Q: Four months ago, I went to a local pet shop and ordered an aquarium. The seller promised me it would be delivered in two months. A few days before the promised delivery date, I con­tacted the pet shop to check if the aquarium was about to arrive.

However, the seller told me there was a delay and that it couldn’t be delivered before another month-and-a-half. I decided to wait. When this period of time elapsed, the seller contacted me and informed me that the container with the aquarium would arrive in two weeks.

I decided that if the aquarium would not delivered to me in two weeks I didn’t want it anymore. It has been four months since I ordered the aquarium, which was supposed to be delivered two months ago. I am tired of waiting and lost a lot of fish because I do not have an appropriate aquarium where to keep them.

When I ordered the aquarium, I paid a €150 deposit. Am I entitled to cancel the order if the aquarium is not delivered in two weeks? Can I claim back the deposit?

A: Since the promised delivery date is not being honoured by the seller, you are legally entitled to cancel the sale and ask for the deposit to be refunded. It is important that the promised delivery date is clearly written on the contract of sale as proof that the terms and conditions of the sale have been breached by the seller.

If you only have a verbal agreement with the seller about the delivery date, you should jot down a note on the contract about the promised delivery date and have it signed by the seller. If this date is still not honoured, then you are entitled to cancel the sale and ask for your deposit.

When a delivery date is not honoured by the seller, consumers may also seek compensation for extra expenses incurred because of the delay.

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