What can I do if I bought and paid for an iPhone through a web shop and nothing was delivered?

Questioner

On 6-10-2023 I bought an iPhone 12 and paid immediately (364 euros) via the web shop of www.XYZ. But in the end this phone turned out not to be available at all. I found this out after I called the customer service number of this company. I did wait in line for 1 hour first. Then it was agreed by email that my money would be refunded, that could take 15 working days, this period has now long expired. I have now tried to contact customer service several times by phone, but after waiting in line for 2 hours with multiple phones I hung up, I can no longer get through. I have also sent many different emails to customer service. But I hardly get any response here either. The last response was on November 20th with the email below: Dear X Thank you for your message. We apologize that you have still not received this payment. I have requested our financial department, as well as my manager, to pay the amount urgently. Further information and a credit note will follow. If you have any further questions, please feel free to ask. Our team will be happy to help you. Yours sincerely, Michael Customer Service XYZ This was after I had let them know by email that I had filed a report (online) with the police. But after that, there is no more contact. And I still haven't received my money back. I send an email to the customer service of this company on average 3 times a week, but nothing seems to help. There are already a lot more victims if I read that on the internet. If only I had checked that properly beforehand......I am really pissed off. Unfortunately, I also don't have legal expenses insurance for this part. Desired solution for me: I would like to get my money back from the purchase that was never delivered, as promised to me by email on October 19, 2023 and November 20, 2023 by the company. I need help with this because unfortunately I have not achieved this myself so far. What else can I do than what I have already done so far? I'd be very happy to hear it. Kind regards, X

Lawyer

I understand your frustration and I hope I can help you further. You have already taken a lot of action and that is very good. Here are a few additional steps you can consider: 1. Written demand: Send a certified letter to the web store formally requesting that they refund your money within a reasonable period of time, such as two weeks. This will give you stronger evidence that you have actually tried to get your money back should a lawsuit follow. 2. Consumer supervision: You can file a complaint with the Netherlands Authority for Consumers and Markets (ACM). They cannot directly help you get your money back, but your complaint can help them in future investigations into abuses in the digital economy. 3. Dispute Committee: If the webshop is affiliated with a Dispute Committee (Thuiswinkel, for example), you can consider filing a complaint there. Please note that there may be costs associated with this. 4. Lawsuit: If all else fails, you may consider taking legal action. You have the right to demand ‘performance’, either delivery of the goods or a refund of the amount paid. You may be able to reclaim the costs of this from the other party. It is important to know that you have rights as a consumer, especially when it comes to online purchases. According to Dutch consumer law, you are entitled to a refund if your order is not delivered within 30 days, unless you have agreed otherwise with the seller. It is also valuable to know that you may cancel the purchase within 14 days without giving any reason if it was made via an online store (right of cancellation). I hope these suggestions can help you further. Remember, for specific legal advice it is advisable to contact a lawyer or attorney. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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 I would like to invite you to rate the above answer so that we can learn from your response.