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Incorrect address on webshop order: what about shipping costs?

If a customer provides an incorrect delivery address, you may charge shipping costs — including for a second shipment — if your general terms and conditions stipulate this. This applies to both business customers and consumers.

Published on April 13, 2021 by MKBjuristen.nl
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If a customer provides an incorrect delivery address, you may charge shipping costs—including for a second shipment—if your general terms and conditions stipulate this. This applies to both business customers and consumers. However, please note: a consumer can revoke their purchase, in which case you must refund both the purchase amount and the delivery costs. In practice, a customer-friendly resend is often more sensible.

Online retailers regularly ask us how they handle customers who provide an incorrect address. Resending with escalating costs is annoying, and you are not to blame — but there are points to consider. We distinguish between business customers and consumers.

Business customer provides an incorrect address

Nowhere in the law does it state that you must offer free shipping. You are therefore free to decide whether to charge shipping costs, as long as you respect the agreements in your terms of sale or general terms and conditions . With a business customer, you have a great deal of freedom in this regard: you can stipulate that shipping costs are at the buyer's expense, even in the event of a failed delivery. This makes sense, especially for large, expensive deliveries. If costs are limited, you can of course decide not to make things difficult — a satisfied customer generates more revenue than a dissatisfied one.

Consumer provides an incorrect address

Such provisions also apply to consumers: you may pass on the shipping costs, as well as those of a second shipment. However, please note that a consumer may revoke their order (with exceptions). In that case, you must refund the purchase amount *and* the delivery costs — leaving you empty-handed after all.

If you do not cooperate, the customer can go to court or recover their money through the credit card company's chargeback scheme or PayPal's purchase protection. Moreover, remember that promised free shipping must truly be free, even on a second attempt. It is not without reason that a quality mark like WebwinkelKeur advises against making things difficult in such cases: you are in a weak legal position and risk, above all, reputational damage.

Practical advice: prioritize customer friendliness

The law is the law, but practice is a different matter. It is often wise not to make a fuss about an incorrect address and simply resend. You are, of course, allowed to draw up conditions that provide you with maximum protection, and to deviate from them as a favor. So think beyond just the legal aspect.

Frequently Asked Questions

May I charge shipping costs for an incorrect address?

Yes, if your terms and conditions stipulate that. This applies to business customers and consumers, including for a second shipment. For consumers, however, the right of withdrawal does play a role.

What if the consumer withdraws after a failed delivery?

In that case, you must refund the purchase amount and the delivery costs. If you fail to do so, the customer can still recover their money through the courts or a chargeback or purchase protection scheme.

Should promised free shipping also be free on a second attempt?

Yes. If you promised free shipping, this also applies if the first delivery failed due to an incorrect address.

Strong conditions and practical advice

The legal experts at MKB Juristen draft terms and conditions that provide you with maximum protection and think along with you regarding practical matters. View our expertise in contract law or schedule an intake meeting .

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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