Q: A few days ago, I went to a baby shop to buy a playpen. The model I liked was out of stock but the salesperson said that new stock would arrive in two weeks. In order to avoid disappointment, I decided to place a €40 deposit to reserve one.

The next day I was given a playpen as a gift, so I called the shop to cancel the order. The salesperson refused to cancel my order and instead gave me two options: lose the deposit or spend the whole amount of the order on something else. I never expected the deposit back but at least I thought I would be allowed to spend the €40 on another item. The salesperson kept insisting this was not allowed. He said that the law did not provide such a solution.

What are my rights in this situation?

A: Since it was you who changed your mind about the order placed because circumstances turned out the way they did, consumer law does not give you the right to cancel the order and ask for a refund of the deposit. Legally, you are bound by the contract of sale and the seller is not obliged to give you back the deposit paid or allow you to use it on something else. In such situations, the only possible solution is to reach an amicable understanding with the seller.

Hence, if the seller insists you use the deposit on something else of the same value as the original order, you either do so or lose the €40 deposit.