Last-mile delivery across the EU
What EU consumer law says about delivery: the 30-day default, when risk passes to the buyer, when the withdrawal clock starts, and what to set with carriers.
Under the Consumer Rights Directive, Directive 2011/83/EU, a seller delivers to an EU consumer by the date agreed or, if none was agreed, without undue delay and within 30 days of the contract. The risk of loss or damage stays with the seller until the consumer, or a person the consumer names other than the carrier, physically holds the goods. The 14-day withdrawal period for goods also starts at that moment. The last mile is where all three rules meet.
A carrier’s scan saying “delivered” and the consumer holding the parcel are not always the same event. EU consumer law follows the second.
How long does a seller have to deliver to an EU consumer?
Article 18(1) of the directive sets the default. Unless the parties have agreed otherwise on the time of delivery, the trader delivers “by transferring the physical possession or control of the goods to the consumer without undue delay, but not later than 30 days from the conclusion of the contract.”
Two points follow for a seller.
- The agreed date governs first. A delivery promise at checkout, such as a stated delivery window, is the time agreed. The 30-day limit applies only where nothing was agreed.
- Delivery means possession. The obligation is met when the consumer has physical possession or control, not when the parcel leaves the warehouse.
What can a consumer do if delivery is late?
Article 18(2) sets out the sequence. Where the trader misses the agreed time or the 30-day limit, the consumer calls on the trader to deliver within an additional period appropriate to the circumstances. If the goods still do not arrive within that period, the consumer may terminate the contract.
The consumer may terminate immediately, without a second period, in some cases. These include a trader that refuses to deliver, and a delivery date that was essential, for example because the consumer made that clear before the contract was concluded.
On termination, Article 18(3) requires the trader to reimburse all sums paid “without undue delay.” Article 18(4) keeps any other remedies national law provides.
Who carries the risk if a parcel is lost or damaged in transit?
The seller, in the ordinary case. Article 20 states that where the trader dispatches the goods, the risk of loss or damage “shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods.”
That wording has practical consequences.
| Situation | Where the risk sits | Why |
|---|---|---|
| Parcel lost in the carrier’s network | Seller | The consumer never acquired possession |
| Parcel damaged in transit, before the consumer receives it | Seller | The damage happened before possession passed |
| Parcel handed to a neighbour the consumer named | Consumer | A third party indicated by the consumer, other than the carrier, took possession |
| Parcel left in a spot nobody agreed to, then missing | Seller, in principle | The consumer did not acquire possession |
| Consumer arranged its own carrier, not offered by the trader | Consumer, from handover to that carrier | The exception in Article 20 |
The carrier is never the consumer’s “third party” for this purpose. A seller’s claim for a lost parcel runs against its carrier under their contract, while the seller answers to the consumer.
When does the 14-day withdrawal period start for delivered goods?
Article 9(1) gives the consumer 14 days to withdraw from a distance contract without giving a reason. For sales contracts, Article 9(2)(b) starts the period on “the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods.”
The withdrawal clock and the risk rule use the same event. A reliable delivery record answers both questions at once.
After withdrawal, Article 14(1) requires the consumer to send the goods back without undue delay and at the latest within 14 days of telling the trader. The consumer bears the direct cost of return, unless the trader agreed to bear it or did not tell the consumer that the consumer would have to. Returns covers how those units come back into stock.
Why does delivery evidence matter so much?
Because three legal questions turn on one fact: when the consumer acquired possession. A seller that cannot show that date struggles to answer:
- whether delivery was on time under Article 18;
- whether the risk had passed under Article 20;
- when the withdrawal period began under Article 9.
Proof of delivery can take several forms, such as a signature, a photograph at the door, a named recipient or a pickup confirmation. The right level depends on the value of the goods and the claims history of the lane. A low-value item may not justify a signature. An expensive one usually does.
What should be agreed with carriers for EU deliveries?
The carrier contract should match the consumer-law position described above. Points worth settling before the first order:
- Delivery attempts. How many attempts, and what happens after the last one: pickup point, return to sender, or a new booking.
- Safe-place and neighbour rules. Whether the carrier may leave a parcel without a signature, and on whose instruction.
- Proof of delivery. Which evidence the carrier records, and how quickly the seller can retrieve it.
- Liability and claims. The carrier’s liability limit per parcel, the claim deadline and the documents required.
- Insurance. Whether goods above the carrier’s liability limit need separate cover.
- Returns labels. Whether the same carrier handles withdrawals and failed deliveries back to the warehouse.
- Service by country. Which service applies to each destination, since delivery practice differs across member states.
Transit times depend on the lane and the service. Parcel, pallet or groupage: moving stock from Portugal explains how to compare them for a given pair of postcodes.
A worked example
Suppose a homeware brand ships orders to consumers in Spain, France and Germany from stock held in Portugal. The details are hypothetical, for the mechanics only.
Its checkout promises delivery within five working days. That promise, not the 30-day default, is the time agreed under Article 18.
A parcel to Lyon shows “delivered” but the consumer reports it missing. The carrier’s record shows no signature and no named recipient. Under Article 20 the risk had not passed, so the brand sends a replacement or refunds the consumer. It then files a claim with the carrier within the contract deadline.
A parcel to Munich arrives with a cracked item. The consumer photographs it on delivery. The damage happened in transit, while the risk was still the brand’s, so the brand arranges a replacement rather than treating it as a withdrawal. The damaged unit comes back on a returns label and is booked as damaged stock.
A parcel to Valencia is delivered on a Monday with a signature. The consumer withdraws ten days later. The withdrawal is in time, because the period began on the Monday of delivery.
This is general information, not legal advice. How consumer law applies to a specific offer is confirmed with the seller’s advisers.
Where do EFC’s operations meet the last mile?
Orders leave EFC’s base in Portugal on carrier services chosen per destination, as described on last mile. Delivery records come back from those carriers, and returned units are received, checked and rebooked into stock. Consumer terms, delivery promises and any advice on consumer law remain the seller’s own; EFC gives no legal advice. For order handling before dispatch, see fulfilment.
Sources
| Label | Value | Source |
|---|---|---|
| Delivery | without undue delay, not later than 30 days, unless agreed otherwise; additional period; termination; reimbursement | Directive 2011/83/EU, Article 18, EU text on legislation.gov.uk, opened 2026-07-31 |
| Passing of risk | passes when the consumer or a third party indicated by the consumer, other than the carrier, acquires physical possession; exception for a carrier commissioned by the consumer | Directive 2011/83/EU, Article 20, EU text on legislation.gov.uk, opened 2026-07-31 |
| Withdrawal period | 14 days; for sales contracts, from physical possession | Directive 2011/83/EU, Article 9, EU text on legislation.gov.uk, opened 2026-07-31 |
| Return of goods | within 14 days of notice; direct cost on the consumer unless agreed or not disclosed | Directive 2011/83/EU, Article 14, EU text on legislation.gov.uk, opened 2026-07-31 |