Does a European supplier have a delivery obligation to its customer?


Questioner

We have been ordering boxer shorts from an underwear company in France for our business for 2 years. We buy it for sale: retail. Now this company has changed their rules and if we cannot buy above 50,000 euros they will no longer supply us. Can they just do this, or do they actually have a delivery obligation to their customers? Thank you very much in advance for your answer. Have a nice day.

Lawyer

No, generally not. You must be able to demonstrate a basis, a purchase agreement. Conversely, you then also have a purchase obligation. If there is no relationship in the form of an agreement (which can sometimes also arise through actual recurring actions) there is no legal basis to enforce the delivery of products. You must also consider that actually enforcing, even if there is a demonstrable basis, entails costs and time.

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