Cancellation of purchase of sofa


Questioner

I am currently involved in a situation regarding a purchase agreement that I wish to cancel. On 11/11/2023 I entered into an agreement with XYZ for the purchase of the Sofa. I indicated that I wished to cancel this purchase on 19/11/2023, and was informed that the small print of the agreement stated that in the event of cancellation by the customer, cancellation costs of 50% of the purchase price would be due. However, I believe that these costs are disproportionate, given that it was a standard model that was already in stock and no specific production was required for my order. I tried to discuss this with the branch where the purchase took place but was told that they could not do anything about it and that they would stick to the 50%. I then asked for contact details of someone at the head office who is responsible for this but was given a number for another branch where I was immediately hung up on. In the meantime, on 24/11/2023, I indicated in writing via customer service: I want to officially cancel the purchase without agreeing to the 50% cancellation costs. I stated that I expected a response to my report within 2 weeks, but I did not receive this. I would like advice on how I can proceed now to get my rights. In my own research I quickly came across a statement that seems to prove me right. https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBAMS:2020:3087

Lawyer

Considering your situation, I recommend the following steps: 1. Document Everything: Make sure you have a detailed record of every interaction with the seller, including dates and times, the names of the people you spoke with, and the content of those conversations. Also keep all written correspondence. 2. Be clear in your communication: Tell the seller again, in writing, that you believe the cancellation fee is unfair, given that no additional production was required for your order. Include the statements you found that further support your position. 3. Contact the Disputes Committee: If the seller is not reasonable, you can submit the situation to the Disputes Committee for Housing. Make sure you have all your documentation, including the purchase contract and all correspondence, with you. 4. Consider legal action: Depending on the position of the seller and the Dispute Resolution Committee, you may also wish to consult a legal advisor to consider legal action. It is important to note that I am giving you general advice here, based on your situation. Each contractual relationship is unique and can have different legal consequences depending on the specific facts and circumstances. It is therefore advisable to seek expert legal advice before taking any action. ---------------- 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.

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