Is your delivery promise still allowed?

Delivery promise ruling

Amsterdam - Friday 7 August 2026- written by Jeroen Gehlen.

On 30 June 2026, the Dutch Advertising Code Committee ( case 2026/00265) ruled that Coolblue's claim "Ordered before 23:59, delivered free tomorrow" is misleading. The Committee states that an absolute delivery promise may not be made without a clearly visible disclaimer. A mouse-over containing a disclaimer is insufficient.

The message is clear: a delivery promise on a specific day is a firm commitment that must be honoured. If the retailer fails to meet a commitment, consumers can reclaim the shipping costs.

Although the Advertising Code Committee (RCC) is advisory and non-binding, we recommend adopting this recommendation. Non-compliance with the Committee's recommendations can lead to publication and reputational damage. Additionally, a court may rule that it constitutes an unfair commercial practice. The standards of the Dutch Advertising Code (NRC) closely align with the statutory rules on misleading practices (Art. 6:193c of the Dutch Civil Code), against which the Committee tests. Non-compliance with the NRC can therefore itself qualify as an unfair commercial practice. While the Committee cannot impose sanctions or fines, the courts do have that authority.

What does this mean for retailers?

Your claim in the checkout:

• Standard checkouts / next day
  You as a retailer promise buyers that their order will be delivered tomorrow.
• Nominated Day delivery
  You as a retailer promise delivery on a specific day (e.g. Wednesday).

Stay compliant

What could you do?

To remain legally compliant, we propose the following adjustments to the texts used in your checkout. Don't call it a delivery promise, call it a delivery expectation. For example:

• Standard checkouts / next day
  We aim to deliver your order tomorrow. In exceptional cases, delivery may take slightly longer.
• Nominated Day delivery
  We aim to deliver your order on your chosen day. In exceptional cases, the delivery day may differ.

The above texts can be included in the checkout itself or via an asterisk. They are formulated as a best-efforts obligation with a directly visible disclaimer, thus aligning with the requirements set by the Committee. These texts are a starting point and can be supplemented or adapted to your own brand style.

The effect on the entire chain

What happens when consumers stop waiting at home?

If checkouts are adjusted to "delivery within 2 business days," the Advertising Code Committee's decision will have a negative domino effect on the entire chain:

• Consumers no longer stay home
  If a consumer is no longer 90–95% certain that an order will arrive on a specific day, there is no reason to stay home and wait for the parcel to be delivered. The entire concept of "I'll be there on Wednesday to receive the order" collapses.
• Extra costs for carriers
  More consumers not home = more carriers standing at a closed door. Every failed delivery attempt costs the carrier time and money.
• More pickups at parcel shops
  Parcels that cannot be delivered end up at parcel shops. Extra handling, extra costs, worse consumer experience.
• More returns due to full parcel shops
  Consumers have 7 days to collect a parcel. With overcrowded parcel shops and lockers, that becomes increasingly difficult. Orders that are not collected are returned to the webshop: extra costs, lower conversion, frustration.

Transparency

Conclusion

Wuunder is a certified B Corp™ that treats checkout as the start of the logistics chain. By presenting smarter delivery options at purchase, we enable savings downstream: in the warehouse through better planning (less temporary employees), and at the carrier through greener routing (validated by the University of Groningen, up to 30% higher conversion).

The checkout should stay the place where the delivery moment is set. You just frame it as a clear expectation, not an absolute promise.

Sustainability is not a separate initiative here, it is built into the checkout. With GreenChoice, customers are nudged towards the most sustainable delivery day, and that is a choice your shoppers can now make knowing the business behind it is measured against a verified standard. Right where it counts: the checkout.

Is your delivery promise still allowed?

The Dutch Advertising Code Committee ruled that an absolute delivery guarantee without a visible disclaimer is misleading. Unsure whether your checkout is still compliant? We'll review it with you and show you exactly what to adjust.