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Complaints: calmness or resignation on the part of the customer?
What is actually going on with the widespread online culture of indignation, in which a minor disturbance often turns into a raging shitstorm? In the e-bike forums, however, a certain calmness seems to be setting in: A user by the name of "Hinkel" complains, understandably in a bad mood, about the repeated Failure of motor and control unit of an expensive Rocky Mountain Altitude. Four months without a bike, no solution in sight, summer ruined. Just a few years ago, the outraged community would have been beating the drums for a storm on the bike shop or at least a legal dispute, but today prudence prevails. One participant advises, without contradiction, that after the unsuccessful repair attempts, they should talk to the dealer about a conversion, i.e. returning the bike - and for as long as possible without a lawyer to keep the ball rolling. The good old "us poor bikers against the evil bike industry" has obviously lost its vigour. People explain to each other the important difference between liability for material defects and warranty, point out without malice that rapid sprocket wear is often a user error and wish each other every success. Our call to describe experiences with the handling of claims also revealed only a few massive annoyances.
Is complaints processing becoming more professional?
So is everything good? No, because a sophisticated product like an e-MTB is still subject to a lot of damage, and the amount of damage to the frame, motor and battery can quickly run into four figures. However, one reason that settles many drive technology disputes before they escalate is the technology itself: Current control units sometimes store an immense amount of data, from the temperature when charging the battery to the power called up and tuning attempts. This exposes many a supposed reason for complaint as user error. On the other hand, the e-bike boom has also led to dealers and manufacturers increasingly professionalising the rules and processes for complaints.
In our E-MTB special "All the facts for beginners" you will find even more useful information:
Staff expansion for better complaints handling
The floors at Specialized's German headquarters have just been taped up and it smells of fresh wall paint. Specialized is expanding its office enormously. The number of employees for Rider Care alone is growing by 50 per cent. Ulf Beckmann, who is also responsible for this as a member of the management team, sees good reasons for the expansion: "When you buy an e-bike, you buy a complex vehicle," he says. "There are service intervals, software updates and a product that you can no longer do everything yourself. The need for interaction with the dealer or manufacturer is therefore greater than it used to be. And the customer also expects ever shorter response times!" The brand has therefore not only expanded its team, but also digitalised its complaints business and bundled it into forms that the respective dealer has to fill out - because the dealer, and not the manufacturer, is the point of contact for dissatisfied bikers.
"The seller does not have to pay for the wear and tear of wearing parts. This can lead to disputes, as the boundary between wear and tear and material defects is often not easy to recognise." - Consumer advice centre NRW
The following applies to the dealer: 2-year warranty for material defects
Above all, the statutory liability for material defects places the onus on retailers. In a nutshell, the law states that the retailer must guarantee for two years that the product has the advertised properties and was in perfect condition when purchased. In the first year - until 2022 it was only the first six months - the buyer does not even have to prove that the defect was already present in the shop. Of course, normal wear and tear and violent damage are not grounds for a complaint, but a bike and all its components must be able to withstand the intended use without failing due to faults in the design, materials or initial assembly. If it does not, the dealer must make improvements and may even have to refund the purchase price after several failures. The buyer may then have to pay a "usage fee" for the corresponding time, but neither the transport nor the workshop costs should be borne by the buyer. In the case of an e-MTB, such a return shipment can be very expensive for the dealer.
As the seller of the bike, the shop operator is the legal point of contact for bikers and their desire to assert a warranty claim. However, when it comes to complete bikes in particular, the shop is dependent on the manufacturer's support. Michael Dodl, the owner of Mike's Bikes in Füssen, also has customers who live far away, but so far he has been spared the hassle of long-distance processing: "I have also selected my brands according to how they support their dealers in such cases," he says. "In my case, if a customer from far away has a complaint, the manufacturer instructs an authorised dealer near the customer to deal with it, even if I sold them the bike."
Guarantee promise: Voluntary service of the manufacturer
And then there is the warranty. The dealer is legally excluded from this: It is a voluntary promise of quality from the manufacturer. They advertise it to increase confidence in the brand. It does not normally apply to the bike as a whole, but only to the parts of the respective bike manufacturer, i.e. usually primarily the frame, sometimes also the wheels, cockpit or other add-on parts if these are the bike manufacturer's own brands. Most motor and battery manufacturers also offer warranties - with their own conditions and deadlines. Some warranties sound great at first, but it's worth reading the conditions before you buy. Warranties that exclude downhill riding, require extremely long and costly service intervals in an authorised workshop or do not last longer than the statutory liability for material defects are of little value. In contrast to claims based on liability for material defects, the costs for the workshop and possibly for the installation of necessary new parts (for frames of a different model year, these would be, for example, bottom brackets, head bearings or thru axles) are usually borne by the customer.
Although the warranty promise is actually the responsibility of the manufacturer, the dealer also has to deal with it: They are not responsible for the manufacturer's warranty, but in many cases they have to take care of it.
92 % of complaints went wrong
Whether warranty or guarantee - many retailers are obviously overwhelmed by this: The Federal Association of Consumer Centres recently evaluated 100 complaint cases across all sectors in 2018, in which buyers with defective products sought help. In an incredible 92 per cent of cases, the retailers were in breach of the law. They dismissed customers, declared that they were not responsible, made false claims about the legal situation, demanded processing fees or assumed that they were at fault. The retailers cannot be accused of bad faith across the board - the matter is simply so complicated that many cases are probably based on ignorance.
In most cases, these are user errors by the customer
However, if you ask around at dealers and manufacturers, there is also a lack of knowledge on the customer side. At the Specialized headquarters in Upper Bavaria, Rasmus Lang heads the Rider Care team, which deals with specific individual cases. His observation: "A growing proportion of the technical problems experienced by customers are user errors and not design or manufacturing defects. Wear and tear is a particular issue with e-bikes. Some people underestimate the great power of the motors, which act directly on the components if the shifting behaviour is incorrect. Then the small sprocket is quickly ruined - especially with lightweight material. This is usually not a case for liability for material defects. But I have the impression that the shifting behaviour is gradually changing, at least the complaints about chain tears or worn sprockets are becoming fewer, with the same hardware."
Dortmund bike dealer Wiebke Landwehr also responded to our call for complaints: "Sometimes customers come into the shop with the attitude of wanting to claim a guarantee, warranty or goodwill - and all that quickly and free of charge," she sighs. "And then I see sprocket sets where the two smallest sprockets (and only those) are completely worn out because they have obviously not been oiled or shifted properly. Or a torn rear derailleur that has wrapped itself in the spokes because the bike was lying on it when it was taken for a bike tour in the car. A derailleur hanger bends when 28 kilos are on it - and we're supposed to repair it under warranty?" But of course Landwehr also occasionally sees justified reasons for a complaint. "And if you're respectful and friendly," she says, "that's how we treat you. In most cases, even the manufacturer addresses the issue. Why should we oppose this in such cases? We want satisfied customers first and foremost!"
The comparison: Warranty vs. liability for material defects
1 Guarantee
A warranty is a voluntary promise made by a manufacturer. Typically, the manufacturer of a bike promises that parts of the bike manufactured by them (usually at least the frame) are free from manufacturing defects. Other parts are usually not included. A warranty only makes sense if it extends beyond the period of liability for material defects. It is advisable to read the terms and conditions carefully. Frequent pitfalls: registration after purchase, regularly documented workshop service. An "equivalent" frame is guaranteed, but not an identical one. Costs for necessary replacement parts and assembly are usually extra. A "lifetime" guarantee usually refers to a standard product service life.
2 Liability for material defects
The retailer must be responsible for ensuring that the product was free from defects at the time of purchase for two years after purchase. For products purchased after 1 January 2022, the retailer must be able to prove for a full year that the defect was not already present at the time of purchase; previously, this only applied for six months. Another advantage for the customer: The product must be in the same condition after the complaint as it would have been without the damage, i.e. identical in terms of colour and technology. The buyer does not incur any costs for transport or installation. The retailer has the option of repairing the product at least twice. Only then can the customer withdraw from the contract and demand his money back.
The customer view: Benjamin Heinemann, mountain biker
Benjamin Heinemann gave in to the temptation of low-tax leasing and treated himself to a customised e-MTB. He already knew and appreciated the brand for his muscle bike. But the pedelec came from the factory with a damaged motor. "It sounded like a coffee grinder," he recalls. Heinemann complained. The manufacturer, a mail-order company, initially recommended sending the motor to its own service department to have the damage assessed - which would almost certainly have invalidated any warranty in the do-it-yourself process. Fortunately, an authorised Shimano dealer confirmed the motor damage, whereupon Shimano recognised the claims and the e-bike manufacturer agreed to cover workshop costs of up to 100 euros. Heinemann advanced the workshop costs - and politely emailed after his money for almost three months. "I'm a service provider myself," he says. "If I acted like that, I wouldn't have any more customers. We're not talking about 5000 euros here, but about a clearly promised 100 euros!" His second bike from this brand will also be his last.
The dealer's view: Michael Dodl, Mikes Bikes, Füssen
At Mike's Bikes in Füssen, the clientele is clearly off-road orientated, with a downhill focus. Dodl sells several rather high-priced brands, and the customers' service requirements are correspondingly high. Although he has selected the brands because of their support for him as a dealer, he sometimes has to improvise: "The manufacturers can no longer get the parts. Wheelsets and rims in particular are a problem, but frames also have immense delivery times. When a complaint comes in, I can't always wait until the authorisation is checked and a replacement is delivered at some point. It can take the customer a whole holiday, and I want to keep people happy. So there have been times when I've had to borrow my own equipment or that of my wife. That's then at my expense."
The manufacturer's view: Rasmus Lang, Specialised Rider Care
Specialized's German headquarters is ultimately responsible for all complaints that the dealer does not handle as a gesture of goodwill for the sake of simplicity. The manufacturer supports its dealers with the relevant replacement parts in the event of a warranty claim and also pays them workshop flat rates for installation in the event of material defects. Communication between the dealer and manufacturer is almost always digital, and defective parts are rarely sent out. In the case of the dented, broken chainstay on Rasmus Lang's screen (photo), the dealer asked the manufacturer for help in making a decision. "There are cases like this," says Lang, "where even the dealer has doubts. This is supposed to have happened without a crash? Well, I would have my doubts too. But before I call in an expert or the customer comes to me with a complaint, I prefer to take the pressure off: We made him an assisted replacement offer, i.e. a new frame at a reduced price. He accepted it and the case was closed." In times of the pedelec boom, the service team is very busy and has to make quick decisions. "Certain problems can crop up again and again. If the customer gives the dealer a credible description of the damage, we don't have to analyse every single case."
Subscription and leasing: avoid technical hassle with third-party bikes
1 Subscription
If you want a high-quality e-MTB but will only be using it for a certain period of time, you can subscribe to it. In principle, this is a long-term rental for at least a quarter of a year. The not entirely favourable rate includes insurance against theft, but also repairs and the replacement of wearing parts. Service and repairs are carried out by authorised workshops on site after the damage has been reported to the rental company. At the end of the subscription, the e-bike is refurbished for the next renter. With providers such as eBike Abo, high-quality fullys cost up to over 200 euros per month.
2 Leasing
The second way to wear out an e-MTB without having bought it beforehand is to buy it. Leasing models. Unlike bike hire, leasing models are tax-favoured: If the employer has a contract with a leasing company, the instalments are deducted directly from the gross salary before tax. In addition to the obligatory theft insurance, repairs and wear and tear can also be insured for an additional charge. Mobility guarantees can also be booked. The choice of bikes is somewhat limited depending on the leasing company. The leasing service is provided by the dealer from whom the bike was selected.
Interview with Dip.-Ing. Dirk Zedler, sworn bicycle and e-bike expert
"I sometimes wonder how people communicate."
EMTB: The frame of the E-MTB has a crack, the motor grinds like a pepper mill, the display remains dark. What to do?
Dirk Zedler: First of all, you should collect all the documents relating to the purchase and document the damage clearly and with the date. Sharp, correctly exposed photos from several perspectives can now be taken with almost any mobile phone. First a long shot, then the details. Because the mobile phone automatically saves the photo data, the time is also documented. This can be important. Then contact the dealer. They - and not the manufacturer - are responsible.
Presumably the dealer wants to keep the defective part, if only to substantiate his claims against his supplier. Should I really hand over my evidence?
In the case of physical damage, I wouldn't let it out of my hands. But in the case of normal material defects that are already documented, this is the usual way. After all, the product is still your property and must not simply disappear from the dealer's premises. Ask for a receipt.
How can I increase my chances of the dealer repairing the e-bike or refunding the purchase price?
I sometimes wonder how people communicate. Seriousness is required in business, even in the bike industry. I can't come here with a series of sloppy WhatsApp messages and useless photos and expect to be taken seriously. Simply talking to each other and then keeping a record of it is not a bad idea either.
Does it help to hire a lawyer right away?
We should leave the church in the village. If you escalate to the maximum right away, you quickly have a new hobby on your hands, which, even if successful, usually robs you of more time and money than is really at stake in the damage. As an expert witness, I have had to travel across the country to a court hearing to personally confirm that the problem in dispute would not have occurred if the plaintiff had oiled the chain. The written expert opinion was not enough for the plaintiff. The whole affair ended up costing him several thousand euros.
Guarantee? The 10 favourite brands of EMTB readers*
The warranty is almost always only valid for the registered first owner. Some manufacturers offer an extremely discounted replacement for a frame destroyed in an accident (crash replacement). Incidentally, a "lifetime" warranty does not refer to the life of the owner, but to a typical product lifetime. It is not a lifetime subscription to top-quality material. Paint, components and battery/motor are covered by any warranties from the respective manufacturer. Otherwise, only the statutory liability for material defects applies.
*Source: EMTB reader survey 2022, purchase intention
Interview with lawyer Dr Heidelbach: Problem cases in warranty processing
Where even knowledgeable consumers reach their limits with their knowledge, a call to an expert can help. We asked Stuttgart-based lawyer Dr Michael Heidelbach from the law firm Heussen about problem cases involving warranties and guarantees.
EMTB: What should I do if I don't like the colour in a warranty case or if a replacement frame doesn't match the other add-on parts?
Michael Heidelbach: In the case of a defective purchased item, the seller owes subsequent fulfilment. He must then put the buyer in the same position as he would have been in without the defect. This means, for example, that he must install the same frame for the buyer that he previously removed. This also applies to the colour. If the frame suddenly has a different colour, or is even a different frame, the buyer may again demand rectification from the seller. If, on the other hand, the warranty is involved, the guarantor formulates the conditions as he sees fit.
What is the legal situation if I buy an e-bike outside the EU?
Anyone who delivers to the EU must comply with the EU warranty directives. But be careful: as a consumer, I can claim the warranty, but it will usually be very difficult to enforce in practice. It is therefore not advisable to buy goods of relevant value in non-EU countries. The seller or manufacturer determines the warranty terms themselves anyway. For example, if they offer a worldwide guarantee, you can claim this in the country of the seller or manufacturer. However, this can also be difficult in practice.
Is the warranty transferred to the new owner when buying second-hand?
In the case of statutory liability for material defects, the regulation is simple: the commercial dealer concludes a contract with the private buyer - and only with this buyer. If the first buyer later resells the purchased item, there is a new contract between the first buyer and the new buyer. If the new buyer wants to make a complaint, the private seller is the right person to contact. However, private sellers often exclude all warranty claims, and they are allowed to do so. The second-hand buyer can then no longer assert any warranty claims.
Is the warranty period or the period of liability for material defects extended if they have been utilised? Does a replaced E-MTB frame have a new warranty period?
The limitation period for the expiry of the warranty period or the period of liability for material defects shall only be interrupted if a material defect is asserted and expressly recognised or by replacement. However, this does not apply to the entire bicycle, but only to the defective and replaced component. This means that the limitation period for the component begins anew when it is replaced, but not for the rest of the bike.
Suppose an e-bike fails so badly within the warranty period that a cycling holiday lasting several weeks has to be cancelled or I need a rental bike for my commute to work - can I then make a financial claim?
In the event of a material defect, the buyer can claim compensation for futile expenses that he has incurred in reliance on the receipt of the services, i.e. theoretically also something like a flight ticket already paid for because he trusted that the bike would be available to him for his holiday. However, there are so many prerequisites for this that there is certainly no blanket entitlement. It must be clarified on a case-by-case basis, if necessary with the help of a lawyer, whether and to what extent the claim can be enforced.
According to the latest legal situation, the dealer must have a "bulky item" collected at his own expense in the event of a warranty claim. A pedelec is likely to be such a bulky item. Does this assumption of transport costs only apply to the mail order business or also to the stationary retail trade?
No, this only applies to distance selling transactions, i.e. for items purchased over the telephone or internet. The law states the following: In the case of off-premises contracts where the goods have been brought to the consumer's home at the time the contract is concluded, the trader is obliged to collect the goods at his own expense if the goods are of such a nature that they cannot be returned by post. The wording explicitly refers to "contracts concluded away from business premises" and therefore not to bricks-and-mortar retail.
