Steam cabin not delivered but paid for

Questioner

On 17-11-2021 I ordered a complete steam cabin from Saunabouw. ​​It would be delivered 2/3 weeks later. Then we were told that it was not in stock and that the delivery would take place a little later. That was no problem for us because we had just started the renovation of our Wellness. Five to six weeks later we tried to contact them again. After calling a few times and no answer we decided to call the general number of Saunabouw. ​​To our surprise we were told that the seller had put his own bank account number on the invoice that he had sent to us. And we were told that he had done this with several people. I thought what now?? I had also transferred 5,000 euros to him otherwise the delivery could not take place (this was the total price of the steam cabin). Saunabouw apologized for this and would deliver it to us as soon as possible. They indicated that they were being scammed by staff. We thought okay how nice to hear that it will still be delivered. Two weeks later we contacted them again to ask when it would arrive, according to their estimate that was 8-10 days later at the latest. Unfortunately, the delivery did not take place then either. It really started to irritate us because our work was delayed. Every week we were told that it was not yet complete. We also got a different person on the phone each time and they would investigate it again and call back (which they did not do). Our numbers were also eventually blocked. It has now been a few weeks and still nothing has been received. I even told them that they could otherwise deliver a part (of what they had already received) but nothing came of that either. We can no longer reach them. I have already ordered a steam cabin somewhere else because I can't make it with the opening otherwise. To date I have not received anything from them. In total it has been about three months since I ordered this, I can't reach them either. What can I do about this? Can you help me with this? I don't need a steam cabin from them anymore because I had to order it somewhere else. But I do want my money back. Do I have to give notice of default for this? Or do I have to file a report? Yours sincerely,

Lawyer

The situation is not rosy. If you have ordered online, the option of appealing to the cooling-off period - which also starts before you have received the product - is the easiest. If that is not possible, you must check the terms and conditions for delivery to see whether the supplier is possibly in default or even in breach of delivery, then you may cancel and claim your money back within two weeks. There is no question of force majeure on the part of the supplier/seller if he appeals to the fact that his employee has acted fraudulently. He is liable for this (tort) and he must deliver.