The right of withdrawal: what about it exactly?

It is a much described topic, yet we still often see ambiguities and mistakes regarding the right of withdrawal (also called the distance selling law or the trial period ). In this blog, we want to go into what the law looks like today. This blog post was rewritten on July 28, 2015 based on the new European regulations applicable since 2014.

1. The Basics: What is the right of withdrawal?

The right of withdrawal or return, also called the basis of the Right of Return, is simple. Every consumer has up to 14 calendar days after receiving their order to indicate their wish to return all or part of their order. After notification of the return, you have another 14 days to return the product to the online store. The consumer will be refunded the entire order amount including any shipping costs for the return shipment. However, he himself is responsible for the return to the webshop and the costs involved.

1.1 Two times 14 days

Often it is unclear that it is about twice 14 days, namely; 14 days to report the return and another 14 days to actually return. If the consumer indicates 5 days after receipt that he wants to return the product, he still has 14 days from that time to return the product. So in total, in this example, the consumer has 19 days after receipt to return.

1.2 Information obligation

The online store must also inform the consumer of this right to return outside the general terms and conditions. Merely referring to the general conditions is not sufficient. If you do not inform the consumer, the cooling-off period will be extended and the costs for returning the product can also be charged to you.

• Inform consumer about return options(see sample text).
• Inform the consumer about the costs of returning the product (if you do not inform the consumer that the costs for returning the product are for your own account, then you also have to reimburse them).
• Inform the consumer about refund and also indicate that return shipping costs will be refunded in case of full return.
• Provide a model withdrawal form.

1.3 Money back

You are obliged to refund the order amount (including any shipping costs). This must be done within 14 days after notification of return. You may wait until the product is actually returned. You must use the same method that was used for payment. In consultation you may use a different refund method. Read all about the refund process here.

2. The stumbling blocks

The law seems simple. However, there are some stumbling blocks surrounding the right of withdrawal. We therefore want to clear up ambiguities on this point below.

2.1 What may a consumer do with the item?

The trial period is a period designed to test the product. The consumer may remove the product from its packaging and use it. Using obviously does not include using the product intensively for 14 days. However, a consumer may run a wash with his purchased washing machine, take out a product that is in plastic, or adjust a sweater. You may not require the consumer to return the product in unopened packaging. If a product is packed in hard plastic and the consumer has to damage the packaging to test this product, that is your risk. However, you may require that the packaging not be damaged more than necessary to try out a product. The trial period is actually a trial period. Read more about how to handle damaged returns here.

2.2 Return risk

Things can always go wrong during shipping. For example, the product may not arrive or may be damaged in transit. Here the risk is generally for the sender. As an online store, you bear the risk for the outbound shipment and the risk for the return is borne by the customer.

3. The exceptions to the right of withdrawal

There are some exceptions to the right of withdrawal. These are custom-made products, products that can spoil quickly, newspapers and magazines, betting & lotteries, hygienic products where the seal has been broken and services that are delivered within the cooling-off period entirely with the consent of the consumer (e.g. legal advice). Since 2014, auctions that fall entirely through the Internet are no longer exempted from returns and, as a rule, you may just return products according to the normal rules. You may not simply exempt products. For example, offers or products ordered especially for the customer may simply be returned. Read all about exceptions to the right of withdrawal.

3.1 Abuse of customization

There are some common mistakes regarding the exceptions to the right of withdrawal. For example, customization only applies when a product is made to specifications. A t-shirt with personal printing does constitute customization. Merely stating a color and size is NOT customization. Also products ordered especially for the consumer are NOT custom made. The consumer may return these products.

3.2 Offers can also be returned

As a consumer you can also return special offers / sale items. You are not allowed to exclude these from return.

3.3 CDs & DVDs

Media carriers such as CDs and DVDs can be sealed. These products can be returned if the seal is not broken.

3.4 Hygienic products

Hygienic products may be sent for return, provided that these products are sealed. Only when the seal is broken, the right of return lapses.

4. Services

Services ordered at a distance are also subject to the right of withdrawal. A 14-day cooling-off period also applies here. However, the rules for services are slightly different than for physical products. Therefore, please read all information regarding the right of withdrawal for services here.

5. Companies

The Distance Selling Act only applies to consumers. A company (including a sole proprietorship) cannot use the right of withdrawal. However, it is important to indicate this clearly. See also"What rules apply to B2B webshops?".

Further questions about the right of withdrawal or right of return?

Do you have any further questions? We would be happy to advise you.