Return arrangements: “Think twice” – Sellers who offer a return arrangement bear, in principle, the risk
Distribution Law & Market Practices
Consumers, in the case of distance selling, such as online purchases, enjoy a statutory right of withdrawal.[1] In practice, however, there are often problems related to the return of goods. Returns do not arrive, arrive late or arrive damaged. There is no consensus on who bears the financial risk in such cases. A recent decision by the Antwerp Business Court, division Antwerp[2], creates clarity: sellers who offer a return arrangement bear, in principle, the financial risk of such a return.
05 April 2024