Delivery and delivery services
If a company agrees on a delivery time with a consumer, the company must comply with that delivery time.
The company must also clearly agree with the consumer on how the delivery will take place.
Delivery
Aruba has no fixed statutory delivery period for goods.
A company must deliver the product within a reasonable period. However, if the company agrees on a specific delivery time, it must meet that agreement.
If the company delivers late, the consumer may request a refund. This is especially relevant when the delivery is time‑sensitive, for example when delivering a wedding cake on the wedding day.
A company must avoid misleading delivery promises, such as “ordered today, delivered tomorrow,” unless the company can actually meet those promises.
Before the purchase, the company must clearly explain how the product will be delivered, for example:
- Delivery to the consumer’s home;
- Collection by the consumer at the store;
- Delivery in one shipment or in multiple packages.
Dropshipping
Dropshipping occurs when a consumer orders and pays a product from a company, but the product is delivered directly by a manufacturer or external supplier.
In the case of dropshipping, the company must inform the consumer in advance about:
- That the product will be delivered by a third party;
- The place or country from which the product is shipped;
- The return address and who is responsible for return shipping;
- The available delivery options (for example home delivery or collection from a carrier such as FedEx).
Note:
The method of delivery does not affect the company’s statutory obligations towards the consumer.
The company remains responsible and must therefore make proper arrangements with suppliers and delivery partners.
Risk of loss and damage
In a consumer sale, the risk of loss or damage remains with the company until the product has been delivered to the consumer.
Delivery may be carried out by the company or by a carrier chosen by the company. Only after delivery does the risk transfer to the consumer.
The company may only charge delivery costs if these costs were clearly stated to the consumer in advance.
The consumer is responsible for delivery only in the following situations:
- The consumer chooses a carrier other than those offered by the company;
- The consumer gives prior consent for delivery to neighbors and the product is lost or damaged there.
Returns
The company is responsible for the return of the product if:
- The company arranges for the product to be collected from the consumer; or
- The product must be returned for repair or replacement under the statutory warranty and the consumer follows the company’s return instructions.
Sources:
- Article 3:90 of the Aruban Civil Code
- Article 7:9 of the Aruban Civil Code
- Article 7:10 of the Aruban Civil Code
- Article 7:11 of the Aruban Civil Code
- Article 7:13 of the Aruban Civil Code