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The timely delivery of ordered goods is essential for customer satisfaction and legal compliance. But within what period do you have to deliver exactly? Do the rules differ when doing business with individuals (B2C) or with other entrepreneurs (B2B)? We'll explain it for you and give you some practical tips.
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When the customer is a consumer, you can always agree on a concrete delivery period. The law does not restrict this, which means that even a period of one year or more is possible. However, it is wise to set a realistic deadline, so that you can be sure that you can deliver on time.
Haven't you agreed on a concrete deadline? Then the law states that delivery must take place within 30 days of the conclusion of the agreement (art. VI.43, §1 WORK). However, this only applies to goods, not services. For services, you must deliver within a reasonable period of time if no specific appointment has been made.
If you do not respect the agreed or legal period, the consumer has the right to send you a notice of default. You will then receive an additional period to deliver. If delivery fails, the customer may terminate the agreement.
If the delivery period was essential for the customer, the customer can even cancel the agreement immediately without notice of default. In that case, the customer can also claim compensation or take legal action.
More flexible rules apply to business transactions than in B2C relationships. If you do business with another entrepreneur, you can also make free agreements about the delivery period. If nothing is explicitly agreed, delivery must take place within a reasonable period of time. What is considered “reasonable” depends on factors such as the nature of the product or the sector.
In a B2B agreement, you can agree on the consequences of late delivery. For example, you can determine that the delivery period is indicative and the customer cannot claim compensation or termination in the event of delay. If nothing has been agreed, the customer can send you a notice of default if delivery is not forthcoming.
If you still fail to deliver, the customer may consider terminating the agreement or taking legal action. In that case, you run the risk of having to pay compensation.
It is crucial to make clear agreements about delivery times, in both B2C and B2B contexts. This way, you prevent ambiguities and possible disputes. Would you like to receive more information about this issue or do you have any questions? Feel free to take contact contact us, we are happy to help you out.
Source: Jan Roodhooft, Attorney
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