Return costs in case of refusal at the door

Return costs and return responsibility: What can an online store charge and who bears the risk?

When a consumer refuses an online order at the door, does not collect it from a parcel point, or uses a return label, there is often discussion about who pays the return costs and who is responsible for the return shipment. In this blog, we explain the legal rules and what online stores are and are not allowed to do.

Return costs in case of refusal at the door or failure to collect

When a consumer refuses a package upon delivery or fails to collect it from a collection point, this is legally considered an exercise of the right of withdrawal. The consumer does not have to give a reason and has 14 days to cancel the purchase.

According to Article 6:230s(2) of the Dutch Civil Code, in such cases the consumer bears the direct costs of returning the goods, unless the online store has failed to clearly state in advance that these costs will be borne by the consumer. An online store may therefore pass on the return costs incurred when a package is returned due to refusal or failure to collect.

Important conditions

The following conditions are important in this regard:

• The online store must clearly communicate in advance that return costs are borne by the consumer. Simply stating this in the terms and conditions is not enough; it must also be visible on, for example, the shipping or returns page.

• The online store may only charge the actual return costs. The original shipping costs for the initial delivery may not be deducted.

If these conditions are not clearly communicated, the consumer may be entitled to a full refund without deduction of return costs.

Who is responsible for the return shipment if the online store provides a return label?

Many online stores offer a return label to make returning items easier. This often raises the question of whether this shifts the responsibility for the return shipment. The answer is: not automatically.

As long as the consumer drops off the package themselves at a parcel point or carrier, the consumer remains responsible for:

• returning the item in the correct manner

• the risk of loss or damage during transport

This follows from the right of withdrawal: the consumer bears the risk of the return shipment until the online store has received the product.

When does responsibility shift?

Only when the online store actually organizes the return shipment itself, for example by:

• arranging a pick-up service

• engaging a carrier to collect the package from the consumer's home

In that case, the risk lies with the online store from the moment the package is handed over to the carrier.

Sample text for your shipping or returns page

To clearly communicate return costs, you can use this text, for example:

"If your package cannot be delivered, it will be taken to a collection point. If you do not collect it from there, we will unfortunately have to charge you € [RETURN COST AMOUNT] for the return costs. Once the package is back with us, your order will be (partially) canceled. This also applies if you refuse the package at the door. If you have any questions, please let us know!"