Q: Six months ago, my wife and I ordered a shoe cabinet from the local sellers of an international brand. We already had one but we wanted another one similar to the one we had.

We paid a small deposit and the rest of the payment had to be made upon delivery. Months passed and we still did not receive our order. A few days ago we decided to go to the seller to cancel the order and ask for a refund of the deposit.

However, on that same day we were informed that the shoe cabinet will be delivered to our house the next day. We accepted and the cabinet was delivered, as agreed.

Upon delivery, I paid the rest of the amount due. When my wife arrived home and saw the cabinet, she realised it was not what we had ordered, but a different model. We informed the company about this and were told that they wrote the order in our presence and that they couldn’t do anything.

Even though we were present, we did not see what they were writing and we never signed the order. The only document we were given was the receipt of the deposit, which did not have a description of the type of cabinet ordered.

What legal rights do we have in such a situation?

A: When we place an order and pay a deposit, it is our responsibility to make sure we have proof of what we ordered. When we have such proof, if mistakes occur, there should not be any difficulties to obtain a remedy. In this case, this would be either having the wrong shoe cabinet replaced with the correct one, or a money refund.

In your case, you do not even have a copy of the order you placed. The seller should have given you a copy of the order. However, at the same time, since you were the ones forking out the money, you should have made sure you had a copy of the order upon placing the deposit.

You can file a complaint with the Office for Consumer Affairs but you must keep in mind that since there is no proof, it is your word against theirs.

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