Q: When a client makes an order and his goods are put aside or ordered specially from abroad, does he still have the right to ask for his deposit back and cancel his order?

A: When consumers make an order and pay a deposit, they enter into a legally binding contract. While the trader binds himself to provide clients with the product ordered at the price and date agreed, clients on the other hand bind themselves to purchase the product ordered.

Therefore clients cannot just change their mind, cancel the sales contract and expect to claim back the deposit paid, unless there was a pre-sale agreement that specifically allows such a refund.

In such situations, the deposit is usually lost. Furthermore, if a product has been specifically ordered for a particular customer, the seller may even have the legal right to oblige the customer to purchase the product ordered and thus pay the full amount due.

Q: If a consumer purchases a product and after a week, they change their mind and decide to return it, do they have a right to claim back the money in cash or a credit note?

A: In situations where consumers change their mind about a purchase, consumer law does not entitle them to a remedy or refund. This means that unless otherwise agreed before the sale, consumers cannot simply change their mind and claim their money back or even a credit note. Such a solution is entirely up to the trader.

The situation is different when the product purchased is defective or not in conformity with the contract of sale. In this case, the law provides that consumers should be offered either free repair or replacement of the non-conforming or defective product. If neither repair nor replacement is possible, or if opted for may cause a significant inconvenience to consumers, then consumers are entitled to part or full refund of the money paid.

Furthermore, if a trader fails to deliver the product on time, according to the date stipulated in the contract, the consumer can claim refund of the deposit.

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