Im wondering if anyone can help with retail / consumer law guidance for the situation im finding myself in.
I ordered a new bicycle from a retailer in switzerland last July. Initially the order was confirmed for delivery in October, then shortly after i was told November.
In late November, i was told a mistake had been made and the order was supplied incorrectly, that a key part for the bike was incorrectly sized and that it would take another 2-3 months to get another handlebar/stem. This meant that I could not take delivery of the bike.
It is now February and the retailer is now telling me that my order was 'exceptional' due to its sizing (its however available as an option on the manufacturer site) and that I will have to wait for another 4 months for the part to arrive.
Ive asked for a refund and the retailer is not in agreement with this. Is this a breach of contract given the original commitment and mistake of ordering causing an additional 7-8 months delay?
Any clarity here from a dispute perspective welcomed.
1) No breach of contract unless you were given in writing a delivery deadline.
2) Hopefully all your communication with the seller is in writing from now on.
3) Send that registered letter asking for a delivery deadline.
4) If nothing happens, initiate a debt recovery process (poursuite in French), no way to block the payment via credit card anymore.
I'd say that when you start asking for things in written form and sending the registered letter asking for a deadline....the seller will understand a debt recovery process is coming and the missing component will magically appear. Of course, the business relationship is broken forever, but who wants to deal with someone like this in first place?
You really need to consult a lawyer for advice. From your description there appear to have been several variations to the terms of the original contract to which you seem to have agreed to by your actions if neither in verbal nor in writing, so it will come down to a matter of opinion as to whether or not you can now revert to that original terms of the contract.
What on earth did you order that is this customized?
I am guessing they won't cancel it as the order is now already well-progressed, so I think your best course of action is to wait it out and try to organise a partial refund to ease the blow of this long wait time.
By the time they deliver it, it's already a "last season's bike".
I wouldn't wait a year for a bike, unless it was a 15k+ custom order (but then I'd know it's a year before hand), which I assume is not what we're talking about here.
Thats right, the order is well progressed and the retail merchant has been holding the bike for 3-4 months due to the mistake that was made on the integrated handlebars and stem unit (which is worth over 1000 francs). This part is going to take another six months as its quite rare. However this was part of the original specification, which was committed to as part of the original timelines, so a mistake was made where the wrong handlebars were sent and here we are!
on 1) yes I was given a specific timeframe, against the clear order which specified the exact measurements and parts. This was all done remotely so all in writing and clearly documented.
2) everything is in writing, including multiple mistakes the retailer / manufacturer has made. I was told only yesterday that my order was an 'exception' order, which surely should warrant some breach that this was not disclosed up front (nothing in my order changed since July).
3) yes have done
4) will do tomorrow. Ive given him a couple of days before I initiate this to avoid costs, but tomorrow I will submit this. He is digging his heels in currently. If you have any advice on estimation of reasonable costs on my side for the poursuite, this would help. I was going to esimtate ~500 for fees and my time. This does not include legal fees which may need to be incurred, im not sure if another claim can be made and if these would be pushed onto the retailer if he is liable.