Adviser's answers
 

Mrs. Tiffany and her never delivered product


Mrs. Tiffany bought a watch on trader’s website.

In the confirming email she was said that her watch would arrive within 14 days. However, a month has passed and Mrs. Tiffany has not received her watch, even if the related amount has already been charged from her credit card.

What are Mrs. Tiffany’s rights?

Solution of the case

Distance selling are regulated by the Directive 97/7/EC, which rules have been enforced by Member States. In particular, Italy inserted them into the Consumer Code (Decree n. 206/2005 – article 50-61). According to European law, products must be delivered (and services must be provided) within 30 days following the consumer’s order. If, for any reason, the products is not available, the trader must inform the consumer and refund him of the amount already paid.

When a contract is signed “on line” both consumer and trader are bound by conditions and contract terms included in the contract.

Regarding Mrs. Tiffany’s contract, the product must be delivered within 14 days, so after this term the seller is considered defaulting and the consumer is entitled to withdraw from the contract and also to be reimbursed of any payment already done.

Therefore, Mrs. Tiffany should write to the seller, informing him about her decision to withdraw from the contract and have her expenses refunded. If the seller does not provide a satisfactory answer, she can contact the European Consumer Centre for help.

For further information or to ask for ECC-Net assistance in order to solve your dispute:
ECC-Net Italia
info@ecc-netitalia.it
Tel 0644238090