E-commerce Logistics: Legal Obligations for Delivery and Returns

In distance selling, the seller is liable for delivery by operation of law. This rule, which is often only discovered when the first parcel goes missing, means that the customer does not have to take action against the carrier: they take action against the seller, who will then take action against their service provider if they so wish. This is the principle underpinning all the obligations described here, and it cannot be overridden by a clause in the general terms and conditions.

Delivery time

The professional must indicate the date or deadline which it undertakes to deliver before the contract is concluded. In the absence of any indication, the law sets a maximum time limit beyond which delivery is deemed to be late.

If the deadline is exceeded, the consumer may require the trader to deliver within a reasonable additional period; if the trader fails to do so, terminate the contract by registered letter or by any other written means on a durable medium. The contract is terminated immediately, without further notice, where the date of delivery was an essential term of the contract.

Refunds must then be issued promptly, and any delay results in surcharges that increase with the time elapsed. This is the mechanism that makes slow customer service costly.

Transfer of risk

This is the most misunderstood aspect, and it works in the consumer’s favour.

The risks of loss or damage are transferred to the consumer at the moment they take physical possession of the goods, and not at the time of handover to the carrier. A parcel lost, stolen or damaged in transit therefore remains the responsibility of the seller.

There is one exception: where the consumer has personally chosen a carrier other than the one proposed by the trader, the transfer takes place upon handover to the carrier. This exception is narrow in scope and does not apply where the customer has merely selected a delivery option offered by the seller.

In practice, this means that disclaimers such as ‘we accept no liability for loss caused by the carrier’ are not legally enforceable to the consumer. They may also be classified as unfair terms.

The right of withdrawal and returns

Returns made under the right of withdrawal are subject to different rules from those governing returns due to defects.

The consumer returns the goods within fourteen days of making their decision. The return charges are the trader’s responsibility, provided that the trader has informed the consumer of this before the contract is concluded — otherwise, they are the seller’s responsibility.

The seller shall refund all sums paid, Standard delivery charges included, within fourteen days of being notified of the withdrawal. The trader may defer this refund until the goods have been returned or until proof of dispatch has been received, whichever is the earlier. The trader is not obliged to refund the additional cost of an express delivery service chosen by the customer.

The consumer is liable for the depreciation of the goods resulting from handling that goes beyond what was necessary to establish their nature and characteristics. A garment that has been tried on is refundable; a garment that has been worn may be subject to a reduction. All the applicable rules are set out in our article on the right of withdrawal.

Legal guarantees, distinct from returns

A return due to a defect does not constitute a withdrawal but rather a legal guarantee of compliance, which applies for two years from the date of delivery in the case of a new item. During this period, the defect is presumed to have existed on the date of delivery, thereby relieving the consumer of the burden of proving it.

Under this guarantee, you are entitled to repair or replacement free of charge, and to a refund or price reduction in the event of a fault. Return costs are borne by the seller, unlike in the case of withdrawal.

In addition, there is the warranty against hidden defects, the rules and time limits for which are distinct. Neither of these two guarantees may be superseded by a commercial guarantee, which merely supplements them. Their inclusion in the general terms and conditions is mandatory, and failure to do so is punishable.

Required disclosures and information

Four pieces of information must be provided before the contract is concluded, and the absence of these can be directly verified:

• The delivery terms: areas covered, turnaround times, options and their respective costs.
• The delivery charges, disclosed prior to order confirmation — a cost revealed at the final stage constitutes a clear breach.
• The withdrawal terms, accompanied by the standard form.
• The legal guarantees, as set out in the relevant regulations.

These obligations form part of the overall framework set out in our guide to the Launch of an online shop, and in line with the transaction security requirements set out for payment standards.

Use cases

Parcel marked as delivered but not received. The burden of proof regarding delivery lies with the seller, and a simple ‘delivered’ status from the carrier is not always sufficient to establish this. It is good practice to have proof of delivery that identifies the recipient.

Returning a used product. First, distinguish the underlying basis: withdrawal or lack of conformity. The costs, timeframes and rights differ entirely depending on the case, and treating a return due to lack of conformity as a withdrawal exposes the business to the risk of a dispute.

Delay in delivery of a seasonal order. Where the date is critical — a Christmas order, a scheduled event — the matter is resolved immediately, without prior formal notice. The commercial timetable must be adhered to within the stated deadlines.

Frequently Asked Questions

Who is liable for a lost parcel? The seller retains ownership by operation of law until the consumer takes physical possession of the goods. Except where the consumer has personally chosen a carrier other than those offered by the trader.

Are return costs payable by the customer? In the event of withdrawal, yes, provided that the customer was informed of this before placing the order. In the event of a lack of conformity, no: these are the seller’s responsibility.

Should the original delivery charges be refunded? Yes, up to the cost of the standard delivery option. The additional cost of an express delivery chosen by the customer does not have to be refunded.

What is the refund period? Fourteen days from the date of notification of withdrawal, with the option to extend this period until the goods have been recovered or proof of dispatch has been provided. Any delay will result in progressive surcharges.

Is a clause excluding liability in the event of loss valid? No. It is not enforceable against the consumer and may be classified as an unfair term.

Can a return of an opened product be refused? Not on the grounds of opening the product alone, except for categories excluded from the right of withdrawal. However, a reduction in value resulting from excessive handling may justify a reduced refund.

Key points

Three rules are sufficient to cover almost all delivery and returns disputes, and all three designate the seller as liable by default. Delivery is automatically due, without the customer having to take action against the carrier. The risk is only transferred upon physical taking of possession. And return costs are only borne by the customer if this information was provided before the order was placed.

The operational implication is that compliance is determined at an early stage, through pre-contractual information and the ability to prove what was stated and when. A seller who retains these time-stamped records can deal with incidents on a case-by-case basis; one who does not find themselves having to prove a negative.