Contract termination window installation

Hello there. So, we signed a contract with a company in August. They were supposed to install a roof window with blackout. This was supposed to happen in November 23. At the time of signing the contract, someone from the company came directly to our home. He looked at the window on the same day. He said we had to pay half in advance and the remaining amount after the work was completed. Also, a craftsman would get in touch with us to measure the window precisely, etc. So we waited and eventually the craftsman got in touch, came, and measured the window. We waited and waited again. In January, we still didn’t have a window. Trying to reach someone by phone is an absolute disaster. When you finally get someone on the phone, you are told that the person responsible is currently busy but will get back to you. But nothing happened. Eventually, we were told that there are delivery problems and we need to be patient a bit longer. At some point, someone called and actually made an appointment for the window installation. The craftsmen came too, and what can I say... the window didn’t fit. And the same game started all over again. Then I looked at the contract and saw that I have to set an official deadline to cancel the contract. So, I did that. A day before the deadline expired, someone called and wanted to come again to measure the window. I was already quite annoyed by then. By now, I want my money back and to find someone else for the window. That was another long back-and-forth. Last week, someone was here and measured the window again. I told him once more that after more than a year, we no longer want the window, but only our money back. He then said, what do I think, that it’s not that simple. And then I said that he hasn’t done any work at my place yet, but has had my money for a year now. He said it would have to be settled in court and that I should think carefully about whether I want to make such a fuss over "such a small amount of money" (1400€). Now honestly, is this normal? I do have the right to withdraw from the contract after no services have been rendered yet, don’t I? Or do I really have to get a lawyer involved now? I just want my money back.

Contract withdrawal is not quite that simple... First, rectification must be possible. But this must happen promptly.



Since a lot of time has already passed with you, I would now set a deadline for rectification (= installation of the window). However, the deadline must also be feasible. If the window is not installed or does not fit, for example, by the end of January, then terminate. See Building Code 648. Or due to non-fulfillment.

Canceling a contract is not that simple...
First, rework must be possible. But it must be done promptly.



Since so much time has already passed with you, I would now set a deadline for rework (= installation of the window). However, the deadline must also be achievable.
If the window is not installed or does not fit by, for example, the end of January, then cancel. See Building Code 648.
Or due to non-performance.

We have already set a deadline. It was somehow a certain number of working days (this was stated in the fine print of the contract). And nothing has happened until this deadline, except a phone call. Isn’t this deadline sufficient?

He said that then it would have to be settled in court. And I should think carefully about whether I want to go through such stress over "such a small amount of money" (€1400).

For the down payment fraud you described, exactly 1 unsuitable roof window is needed. This is not a case for a construction forum, but for almost any lawyer (who prepares it for you in such a way that the prosecutor can make use of it).

Buying or contracting persons

Have the printing and laying persons seriously developed a gender edition of the Civil Code m/f/d? What comes next: a Bible version in which the creative person Adam and Eve is banished from paradise?

This doesn't help Jenny007 now but maybe serves as a warning for others. A usual operation for roof windows, yes often a roofer, does not require a down payment. If you order the windows yourself somewhere, a down payment or advance payment is normal. The first contact with the local craftsman, the one you deal with at your roof window, should be sufficient. There is no need for a second appointment to measure. Mistakes like the window not fitting can happen occasionally. But this is mostly due to logistics or the old window / interior cladding was not installed properly. The measurers sometimes overlook this due to being operationally blind. If Jenny007 can't get rid of this window crew now, she might end up messing up the installation with the assembly instructions. Who knows what else they are capable of. Such an installation manual is not rocket science.

Now honestly, is that normal? I do have the right to withdraw from the contract without any performance rendered yet, right? Or do I actually have to hire a lawyer now? I just want my money back.

The problem is, if he refuses, it’s hard for you to assert your right. Yes, in theory, something like "set a reasonable deadline -> it passes -> withdraw from the contract and demand money back" works. But whether you actually ever see the money again without a lawyer is the question.