Custom products: when are you allowed to refuse returns?

Do you sell personalized products, such as custom printed t-shirts or furniture? Then you have to deal with different rules than with standard products. After all, customers do not have the right to return custom-made products. But when can you exclude the right of withdrawal? And what do you have to arrange for that as a webshop?

When is something really custom-made?

You may exclude the right of withdrawal if the product:

• Is made especially for the customer, based on their wishes (for example, a personalized name on a product or unique dimensions).
• Does not consist of standard products, but is completely custom produced or customized. This means that the product cannot be sold to another customer without modification or loss of value.

For example:

• A personalized mug with the customer's name on it
• A custom-made cabinet or furniture according to the customer's wishes
• A handmade piece of jewelry with a specific engraving

Note: If you make a product that is not specifically tailored to the customer, but merelymake it to order from existing standard options (for example, a t-shirt in different colors or sizes, where the customer chooses only the color), then the right of withdrawal does apply.

Example:

• Customization: A customer orders a bag with their name on it. This is customization because the bag is made especially for this customer, and you can't just sell it to another customer without reworking it.

This also applies, for example, to a closet whose sizes the consumer can enter himself, so don't have a choice of standard sizes.

• Non-customization: A customer chooses a t-shirt from a standard collection, but specifies the size and color. This is not customization because the product consists of standard options and can be sold to other customers.

What do you need to arrange as a webshop?

You may exclude the right of withdrawal with customization only if you:

1. Be clear before ordering
   State on the product page that it is custom-made and that returns are not possible.
2. Include it in your general terms and conditions
   This puts you in a stronger legal position.
3. Confirm it after the order
   For example, in the order confirmation or via a checkbox at checkout.

Also keep in mind that it is important to send the general terms and conditions, after placing an order, on a durable data carrier. This can be done for example via e-mail, as an attachment to the order confirmation or as a pdf document.

Without these steps, a customer may still cancel within 14 days, even with custom orders.

Examples: return or no return?

In short

A customer may not use the right of withdrawal in case of customization, but only if you indicate it well in advance. No clear info = still right of return.