Ordered shade cloth but not delivered as agreed

Questioner

I had ordered a shade cloth and indicated by email that extra holes had to be made in it. This was confirmed by the store in question. But now I received the cloth without the extra eyes. I reported this to the store, and they said I should try it, and if I didn't like it, a new cloth would be produced. Now a year later, I found out that it is just easier with extra attachment points as I had indicated earlier. Now the store says it will cost me €40 + shipping costs to make the eyes, but in the email that confirmed that extra eyes would be put on, it said it would cost €20 for 2 eyes. What is the best thing to do now. I don't think the shipping costs are reasonable anyway. Because I didn't do it wrong.

Lawyer

Yes, but you are well beyond your two-month complaint period and you have had ample opportunity to try out the canvas, so in this case I see no unreasonable proposals. You could inquire about the difference in costs for making extra holes, partly because you have probably (but I am not sure) already paid for it?

Questioner

Thanks for your response Monique, You are right that the 2 months have passed, but we agreed by email that I would try it first to see if the extra eyes were really necessary. And if it did not work that a solution would still be found. To make a long story short, there is now quite a lot of wind so I can estimate well that those extra eyes are needed. And no, I hadn't paid for it yet because the original price was paid by iDeal and this work had been agreed upon as an extra. Yours sincerely, Adri

Lawyer

Yes, but for everything, in addition to the law, a reasonable period applies and a year is not credible, at least I estimate that with knowledge of (consumer) law. That does not mean that you or I cannot try, but it is not entirely in accordance with the law. If we then weigh the costs and time against the benefits, then the question is whether it is worth it.

Questioner

Thanks for your answer. The tricky thing with a shade cloth is that you don't use it all year round. Last year there was no/less wind. And then you have less trouble with it.

Lawyer

If it had been clearly stated as a condition in the email, you would have had a stricter requirement, but now... I think it remains within your sphere of risk that the wind is stronger the following year now that the parties have not arranged anything about it and x amount of time has passed for trying.

Questioner

Thank you for your time and effort!