Contracts

Webshop and product delivery: these are the rules

As a webshop, you must deliver ordered products on time and correctly. If you do not agree on a delivery period, a statutory delivery period of thirty days applies to consumers. Until the consumer has received the product, the risk lies...

Published on February 24, 2022 by MKBjuristen.nl
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As a webshop, you must deliver ordered products on time and correctly. If you do not agree on a delivery period, a statutory delivery period of thirty days applies to consumers. Until the consumer has received the product, the risk of damage or loss lies with you.

Inquire about the delivery time

You must clearly inform the consumer in advance about the delivery time. If no agreement is made, you must in principle deliver within thirty days. Adhere to the agreed or statutory period; if this is exceeded, the consumer may set a further deadline and subsequently dissolve the purchase.

The risk lies with you until delivery

When selling to a consumer, you bear the risk of the product until the moment the consumer (or someone designated by them) receives it. If a package is damaged or lost in transit, this is at your expense — even if you shipped it properly. You cannot contract this away to the detriment of the consumer.

Deliver what has been agreed (conformity)

The delivered product must meet what the consumer could reasonably expect based on the agreement (conformity). If it deviates or is defective, the consumer is entitled to repair, replacement, a price reduction, or rescission. Therefore, deliver exactly what was ordered and described.

Record delivery agreements

Stipulate delivery times, shipping costs, and what happens in the event of delay or unavailability in your general terms and conditions and on your website. Do not violate mandatory consumer regulations in doing so. Clear agreements prevent disputes and complaints.

Frequently Asked Questions

Within what timeframe do I have to deliver?

Within the agreed period, or failing that, within thirty days for consumers. Thereafter, the consumer may set a further period and terminate the contract.

Who bears the risk if a package goes missing?

When selling to a consumer, you bear the risk until the consumer receives it. Loss or damage in transit is at your expense.

What if I deliver the wrong or a broken product?

In that case, the consumer is entitled to repair, replacement, price reduction, or dissolution due to non-conformity.

Are your delivery terms in order?

Our legal experts incorporate the correct delivery provisions into your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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