Distance selling

Late delivery in distance selling

In distance selling, a specific delivery date is generally promised. If the delivery from the trader is delayed beyond the agreed time, you can generally cancel the deal by referring to distance selling cancellation rights. If an exact delivery time is not agreed, the product must be delivered no later than 30 days from the date of order.

  • If you cancel the deal because of a delay, the seller has to refund the money you have paid within 30 days of your cancellation announcement. If the seller does not refund the money you have paid within 30 days of your cancellation announcement, you can claim late payment interest in addition to the sum in question.
  • If the product is available and in spite of the delay you still want it, then give reasonable additional time for the delivery of the product.You can also claim damages for any costs that late delivery of the product has caused you. However, the seller is not responsible for any damage caused by force majeure or other unforeseeable reason such as a strike.
  • If the product ordered is no longer available and you want to cancel the deal, the company must refund the money you have paid within 30 days of the order. The seller has the right to supply a replacement product only if this is included in the terms and conditions of supply. The replacement product must genuinely correspond to the product ordered in terms of its intended use, quality and price.

If there is no right of cancellation under distance selling for a delayed product (for example products that are customised), then first of all give the seller reasonable additional time to deliver the product. If the product is not delivered within the additional time period agreed with the seller, you can cancel the deal and demand that the money you paid be refunded. You can also claim damages for any costs that late delivery of the product has caused you. However, the seller is not responsible for any damage caused by force majeure or other unforeseeable reason such as a strike.

Requirements for credit card companies

If you have paid using a credit card, then in a problem situation you can also demand that the credit card company refund the price you paid for the product. However, you should always try to resolve the matter with the seller first.

You can demand compensation from the credit card company when, for example, the product is not delivered within the agreed time limits or you are unable to contact the seller.

The credit card company is not obliged to refund more than you paid for the product.

  • If you do not receive a product ordered through distance selling, you can demand that the full price of the deal be refunded by the credit card company.
  • If you demand a price reduction, the amount must be in proportion to the fault.

In the case of a delay with an online shop, you can benefit a European Consumer Centres model letter to make a complaint to the credit card company.

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01/07/2011