Is a dog deposit justified?

Questioner

We made a deposit of 300 for a dog. However, we now receive a partial invoice of approximately 600 euros to pay without having seen the dogs and without knowing which puppy we are going to get. In addition, the general terms and conditions also state that the total amount must be paid before picking up the puppy and the invoice states to transfer within 5 days. We therefore do not want to transfer the money without having seen the puppies in real life and knowing which ones we will get. We would like to know if we can cancel the agreement if we do not agree in the end. That we lose the deposit is okay but we want to know if we have to pay the amount of 600 before we have even visited the puppies and if we want to cancel the agreement, we will get that 600 back. A provision in the general terms and conditions is: Buyer is entitled to cancel the current choice up to the moment of collecting the chosen dog. However, there is no possibility of refund of the agreed amount after registration. It is not clear to me whether this refers to the amount of the registration fee or also all amounts transferred afterwards?

Lawyer

Good afternoon, Can it be assumed based on your story that it concerns a professional seller/breeder and you as a consumer the buyer? It is not clear from your story what was agreed upon in advance. If the invoice states that you must be paid within 5 days, what is the date of the invoice? If the final payment term is after the moment of collecting the puppy, you can inform the seller that you will pay after you have seen the puppy and agree. By the way, it is very questionable whether the general provision is allowed. In order to be able to give a good answer to that, the agreement and general terms and conditions, but also correspondence between you and the seller must be reviewed. Feel free to contact us without obligation to discuss your case. Kind regards, Silvienne Leito FerLei Legal 06-49175526