Refund deposit after poor delivery of floor?

Questioner

In June we contacted a flooring centre to lay a parquet floor upstairs. We chose a floor based on the samples in the store and we were certainly aware that wood is a natural product and that it can differ from what we had chosen at the time. We also paid a deposit of €3000 at the time. However, when we got home after the first day of laying the floor, it was clear that the actual planks did not look like what we had been shown in the store. We discussed this and it was confirmed by the owner ('I am ashamed of this floor'), who had the floor removed the next day. Because the floor was glued, the subfloor was also damaged during the removal, but fortunately not to the underfloor heating as far as we know. We then agreed to think about the floor upstairs, but they would sand and varnish the parquet floor downstairs again on the days we had agreed. We also had to leave the house for a few days for this. When we returned, it turned out that the floor downstairs was covered in scratches, which of course is absolutely not the intention. The owner also came by, saw this and then suggested having the floor sanded/varnished again. However, after it had gone wrong twice, we no longer had any confidence in continuing with this company. They now refuse to refund the advance. Neither in writing nor with a conversation in the store, we are not getting anywhere and the owner told us that he was going to contact 'his' lawyer, but we have not heard anything from him for 2 weeks now. That is why I am asking you this question: Is it reasonable that we do not want to continue now that we have 2 damaged floors, and what are my options to still get the advance back? If desired, I can provide more information.

Lawyer

Good afternoon, In principle, you can cancel the agreement if the entrepreneur, as I gather from your story, has failed to comply correctly twice. You can reclaim the amount so that you can have the floor laid by another company. There is a good chance that this will have to be done through a procedure at the subdistrict court. Feel free to contact us to discuss your case further (tel. 06-49175526). Kind regards, Silvienne Leito FerLei Legal