Cycling in Sydney Australia
Mmm sounds like a case of caveat emptor.
Sure you can use a track bike on the road, people do. It's a choice albeit a daft one in my view. Others may differ.
The tyres story does sound like twaddle, but hey.
Most modern track bikes are not designed to soak up bumps, their ain't any on the velodrome. I tested out my track bike and it was a horrible ride.
A purpose built fixie is the way to go
and I think the Jamis Sputnik is just this, have heard peoples say these bikes are good but that would have been around the 2009/ 2010 model. Doubt they would change the frame much but the bits could be different.
Any retailers lack of or stated returns policy, does not preclude your rights under Australian Consumer Law:
"Businesses that sell goods guarantee that those goods:
are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for..."
It would be up to you to prove you both
a) said you wanted a track bike suitable for riding on the road, and
b) the product you were sold was not fit for your stated purpose.
I think the trick you're going to find is that there is a natural contradiction in asking for a bike that is designed for riding on a track for the purpose of riding on the road. In reality, the retailer should have advised no such thing exists (especially given a standard brakeless track bike is not legal for use on the road - assuming it was sold to you wihout brakes), but this is balanced by the fact they did indeed sell you a product that wasn't fit for purpose. To me, it would probably come down to a "he said, she said" kind of argument".
It sounds like you are close to resolution - I would suggest you offer to pay the normal retail price for the new tyres (and get to keep the old tyres), and you both walk away happy? Failing that, assert your consumer rights.
It might also be worthwhile sending your story to the ABC tv's consumer information program "The Checkout". They are supposedly appearing again this year and are on the look out for issues like this where consumers are deliberately misinformed and screwed by suppliers who are not obeying the law. The program is a much more serious side of "The Chaser" crew and extremely well done.
"my main intention for raising this thread is to make people aware of checking the Returns Policy of a bike shop"
I understand your motives, however, it needs to be understood that any business returns policy is over ridden by the need for the business to comply with their legal requirements in dealing with goods which a customer wishes to return for whatever reason.
Dama I guess you were sucked in by the look and were pretty naive about what a track bike actually is. But I really respect that you have not identified anyone and are just making the Returns Policy point.
This type of occurrence is not new. It is kind of assumed that people know about the brakeless track bike. But actually they don't. The retailer would know that. And they should have sensed you had no idea what you were getting into. They should accept the return.
Its a dispute, for which you've only heard one side of the story.
I'd suggest that when someone specifically goes to a store after a track bike to ride on the road, and gets what they want, and then they change their mind, that its going to be something of a struggle to make beat-up television out of it.