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.
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[1] Article VI.44/2 and following Code of Economic Law ("CEL").
[2] Decision of 27 February 2024.