Why do I have to pay the costs now?

Questioner

Ordered bike online. Received proper confirmation that it would be delivered on Wednesday 14.4. Invoice via afterpay. On the day of delivery I suddenly see via track and trace that the bike cannot be delivered. To my surprise, the house number appears not to have been received correctly. Incidentally, this is stated on the invoice from afterpay, which is copied 1 to 1 from the order site. Called immediately, no problem, we adjust it and the bike is delivered anyway. No new track and trace on Thursday, so called again on Friday 16.4. It turned out that the bike first has to be returned to the depot before they can send it again. This would be Tue 20.4. That is too late, since the bike has to be delivered before 21.4. But I have to pay €15 for that. Then, on the advice of customer service, I ordered the bike again. It arrived properly. Then I get a message that I have to pay €25 cancellation costs. I do not agree with this. Everything was filled in, including the house number, which is also on the afterpay invoice. Complaint filed with the company, everything explained. But they do absolutely nothing. It is all my own fault and I have to pay. What else can I do and what are my rights. I think the company is at fault. If the house number had not been filled in, you would expect that you could not place the order + the house number is on the afterpay invoice. (delivery address is not my home address). I would like your advice. Thanks in advance

Lawyer

You may demand from the company the delivery of the bicycle under the agreed conditions with a reasonable time for fulfillment (7 days) without additional costs, otherwise you will be in default and terminate the agreement also on that date. Then all obligations will lapse.

Questioner

Thank you for your response. The problem in this case is that the company blames me for not filling in the house number. The previously ordered bike was returned and I ordered a new bike on their advice. I also received this without any problems. But now I have to pay the costs for the returned bike. The company says that I did not fill in the house number, which meant that the bike could not be delivered. And because the previously ordered bike does not have to be delivered after all, they are now charging me the costs for cancelling. I do not agree with this.

Lawyer

Ok I thought for a moment that there was no bike or payment. Now usually data is filled in automatically on the computer or it is so that what you say is true: the afterpay invoice was correct. Incidentally, the company must prove that a the data was not filled in correctly or b incompletely. In the latter case, the company should even immediately ask what the house number is. If it is cancelled for that reason, the fault is not with the consumer but the seller is in default. He must pay for the costs that come with it himself. So ask for proof that the data was incomplete or incorrect and ask why they did not do something about it immediately?

Questioner

Thank you. I will get to work on it.

Questioner

I contacted the company again and asked why it wasn't checked? This is the response I got: With us, nothing is done manually, the data is automatically transferred and if you have not entered a house number, we unfortunately cannot see it. So they do absolutely nothing with it. If I want to involve the disputes committee, do I have a chance of success? Thanks again in advance for your response

Lawyer

Well that is quite careless because without a house number you can hardly deliver and it seems to me also reason for further investigation or adjustment of the system. You should ask yourself whether you find the extra costs and the burdens associated with a complaint handling worth it. You can read the rulings yourself at the disputes committee to form an image with regard to the obligations of buyer and seller.

Questioner

Yes exactly....okay. thank you very much for the quick response.