Goods have to be delivered within 30 days of the conclusion of the contract unless agreed otherwise by the parties. Where goods have been delivered late to the consumer, the consumer will be allowed to terminate the contract. Unless the delivery within the 30 days is essential and unless seller has refused to deliver the goods, the consumer has to give the trader additional time to perform the contract. The risk in relation to the goods passes when the consumer or a third party indicated by the consumer gets physical possession of the goods. Where the carrier of the goods is commissioned by the consumer and that option was not offered to the trader, the passing of the risk takes place when the carrier receives possession of the goods.
If a web-shop has terms and conditions on their webpage which contravene with EU law then the web-shop must amend these so as to put these in line with EU law. For example, in 2003, the company Virgin Wines Online terms and conditions stated that a consumer that the goods sold on their website were non-refundable and that cancellation of the product could only be effective if such a measure was done via email or a phone call. Another term stated that in certain contracts, delivery could take over 30 days. Virgin Wines were obliged to change these terms following an approach by the Office of Fair Trading.
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