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problem with an order

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Hi,

I am having a little problem with a purchase I made some months ago.

I ordered a piece of furniture in a shop in Germany, close to the border.
They guaranteed that the piece would have taken 6 weeks to arrive.

Only today, 12 weeks after my order, the shop owner left a card in my mailbox, saying that they had tried to reach me, but didn't find me: the furniture was arrived and we had to arrange the delivery.

I hadn't received any notice from them, so I wrote her an email from the address which we usually used during the order procedure, asking how did she try to reach me, because I hadn't received any email.
She replied: my husband wrote you to this address: WRONGaddress, and tried to call you several times at your cell phone.
I didn't find any telephone call, but who knows.
For sure, the email address was wrong, while I was waiting for an email at the usual address where our communication had taken place since then.

Now, in the meanwhile, my husband received a job offer from Denmark, and we are leaving on August.
The piece of furniture was made for a specific place in the house that we are now going to leave...

I honestly don't know who is wrong and who is right, but they made a lot of mistakes and delays, and I would prefer not to buy a piece of furniture which was made for a home where I will not live anymore...

NB: I didn't sign any order form, nor I left any deposit, but they claim that the order is anyway legally binding, because they did all the paper work with my name for adjusting the VAT between Switzerland and Germany.


What's you opinion?
Could I put in a claim for the delay and refuse to buy the furniture, or not?


Thank you

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