Q: More than two months ago I ordered some tiles from a local retailer. To date these tiles have not yet been delivered. Whenever I ask the seller when the delivery will take place, I am always told ‘next week’ but the delivery never happens. Now I am fed up of waiting and therefore asked the seller to cancel the order and refund me the deposit paid. I am still waiting for a reply from the seller. The seller is bringing up the excuse that he is not to blame for the delayed delivery, as it is due to bad weather.

I would like to know if I have the legal right to request a refund given that I ordered these tiles more than two months ago and considering that I have no delivery date written in the contract of sale?

A: Since the sales agreement does not specify a delivery date, the Consumer Rights Regulations stipulate that traders are obliged to deliver the goods ordered by not later than 30 days from the conclusion of the contract.

As the seller did not honour this time window, you need to write to him and request that the ordered tiles are delivered to you by a specific date. If the trader fails to make the delivery within this additional period of time, then you have the legal right to terminate the contract of sale and ask for a refund of the deposit paid.

If, after you follow this procedure, the tiles are still not delivered to you and the seller refuses to refund the deposit, then you may file a complaint with the Office for Consumer Affairs.

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