How do I get my money back for the kitchen down payment?

Questioner

After telephone and email contact we made a deposit for a kitchen. We had doubts and expressed them. We were told by email that if we cancelled we would of course get our money back. Now the kitchen has been cancelled and we are not getting our money back. They say they are holding the money and we can reserve another kitchen with the deposit. When we said that there was no kitchen, they said that the deposit will be forfeited. And now we are not getting our money back... can anything be done about this? The general terms and conditions state that they are indeed holding our money for a new reservation, but it does not say anywhere that our deposit will be forfeited. And we were told by email that we would get our money back... are we in the right? We have now been blocked and are no longer being heard.

Lawyer

It appears that your kitchen supplier may have breached the agreement you both made. More specifically, if the company confirmed in writing (via email) that they would refund the deposit if you cancelled, but then refused to do so, then that is a breach of their obligations. Here are some steps you may be able to take: 1. Send a certified letter to the company explaining the problem and what you want them to do (refund the deposit). Also provide proof of the promise they made to you by email. 2. If they still refuse to pay, you can consider filing a dispute with the Dispute Committee if the company is a member. For this process, you can seek the help of a legal advisor or a lawyer. 3. As a final step, consider legal action. However, this can be costly and time-consuming, so it is usually a last resort. Because this can be a complex situation, it may be advisable to consult a lawyer for more specific advice. For example, your legal advisor can help you draft a letter or navigate any legal steps. It sounds like you have plenty of documentary evidence, which could be important in your case. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Lawyer

Good morning, It is annoying that the supplier does not adhere to the agreements made. It is important to know what work the supplier has already done. Think of having the kitchen measured or ordering the kitchen. In such cases it is not inconceivable that costs will be charged. The circumstances of the case are therefore decisive as to whether the supplier may charge costs (and therefore keep at least part of the down payment). It also depends on the extent of the work already carried out, how much costs may reasonably be charged. Feel free to contact us to discuss the possibilities. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526