Hello.
So, in August we signed a contract with a company to have a roof window with blackout installed. This was supposed to happen in November 2023.
At the time of signing, someone from the company came to our home. They inspected the window on the same day.
They said we had to pay half upfront and the remaining amount after the work was completed. They also said a technician would contact us to precisely measure the window.
So we waited, and eventually the technician got in touch, came, and took the measurements.
We waited and waited. By January, we still didn’t have the window. Reaching someone by phone is an absolute nightmare. When you do get through, they say the person responsible is currently busy but will get back to you. But nothing happened. At some point, we were told there were delivery issues and we needed to be patient a little longer.
Eventually, someone did call and scheduled an installation appointment. The workers came, but guess what... the window did not fit.
And the same cycle started all over again.
Then I looked at the contract and saw that I had to set an official deadline to cancel the contract. I did that. One day before the deadline, someone called and wanted to come again to measure the window. I was quite annoyed by then. At this point, I just want my money back and to find someone else for the window. It was another long back-and-forth.
Last week, someone finally came and measured the window again. I told them once more that after more than a year, we no longer want the window, just our money back.
They then said, what did I expect? It’s not that simple. I replied that they have not done any work for me yet but have had my money for a year.
They said it would have to be settled in court and asked me to think carefully about whether I want to cause so much trouble over “such a small amount of money” (1400€).
Honestly, is this normal?
Don’t I have the right to cancel the contract before any work has been done?
Or do I really have to involve a lawyer now? I just want my money back.
So, in August we signed a contract with a company to have a roof window with blackout installed. This was supposed to happen in November 2023.
At the time of signing, someone from the company came to our home. They inspected the window on the same day.
They said we had to pay half upfront and the remaining amount after the work was completed. They also said a technician would contact us to precisely measure the window.
So we waited, and eventually the technician got in touch, came, and took the measurements.
We waited and waited. By January, we still didn’t have the window. Reaching someone by phone is an absolute nightmare. When you do get through, they say the person responsible is currently busy but will get back to you. But nothing happened. At some point, we were told there were delivery issues and we needed to be patient a little longer.
Eventually, someone did call and scheduled an installation appointment. The workers came, but guess what... the window did not fit.
And the same cycle started all over again.
Then I looked at the contract and saw that I had to set an official deadline to cancel the contract. I did that. One day before the deadline, someone called and wanted to come again to measure the window. I was quite annoyed by then. At this point, I just want my money back and to find someone else for the window. It was another long back-and-forth.
Last week, someone finally came and measured the window again. I told them once more that after more than a year, we no longer want the window, just our money back.
They then said, what did I expect? It’s not that simple. I replied that they have not done any work for me yet but have had my money for a year.
They said it would have to be settled in court and asked me to think carefully about whether I want to cause so much trouble over “such a small amount of money” (1400€).
Honestly, is this normal?
Don’t I have the right to cancel the contract before any work has been done?
Or do I really have to involve a lawyer now? I just want my money back.
N
nordanney23 Dec 2024 18:44Withdrawing from a contract is not that straightforward...
First, a remedy must be possible. However, this must be done promptly.
Since quite a bit of time has already passed in your case, I would now set a deadline for the remedy (= installation of the window). The deadline must also be reasonable.
If the window is not installed or does not fit by, for example, the end of January, then terminate the contract. See the Building Code 648.
Or due to non-performance.
First, a remedy must be possible. However, this must be done promptly.
Since quite a bit of time has already passed in your case, I would now set a deadline for the remedy (= installation of the window). The deadline must also be reasonable.
If the window is not installed or does not fit by, for example, the end of January, then terminate the contract. See the Building Code 648.
Or due to non-performance.
nordanney schrieb:
Withdrawing from a contract is not that simple...
First, it must be possible to fix the issue. But this correction must happen promptly.
Since a lot of time has already passed in your case, I would now set a deadline for the correction (= installation of the window). However, the deadline must still be reasonable and achievable.
If the window is not installed or does not fit by, for example, the end of January, then terminate the contract. See Building Code Section 648.
Or due to non-fulfillment.
We have already set a deadline. It was some specific number of business days (this was stated in the fine print of the contract). And nothing happened by this deadline except a phone call. Is this deadline not sufficient?
jenny007 schrieb:
He said it would have to be settled through the court. And I should carefully consider whether I want to make such a fuss over "such a small amount of money" (€1400) (about $1500). For the deposit fraud you described, all you need is exactly one roof window that doesn’t fit (anywhere?). This is not a case for a construction-related forum, but for practically any lawyer who can prepare the case for you in a way that the prosecutor can work with it.
nordanney schrieb:
Purchasing or contracting parties Have the people who print and install really come up with a gender-inclusive version of the Civil Code m/f/d?
What’s next: a Bible version where the creator designates Adam and Eve to the garden?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
S
Singelküche26 Dec 2024 15:51This may not help Jenny007 directly but could serve as a warning for others. In a typical roofing project involving roof windows, a roofer usually does not require a deposit. However, if you order the windows yourself from somewhere, a deposit or prepayment is common. The initial contact with the local tradesperson—someone who will actually be working on your roof window—should be enough. There should be no need for a second measuring appointment. Mistakes like the window not fitting can happen sometimes. These issues are mostly due to logistics or because the old window or interior trim was not installed correctly. The people doing the measurements can sometimes overlook this due to familiarity with their usual processes. If Jenny007 cannot get rid of this installation crew now, she might as well follow the installation instructions herself during the fitting. Who knows what else they might get wrong. Installing a roof window following instructions isn’t rocket science.
jenny007 schrieb:
Honestly, is this normal?
I have the right to cancel the contract since no services have been provided yet, don’t I?
Or do I actually need to involve a lawyer now? I just want my money back. The problem is, if they refuse, it becomes difficult to assert your rights. In theory, you can do something like "set a reasonable deadline → deadline passes → cancel the contract and request a refund." But the question is whether you will actually get your money back without a lawyer.
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