Article 18 of the Consumer Rights Directive gives sellers 30 days by default to deliver — but there are two situations where you don't even have to grant that extra grace period before cancelling and demanding your money back.
The Default Deadline and What Happens If It's Missed
Article 18 of Directive 2011/83/EU (the Consumer Rights Directive) requires a trader to deliver goods without undue delay, and no later than 30 calendar days from the conclusion of the contract, unless the parties agreed on a different specific delivery date. This applies across cross-border and domestic EU e-commerce alike.
If the seller misses the 30-day deadline (or an agreed specific date), the default next step is that you must give them written notice requesting delivery within an additional period appropriate to the circumstances. Only if that extended period also passes without delivery are you entitled to terminate the contract.
The Two Exceptions Where You Skip the Extra Waiting Period
Article 18 explicitly recognizes two situations where you're not required to grant any additional grace period before cancelling immediately:
- The seller has expressly refused to deliver the goods — if they've told you outright they won't deliver, there's no requirement to formally request more time you already know they won't use.
- Delivery within the agreed timeframe was essential given the circumstances of the contract — the classic example is a wedding dress or an item genuinely useless if it arrives after a specific fixed event.
In either case, you can terminate the contract immediately and demand a full refund without going through the additional-period step.
The Refund Obligation Once the Contract Ends
Once the contract is terminated under Article 18, the trader is legally required to reimburse all sums paid without undue delay. Sellers cannot point to a private courier's own delay as a defense for withholding your refund — the contract is between you and the seller, and the seller bears responsibility for their chosen delivery arrangements. National implementing legislation in individual member states (for example, Spain's Real Decreto Legislativo 1/2007, or France's Code de la consommation) often layers additional consequences on top of EU-wide law for a trader who unreasonably delays a refund after termination — check your specific country's implementing rules for what applies to you.
What to Do
- Check whether a specific delivery date was agreed, or whether the 30-day default applies.
- If the deadline passes, send a written request giving a specific, reasonable additional period — keep a copy and proof of sending.
- Check whether either exception applies to your situation (explicit refusal, or a genuinely essential timeframe) — if so, you can skip straight to termination.
- If the additional period also passes without delivery, formally terminate the contract in writing and request a full refund.
- If the seller delays the refund itself, check your country's specific consumer protection legislation for what additional remedies apply.
Related Kibbo Tools
Sources
- EUR-Lex — Directive 2011/83/EU on consumer rights, Article 18. eur-lex.europa.eu