Legal obligations for Belgian webshops

Information obligations and company data

Operating an online store in Belgium carries significant legal responsibility. The foundation of every e-commerce platform is transparency. You are legally required to clearly state your company details on your website. This includes the full company name, registered office address, company number (VAT number), and contact information such as an email address and phone number. Failure to comply with this identification duty can lead to sanctions from the Economic Inspection. Furthermore, it is crucial to provide clarity regarding the prices of products and services. In Belgium, prices must always be displayed including VAT and all other taxes, ensuring the consumer is not faced with unpleasant surprises during checkout. The total price, including shipping costs, must be visible before the order is finalized. By ensuring this transparency, you not only build trust with your customers but also comply with the strict legislation established by the European Union and the Belgian government for online sales.

Right of withdrawal and return policy

One of the most prominent rights for consumers when making online purchases is the right of withdrawal, also known as the 'cooling-off period'. Belgian consumers have the legal right to cancel their purchase without providing a reason within fourteen calendar days of receiving the product. It is your duty as the webshop owner to inform the consumer about this in writing prior to the purchase. If you fail to inform the customer correctly about this right of withdrawal, the return period can even be extended up to twelve months. It is therefore essential to provide a standard withdrawal form on your website. Keep in mind that exceptions to this right exist, such as for perishable goods or personalized products, but these exceptions must be very specifically described in your general terms and conditions. A correct policy prevents legal disputes and contributes to professional customer service, which is essential for the growth of your web store.

General terms and privacy

General terms and conditions form the legal basis of the agreement between you and your customer. In this document, you establish the rules regarding delivery times, payment conditions, warranty claims, and dispute resolution. It is crucial that these conditions comply with the Belgian Code of Economic Law. Avoid unfair terms that disadvantage the consumer, as these can be declared void. Additionally, privacy legislation, specifically the GDPR, is inseparable from operating an online store. You collect personal data from your customers for billing and shipping purposes. You are required to explain in a clear privacy policy what data you collect, why you do it, and how long you retain it. The use of cookies also requires explicit consent via a cookie banner on your website. Handling customer data carefully is not only a legal obligation but also the cornerstone of ethical and sustainable business operations in the digital economy.

E-commerce legislation and warranties

When selling products, you are bound in Belgium by a two-year legal warranty. This means that a consumer can expect a product to function normally during that period under normal use. If a product becomes defective due to a manufacturing error, the seller is obliged to repair or replace it free of charge. The burden of proof for defects appearing within the first two years lies with the seller, which significantly increases your responsibility as a merchant. Moreover, your online store must comply with specific rules regarding commercial communication. This includes rules for email marketing and so-called 'opt-in' legislation. You may only send newsletters to customers who have given explicit permission. Finally, it is mandatory to provide a link to the European Commission's ODR (Online Dispute Resolution) platform, so consumers know where to go in case of complaints. By complying with all these obligations, you create a safe and reliable environment, which significantly increases the chance of successful e-commerce operations in the Belgian market.