Right to cancel a purchase agreement?

Questioner

On 25-11-2022 I purchased a foldable mobility scooter for business purposes. The delivery took place on 19-01-2023. The delivered mobility scooter did not match the photos on the website. The website shows photos of the brand ''Atto'', the brand is not visible on the received mobility scooter. We immediately reported this to the seller by e-mail and asked where we could find the VIN to insure the mobility scooter. We then received a message back that the mobility scooter does not have a VIN and does not need to be insured. After this, we made inquiries at RDW and ANWB (where we want to insure the mobility scooter). Both parties indicate that it is legally required to insure this WA as it is a vehicle that can move itself. With this information we contacted the seller again, they continue to insist that it does not need to be insured but that if we really want to we can mount a sticker on the mobility scooter and insure it under that number. After contacting the ANWB and RDW, this is not valid, because it cannot be used to check whether it is a unique number / whether the vehicle is not stolen. We contacted the seller again and they indicated that we should contact their manufacturer and that they would then collect the mobility scooter free of charge and engrave a number in it. We have serious doubts whether we can rely on this being a correct number, but we gave them the benefit of the doubt. We emailed the manufacturer and tried to call, but no answer. Then we contacted the seller again and indicated that we would not get an answer, they would then contact us themselves (they had a private number). After that we heard nothing again, called again ourselves. They indicated that they could not reach the manufacturer either, they went after them again. After that we heard nothing again. Then we called again and gave them 1 week to sort it out, but no answer. Then we sent the seller an email that we wanted to cancel the purchase and want the purchase price back within 14 days. After 1 week, the seller responded by email that no rights could be derived from the photos. And because we contacted the manufacturer ourselves, they cannot be blamed for not complying with the agreements. However, we only contacted the manufacturer because they offered it as a "solution" at the time. Given that the discussion with them has been going on since January and has not been resolved by mid-April, and my father has difficulty walking, we purchased another mobility scooter from another company last week. I would like to hear from you whether we can cancel the purchase agreement and what we can best do if the purchase price has not been refunded after fourteen days after the purchase agreement has been canceled. In the email in which we indicated that we wanted to cancel the purchase agreement, we also indicated that any legal costs would be for their account.

Lawyer

Good afternoon, Based on the description in the case, it seems that it concerns a mistake: you wanted to buy a mobility scooter, but the delivered item does not meet your expectations. It is important to demonstrate what your expectations were before the purchase vs. what you actually received. In some cases, you could cancel the purchase. The purchase agreement, advertisement and correspondence between you and the other party are important in assessing your legal position. If you would like to discuss your case further, please feel free to contact us without obligation. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526