Q: I have paid a local company a €200 deposit to have a fireplace manufactured. Now I am no longer in a position to undertake the expense and have decided to cancel the order. I would like to ask whether I am entitled to claim back the €200 or at least part of it?

A: When a contract of sale is concluded between a seller and a consumer, both parties are legally obliged to honour their part of the agreement. In other words, you are obliged to continue with the purchase and pay for the fireplace when it is delivered to you, and the seller is obliged to provide you with the model you agreed on and ordered.

In your particular situation, it seems it is you who is no longer in a position to continue with the purchase. If the reason behind this change has nothing to do with the seller or a shortcoming from his side, then, legally, you cannot ask the seller to give you the deposit back – unless you have a clause in the contract of sale that allows you to claim it back in case you change your mind.

Since the law does not cover you when you change your mind for no apparent reason, my advice is to speak to the seller and try to reach an amicable understanding.

You may, for instance, try to ask for a credit note. Whatever the solution reached, it must be amicable and voluntary.

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