9. Delay and non-delivery – buyers' rights and deadline for filing claims
If the seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchase Act, withhold the purchase price, demand fulfillment, terminate the agreement and/or demand compensation from the seller, depending on the circumstances.
When claiming default powers, the notification should be in writing (for example, email) for evidentiary reasons.
Fulfillment
The buyer may maintain the purchase and demand fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment would entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller's fulfillment. Should the difficulties disappear within a reasonable time, the buyer may still demand fulfillment.
The buyer loses his or her right to demand fulfillment if he or she waits an unreasonable amount of time to make the claim.
Raising
If the seller does not deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional period of performance. If the seller does not deliver the goods within the additional period, the buyer may cancel the purchase.
However, the buyer may cancel the purchase immediately if the seller refuses to deliver the goods. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.
If the goods(s) are delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.
Replacement
The buyer may claim compensation for losses suffered as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control that could not reasonably have been taken into account at the time of the agreement, avoided, or the consequences of which could not have been overcome.