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 package goes missing, means that the customer does not have to take action against the carrier: the customer takes action against the seller, who will then take action against its service provider if it chooses to do so. This is the principle that underpins all the obligations described here, and it cannot be waived by a clause in the terms and conditions.

Delivery time

The professional must indicate the date or deadline which it undertakes to deliver prior to the conclusion of the contract. In the absence of such a specification, the law sets a maximum time limit beyond which delivery is considered late.

If the deadline is exceeded, the consumer may require the business to deliver within a reasonable additional period; if the business fails to do so, Terminate the contract by certified mail or any other written form on a durable medium. The contract is terminated immediately, without any additional delay, when the delivery date was an essential condition of the contract.

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

Transfer of Risk

This is the most misunderstood point, and it works in the consumer’s favor.

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

There is one exception: when the consumer has personally chosen a carrier other than the one offered by the business, the transfer of liability occurs upon handover to the carrier. This exception is narrow in scope and does not apply when the customer has simply selected a delivery option offered by the seller.

In practice, this means that disclaimers such as “we accept no liability for loss by the carrier” are not enforceable for consumers. 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 than returns due to defects.

The consumer returns the item within fourteen days of making the decision. The return shipping costs are the professional’s responsibility, provided that the professional has informed the customer of this before the contract is concluded—otherwise, they are the seller’s responsibility.

The seller shall refund all amounts paid, Standard shipping included, within fourteen days of receiving notice of the cancellation. The seller may defer this refund until the goods are returned or until proof of shipment is received, whichever comes first. The seller is not required to reimburse the additional cost of express shipping chosen by the customer.

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

Legal warranties, distinct from returns

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

Under this warranty, you are entitled to repair or replacement at no cost, and to a refund or price reduction in the event of a failure. Return shipping costs are the seller’s responsibility, unlike in the case of a cancellation.

In addition, the warranty against hidden defects, which have distinct rules and timeframes. Neither of these two guarantees may be superseded by a commercial guarantee, which merely supplements them. Their inclusion in the terms and conditions is mandatory, and failure to do so is subject to penalties.

Required disclosures and information

Four pieces of information must be provided before the contract is concluded, and their absence is directly verifiable:

• The Shipping Terms: service areas, turnaround times, options, and their respective costs.
• The shipping costs, disclosed prior to order confirmation—a cost revealed at the final step constitutes a clear breach.
• The Right of Withdrawal, accompanied by a sample form.
• The legal guarantees, as defined in the relevant regulations.

These requirements align with the overall framework outlined in our guide to the Launch of an online store, and with the transaction security requirements described for the payment standards.

Use Cases

Package marked as delivered but not received. The burden of proof for delivery lies with the seller, and a simple “delivered” status from the carrier is not always sufficient to establish it. It is a good practice to have proof of delivery that identifies the recipient.

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

Delayed delivery of a seasonal order. When the date is critical—a Christmas order, a time-sensitive event—the issue is resolved immediately, without prior notice. The business calendar must be planned in advance within the announced deadlines.

Frequently Asked Questions

Who is liable for a lost package? The seller retains ownership by operation of law until the consumer takes physical possession of the goods. This does not apply if the consumer has personally chosen a carrier other than those offered by the business.

Are return shipping costs the customer’s responsibility? In the case of withdrawal, yes, provided the customer was informed of this before placing the order. In the case of lack of conformity, no: the seller is responsible for these issues.

Should the initial shipping costs be refunded? Yes, up to the cost of the standard shipping option. The additional cost of express shipping chosen by the customer does not have to be reimbursed.

What is the refund period? Fourteen days from the date of notification of withdrawal, with the option to extend this period until the goods are recovered or proof of shipment is provided. Delays result in progressive surcharges.

Is a clause excluding liability for loss valid? No. It is unenforceable against the consumer and may be classified as an unfair term.

Can a return of an opened product be refused? Not based solely on the fact that the item has been opened, except for categories excluded from the right of withdrawal. However, a reduction in value resulting from excessive handling may justify a reduced refund.

Key Takeaways

Three rules are sufficient to address virtually all delivery and return disputes, and all three designate the seller as the default liable party. Delivery is automatically due, without the customer having to take action against the carrier. Risk is transferred only upon physical possession. And return shipping costs are the customer’s responsibility only if this information was provided before the order was placed.

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