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24/02/2009
FAQ: Buying furniture
Here you can read clear answers to frequently asked questions about buying furniture. Can't find the answer to your question? Then contact our legal service (02 542 33 46 or info@eccbelgium.be). Our service is free of charge.
1. I have ordered a sofa, but I have now changed my mind. Can I still cancel my order?If you went to a shop of your own free will and signed a purchase order there, then you have concluded a binding and final agreement. Under the law you have no right of withdrawal. Therefore you cannot cancel the order. But some sellers do offer you this possibility. In that case the general terms and conditions of sale will state, usually on the reverse of the purchase order, the conditions under which you can still cancel an order and whether there are costs involved. If you made a purchase at a distance (by telephone, fax or internet), then there is a cooling-off period. You can cancel the purchase within 7 working days counting from the day following the delivery. 2. The seller asserts that you will receive a special discount if you sign today. Thinking that I am getting a bargain, I sign the purchase order. Later it turns out that other shops sell the same sofa at the same price or even more cheaply. I feel I have been cheated. Can I still cancel my order?If a seller puts pressure on a customer by using aggressive or misleading practices, then according to Belgian law you have the right to cancel the purchase and request the return of amounts already paid. If the purchase was already delivered, then you can hold onto it. You will need to take into account the general legal principle that you will have to prove the aggressive or misleading commercial practice. That is not easy because this usually involves oral promises or actions which you cannot prove. Therefore be careful about sellers who offer you a special discount on condition that you sign immediately. (If you want to know more about unfair commercial practices, please click here.) Always compare prices before you make an important purchase. Once you have signed the purchase order, it is difficult or even impossible to cancel the sale using the argument that you found the same item cheaper elsewhere. 3. The seller keeps on postponing the delivery date for the sofa. Can I cancel the order?The delivery time stated on the purchase order is binding. If the seller does not observe the delivery time, then you need to place him in default by registered letter and warn him to make the delivery. Only if the seller does not deliver within the time you gave him in the letter can you cancel the order and demand back the down payment. You need to be reasonable when stipulating the implementation deadline. Some contracts stipulate a minimum duration for the implementation deadline (for example 3 weeks in the standard agreement set up by NAVEM and Test-Aankoop (consumer rights organisation) which some Belgian sellers use). 4. The sofa that was delivered is not the one I ordered. Now what do I do?It is best to check the delivery in the presence of the supplier. If you have comments, write these on the delivery note. It is difficult to enforce your rights if you accepted the delivery without making written comments. The type of problem naturally plays a role here. If the seller has supplied a sofa with two seats instead of three seats, then it will be difficult for him to argue that there was no mistake. In some circumstances it is best to refuse the delivery. Whatever happens, write this on the delivery note and ask the supplier for a copy. After this you need to contact the seller as soon as possible to explain the problem so he can find a solution within the shortest possible time. 5. The supplier has just left and now I see a fault in the table he delivered. Can I still approach the seller?You can always approach the seller but this does not always guarantee a rapid solution. There are numerous factors that play a role in solving your problem. It is always advisable to check the delivery in the presence of the supplier. If you have comments, write these on the delivery note (see question 4). If this is not possible because you only discovered later that the delivery does not correspond to the order or displays a fault, then you are best advised to contact the seller as soon as possible. You can do this by telephone in the first place. If the seller does not cooperate, then you can make a complaint by registered letter. 6. I ordered a bedroom suite, but during the delivery it turned out that it was impossible to get it up the stairs. It is necessary to use a outdoor elevator. Who has to pay the costs?Not all furniture can be disassembled. Some furniture, for example cupboards, is delivered in one piece. It is best to inform the seller if you are not sure that large pieces of furniture can go through a door or up the stairs. The seller can take the necessary measures and so prevent problems. If you did not do this and the sales agreement says nothing about any use of a outdoor elevator, then it is very likely that you will have to pay the costs, unless you can come to an agreement with the seller. 7. A few months after my new sofa was delivered the leather has started to change colour. The seller says this is caused by excessive sweating. I find this absurd!In this case the consumer is protected by European legislation, which imposes a guarantee of a minimum 2 years for all goods sold by a professional seller to a private individual. During this period the seller is liable for faults (click here for more information about the guarantee). 8. The firm from whom I ordered my dining room furniture has gone bankrupt. Is there still a chance of the furniture being delivered or my down payment being returned?When a firm goes bankrupt, this means that it no longer has sufficient financial resources available and therefore has to stop its activities. First find out if the dining room furniture you ordered was already delivered to the firm. If this is the case, then it is in principle still possible to deliver the furniture. If this is not the case, then you need to lodge a claim with the office of the competent commercial court. Hopefully, you will get back your down payment in whole or in part. Remember that consumers are the last people to be considered when it comes to liquidating a business and that there is often no money available any more to pay them by that time. 9. I want to order a fitted kitchen. The seller is asking for the entire amount to be paid in advance. Is that allowed?Belgian legislation does not state a maximum amount for the down payment. The buyer and the seller can decide the down payment in consultation. It is not advisable, however, to pay the entire purchase price at the time of ordering. It is usual to make an advance payment of 30% of the total purchase price. This amount is usually the same as the amount that is payable in the event that the order is cancelled. Given that the legislation does not stipulate anything in this regard, all these provisions must be stated in the general terms and conditions of sale in the purchase order. 10. I was invited to visit a furniture store. I went there and placed an order. Now I have changed my mind. What can I do?In this case there is no cooling-off period and no right of withdrawal. Therefore you cannot cancel the contract. The agreement that you signed is binding and final unless the general terms and conditions of sale state otherwise. Sometimes the general terms and conditions of sale will state the conditions under which you can still cancel an order and whether there are costs involved. 11. There is no delivery time on my purchase order. I have no idea when the seller is going to deliver. Am I bound by this agreement for ever and ever?It is illegal for the seller to determine the delivery time unilaterally. Belgian law (Royal Decree of 30 June 1996) states that a purchase order must, among other things, state the delivery time. This law does not however provide for any sanction. 12. I want to buy a new kitchen, but I have to take out a loan to pay for it. Can I cancel the order if I can’t obtain a loan?If you take out a loan to pay for your new kitchen, you must state that on the purchase order as a resolutive condition. If you do not do so, you cannot cancel the order if no credit institution approves your loan. 13. I live in Belgium and I signed a purchase order with a French company during a trade fair in Belgium. Can I still cancel the agreement?Belgian and French law offer consumers who make a purchase at away from the business premises a different type of protection. For this reason we must first determine which law applies. The situation is different if the purchase took place at a French trade fair. The laws of the seller’s country, in this case France, will apply in this case unless the purchase was preceded by a concrete proposal or an advertisement in Belgium. Contrary to Belgian law, French law does not provide for a cooling-off period for contracts concluded at a trade fair. Therefore you can only cancel the order and demand your down payment back if your contract specifically allows for this possibility. The seller is in any case at liberty to include a cooling-off period for the buyer in the contractual conditions. The cooling-off period is therefore a right and not an obligation in France. 14. My purchase order states that the Furniture Disputes Commission is competent in the event of problems. Can I have recourse to the Furniture Disputes Commission?The Furniture Disputes Commission is an independent Belgian arbitration body. Consumers can have recourse to the Furniture Disputes Commission on condition that the sales agreement was drawn up on the basis of the standard agreement of Navem and Test-Aankoop and the general terms and conditions of sale designate this commission as being competent if a dispute arises. ibe/kme    |
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