Purchased telephone not delivered?

Questioner

My wife bought two phones, one as a gift - a galaxy s10 - and one for her - a galaxy s21+. One was delivered, the other wasn't. According to the seller, the one that was not delivered was delivered and the one that was delivered was not. But they don't believe us. They do say that we should have signed for it. This is not the case, but they don't want to believe us. We don't want to pay for a product that is very expensive and we haven't had it. It also hasn't been delivered, it's the most expensive of the two with a few hundred euros difference, so not small amounts. What can we do or can we get some kind of letter from you that we don't have to pay or the order should still be sent?

Lawyer

It is clear that you are in a difficult situation. It is important that your rights as a consumer are respected. According to Dutch consumer law, it is the responsibility of the seller to ensure that the product is delivered to you. If this is not the case, you do not have to pay. Here are some steps you can take: 1. Contact the seller in writing (preferably by registered mail) and ask for written confirmation of delivery, including all relevant details such as delivery time, delivery date and - if applicable - the signature that would confirm receipt. 2. If the seller cannot give a satisfactory response, you can indicate that you refuse payment on the grounds that the product has not been delivered. State this in writing to the seller. 3. If the seller still does not acknowledge your claims, you can contact your credit card company or bank (if you paid through this method) to reclaim the amount on the grounds of non-delivery. Although I cannot provide you with a letter, you can use these suggestions to formulate your own letter. It may also be advisable to contact a lawyer or attorney. They can advise you on your rights and may also negotiate with the seller on your behalf. Remember to keep all correspondence. This can be used as evidence if the case goes to court. This is general advice and should not be construed as legal advice. Each case is unique, and there may be aspects of your situation that require a different approach. It is always advisable to seek legal advice from a qualified professional before taking any decisive action.' ---------------- Please note! This orientation advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.