When is someone obliged to refund a deposit?

Questioner

Good morning, The question is about a down payment I made via Marktplaats for a puppy. Dog was expecting 10 puppies, the last 2 died. One of the deceased puppies was ours unfortunately. Woman indicated that the owners will choose the puppies, so she would let us know if there was any left. 2 months passed and this still had not happened. Finally we sent that we had continued looking and had found a puppy. She indicated that she was happy for us and would refund the deposit, (this is all in black and white) Then sent a tikkie and got nothing back. Suddenly she comes back to it and tries to get out of it. Can she keep the down payment? Or are we entitled to her paying it back? Yours sincerely,

Lawyer

No, she cannot deliver an item based on a consumer purchase and you had already come to an agreement on that. This means that the purchase has been dissolved at the joint request and the parties must ensure that what has been fulfilled is undone. If the seller violates this obligation, there is an unlawful act (unjust enrichment). I would therefore certainly hold her to her promise. How much did you pay in advance?

Questioner

Ah good to know. €250 deposit.

Lawyer

Yes I can try to retrieve it for you via a legal email. Otherwise, please contact me?