Q: Eleven weeks ago, I ordered a chair from a local seller and paid a deposit. The salesperson promised me that I would get the chair, imported from Germany, in six to eight weeks’ time. To date, this chair hasn’t been delivered to me and the seller is giving me a hard time by not getting back to me every time I ask about my order.

Unfortunately, on the contract of sale, I do not have written down that the delivery would have been carried out in eight weeks’ time.

Can I cancel the order and ask for my deposit back?

A: The Consumer Rights Regulations stipulate that when no specific delivery date is agreed upon at the time of sale or, in this particular case, written down in the contract of sale, the trader is obliged to deliver the goods ordered to the consumer without undue delay and not later than 30 days from the conclusion of the contract.

If the trader fails to make the delivery within this time limit, the consumer shall ask the trader in writing to make the delivery within an additional period of time. If the delivery is not carried out within this deadline, then the consumer may cancel the contract of sale.

Hence, you may communicate with the seller and inform him that if the chair is not delivered to you within a specific date, then you intend to cancel the sale and ask for a refund of the deposit paid.

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