Delivery-time advertising: availability and misleading claims under section 2 UWG

A delivery-time claim provides information about a material characteristic of the advertised offer. It may refer to dispatch, handover to the carrier or arrival at the customer. “Dispatched within 24 hours” therefore communicates something different from “delivered within 24 hours”. A notice that an item is “in stock” also rests on a specific factual basis.

The overall impression includes the headline, product page, selected variant, basket, delivery area, proximity to the price and visible qualifications. A small note in the footer may not reliably qualify a broad and definite promise. On mobile advertisements, limits must be visible where the purchase decision is prompted.

The claim must fit the advertised variant. A retailer cannot transfer the delivery time for a black standard model to a special size, personalised version or different region without a clear explanation. “From stock” also needs a real connection to the specific product and ordering time.

Availability begins with whether the specific product can be ordered. A stock figure in an inventory system is important evidence, but it does not resolve reservations, damaged goods, blocked variants or regional stock. If the retailer only arranges supply from a wholesaler after the order, the claim must reflect that process clearly.

Dispatch usually means the time when the goods leave the business or are handed to the carrier. Arrival means delivery to the ordering person. Transport, collection times, weekends, public holidays and delivery obstacles may lie between those events. Precise advertising must not merge these stages into an apparently certain arrival deadline.

The ordering time may also matter. A shop promising dispatch on the same day should make the cut-off and affected delivery areas understandable. The particular order page, shipping method and selected product variant need to be reviewed together.

Before publication, a business should record the basis for the delivery claim. This may include stock of the specific variant, reservations, supplier commitments, handling times and available shipping methods. An automated shop value is useful where its data source and update process can be traced.

An estimated delivery time must not communicate certainty that the underlying data cannot support. “Expected in three to five working days” is understood differently from “guaranteed in three working days”. Both claims still need a plausible calculation. A general warning about possible delays does not replace examination of the central message.

Planning should cover the advertised area and expected order volume. A small quantity may be sufficient for a local campaign while requiring a different assessment for nationwide advertising. The advertising claims tool helps organise the claim, audience, evidence and publication status. Supply-chain and stock data require an additional concrete review.

If a delay arises after a campaign starts, the sequence of events matters. Preserve the original advertising, when the deviation was identified, affected orders and every later change. An old advertisement may remain visible through search engines, newsletters, social media or stored product feeds.

The product page, basket and order confirmation should communicate the same delivery information. A correction on one channel leaves inconsistent claims elsewhere. If the delivery time is reduced, the business must also review promises already made to customers. The contractual assessment of accepted orders is separate from the competition-law review of the advertising.

The full context is also needed for a competitor claim. A parcel that arrived late may indicate a problematic promise, but it does not alone prove that the claim was misleading when published. The original advertisement, delivery area, selected variant, order time and specific communication are relevant.

For own campaigns, preserve approved advertising, product data, stock records, supplier commitments and shipping rules in chronological order. Add changes to the shop, feed, newsletter and advertisements, together with the person or system that triggered them. This shows which claim the audience could see at a particular time.

When a competitor or affected customer is reviewing the claim, record the URL, date, time, device, region, product variant, price and exact delivery statement. Screenshots should show the complete setting. A documented order with confirmation, delivery promise and later status message can make the process understandable.

The topic page on injunctions and interim relief provides further context on enforcement. The German overview of misleading commercial practices in Austria places section 2 UWG in a wider setting. This article remains focused on delivery time, dispatch and availability in online offers.