Cancellation costs if general terms and conditions are not submitted?

Questioner

I made a purchase at a store together with a friend on Saturday 14-10-2023, it concerns a shower wall with a purchase price of 522 euros. On Monday 16-10-2023 I had an unpleasant feeling about it and I indicated that I wanted to cancel my purchase. On 17-10-2023 I received a message from the store that they are allowed to charge cancellation costs in accordance with the general terms and conditions and that they do this at 50%, 261 euros. I read in the agreement, which I signed, that they use the CWB conditions and are part of the purchase agreement. However, I have never received, received, read or anything like the general terms and conditions. The general terms and conditions were not handed to me. I am of the opinion that, because they have not met the requirements of handing over and their duty to provide information, the general terms and conditions do not apply in this case. With this, I want to invoke consumer law, specifically the right of withdrawal, and therefore not pay any cancellation costs.

Lawyer

Good evening, As a consumer, you are reasonably well protected. The right of withdrawal applies to orders that have been made online. If that is the case in this case, you can indeed invoke it and ask for your money back. If the purchase was made (physically) in a store), this does not apply. However, most stores have a return policy, whereby a product can be returned within e.g. 14 days, provided it is in the box, not damaged, etc. Information about this is usually on the purchase receipt. Regarding the general terms and conditions, it is indeed the case that these must be provided in order to be applicable to the agreement. Have the general terms and conditions been filed with the Chamber of Commerce? Please feel free to contact us to discuss your case further, as some information is missing to be able to provide you with proper advice. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526