing to go out of their way to accomodate you until they realized you were sending them back used and soiled goods.

You did not return them in a timely fashion, and, presumably, did not mention them being stained

Seems to me the deal breaker for the merchant was not being able to sell the item or perhaps return the item to the manufacturer

You had use of the item for one year.

You did in fact use the pants

By your own admission you used them more than once despite them causing hernia, cancer, pinkeye, tyhoid, whooping cough and whetever the hell else

Your expectations seem unreasonable to me, in fact they seem absurd

Now you want others to join you in a boycott because they did not take back one year old used pants and give a you a full price store credit?

I am gonna go buy something from ridegear now just for fun

maybe some pants

ps.s while I would never want you as a customer for any business I may be in your camping equip article is well done
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Old 01-20-2006, 10:21 PM   #8
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To clarify even further, I had these up on ebay, and brought them down when RG gave me a return authorization after hearing and verifying all the facts. You can't just send stuff back to RG. You have to talk to them, tell them what's up, and get a RA. I did that.

If they had just said no from the begining, I probably could be a little more understanding. I was very understanding when I called. I made no threats. I was very nice, and asked how they could help me. I knew it had been about a year. I told them that. I would have just sold them on ebay. Now I get this load of crap, after they've had them for two weeks.

And it doesn't matter if it's a hundred years. If someone sells you something that is defective, you are under no obligation to meet their timetable. A merchant warrants that his products are fit for their intended purpose. If they are not, they have a duty to either make it right or refund your money. We're not even talking about a discontinued item.

Also, I tried to sell them. No one, and I mean no one wants to buy them at any price because of the waist size. They are 2 to 4 inches too small.

Anyway, I've spent close to a thousand dollars at RG, and they won't be seeing another dime out of me. They could have done the smart thing, washed the pants, sold them at a discount, or returned them to alpinestars or their distributor, and I would have continued buying stuff from them. I'm sure they won't go out of business because of me. I'll probably put them on ebay and just file a claim against them for the difference. It'll cost them more to defend it than to pay it. Either way, they'll learn a lesson in customer appreciation.
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Old 01-20-2006, 10:31 PM   #9
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Quote:
Originally Posted by osii
And it doesn't matter if it's a hundred years. If someone sells you something that is defective, you are under no obligation to meet their timetable.
you could not be more wrong

you are required to act as a reasonable consumer and make a timely demand that any improper tender of goods be made correct, if such a request is not made in a timely fashion you usually waive your rights to recover

you did not exercise you rights in a timely, or even reasonable, fashion

RideGear gives you greater time to make a return they are obligated to under law and they go beyond what is required

No Hassle Returns:


We stand behind the products we sell and the service we provide. Because of the commitment to our clients and fellow enthusiasts, we offer the best in the business return policy of 120 days and no restocking fee. We don't make you contact the manufacturer for warranty issues. Let the experts at RideGear handle your exchange. Nobody backs you up like RideGear. Ride On!

source

you were eight months late dude, help me understand how that is their fault

another little post script

how are you going to get proper service and jurisdiction in a small claims matter over a company from another state?


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Old 01-20-2006, 11:12 PM   #10
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Quote:
Originally Posted by MNwilly
Did you try contacting Alpinestars directly? If the pants are defective, skip Ride Gear all together. I always go straight to the manufacturer when I have defective stuff. I had some bad TEKNIC gloves once, and I got the standerd "ship it to us, and we'll ship it to them" response from kneedraggers. The rep from TEKNIC told me he didn't take returns directly, he said he was not at a wharehouse, he wouldn't even give me his address. Well, with a little help from google, I found the addy to his office, and sent him the gloves directly anyway. Got a new pair very shortly after, which I promptly sold.
Repeat! I agree Ride has no reason to give you credit at this point. Contact Alpinestars direct. I'll bet you they help make his right.
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Old 01-20-2006, 11:33 PM   #11
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wow, muti, you just don't get it.

I told them everything. They said, "no problem." They knew the pants were a year old and they knew they had been used three times. They said, "send them back, here's an RA number."

And FYI, if you buy some tires, but don't use them for a year. Then you put them on your bike, and they delaminate or how's this: Turn out to be the wrong size. Do you just have to eat it, or can you ask for a refund?

PS, thanks for the kind words on the camping article.
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Old 01-20-2006, 11:46 PM   #12
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I sent a message to Mr. Alpinestars (pronounced falfinstarryq, yes I know him) with a link to this thread. We should all be getting large cash payments soon!

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Old 01-21-2006, 09:02 AM   #13
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Quote:
Originally Posted by osii
wow, muti, you just don't get it.

I told them everything. They said, "no problem." They knew the pants were a year old and they knew they had been used three times. They said, "send them back, here's an RA number."

And FYI, if you buy some tires, but don't use them for a year. Then you put them on your bike, and they delaminate or how's this: Turn out to be the wrong size. Do you just have to eat it, or can you ask for a refund?

PS, thanks for the kind words on the camping article.
the answer, which pretty much is yeah you would be stuck with it, even the delaminating tire, and definitely the wrong size tire

short answer is a buyer has a duty to inspect goods and verify what was delivered is what was expected


longer answer is

essentially every retail purchase is a miniture contract, a transaction covered by the Uniform Commercial Code.

Here is the relevant section of the UCC - Sections 2-601 and 2-602

This sections states, in part "Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller." (the links are to definitions)

While no specific time is set out, it can different for different types of goods, it is safe to assume that needing one year to determine whether or not you are going to accept or reject delivery of the goods would be considered unreasonable. In the example of the tire the wrong size tire would be your problem. A good example to look at for the defective tire would be the recent issues regarding Metzler Tourances causing a front end wobble at certain speeds. The manufacturer is the one who is making good on the tires. Retailers are exchanging them but Metzler is covering the cost, not the retailers.

While in the case of the tire you may have an action against the tire manufactured, particularly if the defective tire causes other damage i.e. a crash

You may have a argument that in providing you a Ret Auth they agreed to accept return of the goods, but they probably have a better case that the Ret Auth was merely to allow them to inspect the goods to determine whether or not they would allow a return
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mutineer screwed with this post 01-21-2006 at 09:12 AM
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Old 01-21-2006, 06:16 PM   #14
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Quote:
Originally Posted by osii
So now I am pissed. I am thinking of suing them in small claims court. $250 is a lot of tacos, and santa Cruz is a nice place to spend the afternoon. I'll guess I'll have to fall back on my evil legal training and find some case law, put it together and sue them.
I respectfully request all you puddknockers to boycott Ridegear for a week or two to further punish this behavior. End of Rant.
I agree with Mutineer,...Ridegear is right. Don't ask anyone to join a rediculous "boycott"...You look like an ass by posting this.
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Old 01-21-2006, 08:11 PM   #15
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I guess you guys are right. I guess when I contact a merchant, tell them the truth about something, get assurances from them that I can return it, and then when I do exactly what they tell me to do, they just change their mind, I should just be ok about it.

You morons just don't get it. If they had just told me in the begining, "sorry, it's been a year," then I would have been fine with it. But after I send it back, then they say, "it's been a year, you can't return it," then that is bullshit. It's not the fact that the won't accept the return now, it's the fact that they said they would accept the return, then changed their mind that's the bugger.

Anyway, this has definitely proven the point that arguing on the internet is like competing in the Special Olympics, even if you win, you're still retarded.
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