Liability for Online Purchases | Legal Aid

Questioner

I have a question about the liability of delivery when purchasing via the internet. My question is how (or can) the buyer be held liable when ordering via the internet? (regarding shipping, e.g. lost packages) According to 7:11BW the risk of delivery lies with the seller until it has been delivered to the buyer. However, this may be deviated from, but this may cannot be done via the general terms and conditions of the relevant web shop (7:6 paragraph 2 BW) For example, is it legally valid to check a box with the text: As a buyer, you are liable for the shipment of your products? If not, is there another way? Thank you in advance for your time.

Lawyer

Theoretically it could be done, but I can't recommend it for several reasons. It won't go over well with customers and a judge would probably find it unreasonable.

Lawyer

If you are a seller, I would advise you to send the mail by registered mail. Then you can always prove that the mail item has been sent and that it has been delivered. It does indeed cost more than by regular mail, but you could, for example, charge these costs to the customer. Kind regards,