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Chelsey Thijs
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Corporate Law | M&A | Commercial Law
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Webshops have to offer at least two delivery methods as of September 2024
From 21 September 2024, webshops delivering goods in Belgium will have to provide at least two delivery methods for the delivery of products to consumers (e.g. at home, parcel locker, post office). Failure to do so will lead to the consumer not being bound by the contracts concluded online.
- From 21 September 2024, webshops delivering goods in Belgium will have to provide at least two delivery methods to consumers (e.g. at home, parcel locker, post office). There are limited exceptions.
- Sanction for non-compliance: the consumer is not bound by the online contract.
Key takeaways
Context
A variety of specific rules apply to contracts concluded online with consumers. As a result of a modification of the law on consumer protection, webshops will be subject to a new obligation with regard to the delivery methods of goods to the consumer.
This new obligation will be inserted in the Code of Economic Law for contracts concluded between a company and a consumer ‘at a distance’, i.e. predominantly contracts concluded online via webshops (article VI.45/2 Code of Economic Law). This article determines that webshops will have to provide at least two different delivery methods for the delivery of goods to the consumer. This obligation will be effective as from 21 September 2024.
The webshop will be free to choose the two (or more) delivery methods. Common delivery methods are home delivery, delivery at a postal point, pick-up in the shop, etc. The webshop may charge the consumer for the delivery methods it offers.
Webshops will not have to offer (two) different delivery methods under specific circumstances, i.e.:
- the delivery of the goods is not for the Belgian territory;
- the (only) delivery method is the collection of the goods at the place where the company carries out its activity (e.g. shop or warehouse);
- the company has been incorporated for less than three years;
- there are objective reasons justifying only one delivery method, i.e. factual reasons specific to the goods/delivery location that allow the company to only offer one single delivery method (e.g. furniture shop can only deliver furniture to the house by truck). Companies making use of this exception must inform the consumers of the reasons why a second delivery method is not offered.
Not respecting the obligation to offer at least two delivery methods will lead to the consumer not being bound by the contract concluded online (i.e. via the webshop).
Please do not hesitate to contact EY Law if you would have any further questions regarding your obligations as an online seller (webshop) or how to optimize your B2C strategy.
Action Points
- Know your obligations as an online seller/webshop and make sure you are compliant.
- Investigate the cost and the (dis)advantages of the different delivery methods, and offer at least two.
- Check whether you can rely on one of the exceptions.
- Reach out to EY Law if you would have some questions or uncertainties.