Refund for not delivered windows?

I signed a delivery contract after receiving a quote for new windows with Tripple HR++ glass including the delivery service. The original delivery date was set for 15th of December - I made a deal with this specific supplier because he promised to deliver it the fastest. Because of the shortage of materials the delivery was postponed for 16th of February. Now its mid March and I still dont have my windows. Each time I call the supplier he is too busy to pick up and texts back with the promise to call back. Of course he never does. If I by luck catch him on the phone, he makes promises that never happens... I would go to another supplier a long time ago, unless i wouldnt pay the deposit of 80% already. I would like to eather get my money back or push him to delivery asap with a discount for the inconvenience.

Silvienne Leito

Jurist

Nieuwerker a/d IJssel

272

35 uur

16 maart 2023

Good afternoon,

Under normal circumstances, the seller should honour the contract. It is also important to know whether you bought the goods as a private individual or as an entrepreneur, as the rights of a buyer entrepreneur are different (less strict) than those for consumers. It is also important to go through any general terms and conditions, as provisions may affect your legal position. Did the seller state for example that the manufacterer has trouble producing the products due to a scarcity? All these circumstances need to be taken into account to determine if a refund is possible.

In case the seller can be summoned to comply, a reasonable time limit can be set. If this is not done, the seller should refund the amount. In this process, it is of course possible to suggest applying any discount for the delay. If you would like to discuss your case in more detail, please feel free to contact us.

Sincerely,

Mr. S. Leito (LL.M.).
FerLei Legal
06-49175526

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19 maart 2023

Hello, I have ordered the services as a private homeowner (so not with VVE). the seller did not specify any of these circumstances in the contract, but has reasoned it verbally (indeed due to scarcity). Thank you I will contact you this week!

Zuzana

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