Are there any consumer trained legal people in here?
I need help with this (letter to Dainese)
Earlier this year I bought a nero/nero/antracite one piece Dainese T. Avro-P suit off the peg but unfortunately the fit wasn’t quite right for me, so last September I decided to pay the extra money and buy a made to measure suit.
I approached “Bike Stop” in Stevenage (UK) and was measured up for the suit. As I was happy with the styling of my first one, I asked for the new one to be exactly the same style, expect to have some of the Dainese symbols in black and the change the anthracite coloured strips for black ones. The attached illustration is the one I was sent by Bike Stop and the one I agreed to.
When the suit came, to my horror I saw that there were perforations all down the torso panels in the front and all the way down the upper thighs. I took the suit home but was not happy and contacted John from Bike Stop who said that’s what I ordered. I did not order perforations like this and he has no proof. After exchanging emails, he is not helping me at all or admitting to his mistake or accepting that the perforation options were not explained to me before he decided to add them. He has told me that perforations are not so bad and better in the hotter weather and basically that other people like them , so I shouldn’t be too bothered about it. I ride all year round in the UK and there’s no wayI would order perforations like this as it’s too cold. The suit is breathable enough in the British summer with the other materials that are used. When I pointed out to John that I didn’t ask for this and that the illustration shown to me does not show the perforations on the suit, he says that the word “Estiva” written on the illustration means the suit is peforated. I do not speak Italian, so how am I supposed to now this?
If the illustration said “perforated” in English and not Italian, then I would have seen that was not as I wanted and the problem could have been avoided. If the illustration also actually showed the perforations on the suit panels, as other companies have done, then again I would have noticed this and not given the go ahead until it was changed and the problem would have been avoided.
Bottom line, I did tell Bike Stop when I was being measured that the only changes I wanted to my original suit was to make it more black. (which was done) The original suit only has perforations on a few small places, which is more than enough in the UK. The illustration does not show that the suit is fully perforated from top to bottom and the wording on it is in Italian, so I had no reasonable grounds to be alerted to the unwanted change.
I have not worn the suit as I am not happy with it and would like this problem sorting out. I have spent a lot of money on your suits and expected a better service than this. Once again, I did not want full perforations all down the suit and the agreed illustration does not show them. As I have no suit to wear, I cannot ride my Ducati and the winter is coming.
I also have all the emails that were exchanged.
Please can you look into this and help me out as I’m about to take legal action against Bike Stop who are one of your agents for supplying the suit different to what I agreed to. May I also suggest that in future, perforations are added to your diagrams and the agent or you either translate the wording or everything is fully explained to the customer in their own language.