Q: Is this a case you can take and win?
I bought an electric Mtn-bike:
I attempted to return the bike within the allotted time (30-days), but the E-bike company kept avoiding my request and offered to send me out more brake pads.
The Ebike X-Treme return policy is clear. After you used the bike it did not qualify for a return.
WHAT? We can't test ride the bike?
Beside my brake pad situation, their was obvious red flags. The assemble directions were sent out with the ink smeared and faint. Words were missing. I thought I was buying an adult bike but the design of the bike was built for a child. No back bike rack assembly directions. A lack of safety function: We couldn't tighten up the bike seat-It kept falling down.
On the first ride my son had an injury because he couldn't stop. He sprang his an ankle. After the injury I made a request to return the bike. My request was ignored. The E-bike customer support kept offering me more new brake pads. We went through 3-BP in 3-weeks.
A Colorado attorney could advise best, but your question remains open for two weeks. I hope your son is okay. In terms of your question, no one could answer that based on these facts alone. One would need more information in terms of why the bike couldn't stop, among other issues. Additionally, an attorney would likely want to know more about the position of the retailer or manufacturer. You could reach out to a Colorado attorney to discuss in greater detail - and whether the matter would be something cost-effective to involve an attorney in. Good luck
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