Q: Two days ago I went to a local shop to see some dresses for a wedding. I liked a specific dress and left a €120 deposit when I made the order. I was told that if I change my mind, I can exchange the ordered dress with another model.

As soon as I arrived home, I sent a message to the seller asking if they have more than one of the same model dress. They confirmed that they have more than one and that they can sell the same dress to someone else. I did not like this and so I went back to the shop to cancel the sale and also asked for a full refund of the deposit paid. I think it was unfair that they did not inform me about this before I placed my order. Had I known about this, I would not have left a deposit.

I would like to know if I am entitled to a full refund and if the cooling-off period applies in this case?

A: Since you did not specifically request the seller to not sell the same dress model to anyone else before concluding the sales agreement, then I am afraid that the seller is not breaching any law by selling the same dress model to other customers. Hence, your claim to cancel the sale and request a refund of the deposit paid does not have a legal basis.

With regards to your query about the cooling-off period, since you did not order the dress through a distant means of communication but physically went to a shop to place the order, then the right to cancel the sale does not apply in this situation.