Delay in the delivery of goods

If the provision of a product or service is delayed for a reason unrelated to the consumer, the delay constitutes a breach of contract on the part of the provider. In the case of a delay in the provision of a product, the buyer has the right to demand the fulfilment of the agreement, but usually the provider has to be given a reasonable amount of extra time before the purchase can be cancelled completely.

Withholding payment

Payment for goods or services may be delayed if the provision of the goods or services is delayed. If only one part of the delivery or work is delayed, only a part of the payment may be withheld.

The withheld portion of the payment must approximately correspond to the cost of the missing delivery or work, or to the financial losses caused by the delay.

If the delay causes financial losses, the consumer may demand compensation for the costs incurred.

 

Discounts

The law does not specify the possibility of demanding a discount due to a delay, but it is worth trying to negotiate one with the provider. The company may prefer to compensate the consumer with a discount on the sale price rather than by cancelling the purchase altogether.

Cancelling a purchase due to delay

Consumers have the right to cancel a purchase due to a delay, having given the vendor reasonable extra time, within which the vendor has failed to supply the purchased goods. While the agreed extra time is under way, the consumer may only cancel the purchase if the vendor expressly refuses to deliver the goods.

Consumers have the right to cancel a purchase without allowing extra time only if:

• the vendor has refused to deliver the goods.
• based on the nature and purpose of the goods the vendor can be expected to be aware that the goods must be delivered to the buyer by a certain date (e.g. delivery of a wedding dress before the wedding).
• the consumer has indicated to the vendor prior to the purchase agreement being made that the goods must be delivered to the buyer by a specific date.
• Upon cancellation of a purchase, the vendor must return the sum paid by the consumer without delay.

If the delay causes financial losses, the consumer may be entitled to compensation.

Liability of the credit provider and the operator

If you paid with a credit card, you can request a refund from the seller but also from your credit provider.  You can to turn to your credit card provider for financial compensation for example in the following cases: the company does not deliver the purchased goods or services,  the purchase has been invoiced incorrectly, the goods or service have a defect for which the seller is liable and which the company does not agree to refund. The credit card provider is not liable to return any sum greater than that originally paid to the credit card provider.

In the case of a delay in the delivery of goods ordered online, consumers may utilise a complaint letter template provided by the European Consumer Centre.

If you paid with a debit card, you may also demand compensation from the card company if the card company’s terms and conditions specify this.

If you charged a purchase to your phone bill and you encounter a problem, you can request a refund from the seller but also from your operator.  You can to turn to your operator for financial compensation for example in the following cases: the company does not deliver the purchased goods or services,  the purchase has been invoiced incorrectly,    the goods or service have a defect for which the seller is liable and which the company does not agree to refund. The operator is not liable to return any sum greater than that originally paid to the operator for the service.

Compensation for damages

The consumer always has the right to be compensated for costs related to handling the matter related to a delay, such as travel and telephone costs.

If the terms and conditions related to the sale specify a standard compensation rate, the consumer may demand payment of the standard rate in the situations mentioned in the terms. For example, in the case of purchases of construction materials such as kitchen furniture, consumers are advised to check the terms and conditions applying to standard compensation in relation to delays.

If the costs incurred by a consumer due to a delay exceed the standard compensation specified in the terms, the consumer is entitled to request compensation according to actual costs.