by Evelien Callewaert and Magali Anné
A new article in the legislation for distance selling aims to make consumers more environmentally aware. The new provision requires that sellers offer at least two delivery options for online transactions. This allows consumers to choose the delivery method that best suits their needs. The law applies to all goods delivered in Belgium, including those from foreign sellers.
The aim of this provision is to offer consumers more options when choosing delivery methods. At the same time, it addresses the growing ecological challenges posed by e-commerce. The explosive growth of online shopping has led to an increase in the number of delivery vans on the road, which in turn puts pressure on the environment and road safety. The new regulation is intended to make consumers more aware of their choices when selecting delivery methods and to encourage more sustainable e-commerce practices.
As a seller, you are required to offer at least two delivery methods for online transactions with consumers. While you retain the freedom to choose which delivery methods to offer, you must provide at least two options. These can range from home delivery and delivery to neighbors, to delivery at collective drop-off points, post offices or parcel collection points, delivery to the workplace, in local sales points of the respective provider, in parcel lockers, and even same-day express courier delivery. This variety of delivery options allows sellers to cater to the different needs and preferences of consumers.
Additionally, sellers retain the freedom to offer different rates for the various delivery methods they provide. This means, for example, that a faster delivery option can be offered at a higher price, while a standard delivery remains available at a lower cost. This flexibility allows sellers to align their delivery policies with both consumer demand and operational costs.
For small sellers who do not use courier services but deliver goods themselves, there is also the option to offer a second delivery method, such as in-store pickup.
However, the law also provides for two exceptions:
Businesses established less than three years ago are exempted so that they have time to set up their delivery systems.
Sellers with objective reasons for offering only one delivery method, such as for fragile goods (e.g., freshly prepared meals, very heavy furniture) or specific delivery locations (e.g., flowers at a wedding venue), are also exempted.
The new provision offers consumers more choice when making online purchases and is an important step towards more sustainable e-commerce practices. The new rules will come into effect on September 21, 2024. This gives you some time to adjust your webshop systems and processes.
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Evelien Callewaert
Senior Advisor Legal evelien.callewaert@vdl.be
Magali Anné
Consultant - Legal magali.anne@vdl.be
Disclaimer
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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