Due to serious safety deficiencies, Babboe customers should not use their cargo bikes for the time being. ADAC expert Klaus Heimgärtner explains whether customers can get their money back.
The Dutch cargo bike brand Babboe is one of the most popular on the market, especially among parents. But due to a series of unexplained frame fractures, the Dutch authorities recalled numerous models last week and imposed a complete sales ban on all Babboe bikes (Here you can read more about it).
Babboe has also extended the sales stop to Germany, as the manufacturer announced on its homepage. In an email that Babboe sent to German customers over the weekend, the company also emphasized that it agreed with the recommendation of the Dutch authorities to “not use the models in question for the time being.”
Do Babboe customers get their money back?
And now? “We assume that we will be able to inform you about the next steps and a possible recall in the near future,” Babboe simply writes. Quite unsatisfactory for customers who have invested a four-figure sum and are dependent on the vehicle in everyday life. Klaus Heimgärtner, lawyer for traffic law and consumer protection at the ADAC, explains the legal situation.
Mr. Heimgärtner, Babboe also has customers in Germany about the sales stop of his Cargo bikes informed and recommends not using the models in question for the time being. But doesn’t Babboe also have to present customers with a solution to the problem?
If the product has a defect that could lead to personal injury, the manufacturer is obliged to warn its customers. We know this from the automotive industry. If he does not inform and an accident occurs, he will be liable for damages. By saying “Don’t drive” he initially complied with the product safety regulations.
Babboe wheels cost as much as a used car. As a customer, can I now request my money back?
First of all, this is not a matter between manufacturer and customer, but between seller and customer. The statutory warranty claims apply – two years for new bikes, at least one year if I bought it used from the dealer. During this period I can contact the dealer and request that defects be corrected. If he cannot afford it, I can withdraw from the contract.
But is it enough to report that there have been frame breakages elsewhere to claim a material defect yourself? I don’t even know if there’s something wrong with my bike in particular.
This is indeed difficult. If the frame breaks on one bike and not on 99, it is very questionable whether I can rely on it. If the dealer says that nothing is broken on your bike and that the latent danger is not sufficient, then as a customer I would have to take legal action if in doubt.
What are the chances of success?
How a judge would decide is unclear. Whether it is advisable to start a legal dispute with my bicycle dealer is at least questionable.
What if I contact the manufacturer directly? According to its homepage, Babboe offers a five-year guarantee against construction and material defects on the frame.
A guarantee also only applies to defects or defects that actually occur. Anything else would be goodwill.
Will the situation change if there is an official recall in Germany – like in Holland?
That depends on what is involved in the recall. In the automotive sector, manufacturers and market surveillance authorities usually consider a technical upgrade that can solve the problem. I don’t know whether that would be possible here. In the worst case, withdrawal from the market can be ordered and the manufacturer must then try to get his product back. However, it is unclear how much.
Does that mean Babboe customers are staring down the barrel?
In any case, I am not aware of any case in the automotive sector in which customers have received the purchase price back in the event of a recall or return. This happened in the food sector, for example when metal parts were found in biscuit packets. But a pack of cookies doesn’t cost much, so companies can be accommodating. In any case, the market surveillance authorities cannot order compensation and whether Babboe could afford voluntary compensation on such a large scale seems questionable. If things go wrong, Babboe customers are simply out of luck.
What if I continue to ride my Babboe bike and have an accident due to a broken frame. Am I insured then?
Of course, health insurance pays if you injure yourself. You can have a problem with private liability insurance. If I cause damage to third parties because of a broken frame on the bike, even though the manufacturer told me not to do it, it is not safe, this could – depending on the insurance conditions – lead to a reduction in benefits or even a refusal of benefits due to a breach of duty or obligation of private liability insurance.
So it’s better to leave the Babboe bike behind?
Everyone has to think about that for themselves. We have not experienced any cases of frame breakage at the ADAC. On the other hand, the authorities in the Netherlands do not impose sales bans and recalls for no reason. Unfortunately, we don’t yet know what exactly led to the reported frame breaks, how likely they are and how suddenly they occur.
Source: Stern
