Seller made mistakes and changes to the purchase agreement after the agreement was signed

Questioner

It concerns a quotation and then a purchase agreement for a bathroom renovation. - On January 2, 2021, I received a digital quote for a bathroom renovation in terms of materials after an online meeting. - I had not yet agreed to that, because I wanted to see the products first (lockdown). - On 5-2-2021 I then compiled a complete list of all items for the bathroom, accompanied by EAN's so that it was very clear what I wanted and emailed it to the seller. - On 6-3-21 a store appointment was made based on the quote. During this conversation, in which MY list of items was used that was on the table, the salesperson wrote down all the items I wanted on a piece of paper. I asked if everything was correct and after he assured me that everything I wanted was on the piece of paper, he walked away with the piece of paper to calculate a price, this happened several times. Incidentally, I never saw the piece of paper. After this, further negotiations were held about the price and much later we reached an agreement. I signed and agreed that the salesperson would further elaborate the purchase agreement and email it for checking. - On 12-3 I receive the detailed purchase agreement by email with article list, provided with EAN's, with the request to check the list thoroughly for errors. I see immediately that it is not correct. - On 14-3 I emailed that the hand shower (2x) was incorrect, the hand shower holders were incorrect and that too many Smartcontrol button sets (1x) had been invoiced. - On 18-3 I get an answer that he indeed made a mistake with the hand shower holders and charged 1 set of buttons too much. He also indicates that the hand shower (2x) that I initially wanted is more expensive than it is on the purchase agreement and that I have to pay extra if I still want it (282 euros). He does not write anything about the fact that he also put other more expensive products on the item list, which we did not agree on, but which were used when negotiating the price and therefore increased the price. In other words: I have to pay for more expensive products while I agreed on cheaper products and he wants me to pay extra for the hand showers that I initially agreed on. He also indicates in the email that he cannot simply replace the hand showers, because everything has already been ordered. - On 18-3 I immediately responded that I did not agree: he noted the wrong items and I had to pay extra, while the total price had already been set. The fact that he already ordered everything while I still had to check the item list is of course not my fault. - On 19-3 the seller mails that the order is not yet final (?), because I have not yet agreed. In addition, he writes that he 'assumed that I wanted the round hand shower because it is attractive in terms of price, offers more functions and more comfort'. We never talked about this hand shower, I was very specific that I wanted the round, rod shower.... He wrote that this round hand shower was on the original quote, but it only said 'round hand shower set', so not specific at all and because I subsequently explained many times (both verbally and in writing) what exactly I wanted, I assumed that he understood this, because he also confirmed this during the conversation. In short: I do not want to pay extra for a product of which it was clearly agreed upon in advance what I wanted. In addition, the seller, during the price negotiation, also used more expensive/wrong products while I had passed on other, cheaper products. I feel misled and the original quote was not specific enough, I can't determine this as a consumer. The quote said 'round hand shower set' and my item is also a 'round hand shower set'. The seller could have known this if he had checked the EAN'rs. I only received the article list a week later and I immediately reported the errors. Kind regards,

Lawyer

You have sent the ean codes to the seller so that you can specifically demonstrate and prove the desired products. If that cannot be delivered or the seller thinks that other products are better, then he must warn in advance. You are entitled to a price reduction on the grounds of error or you demand compliance according to the agreement. The seller can still sell the other products separately.