Customer Right of Withdrawal: Timeline and Procedures in E-commerce

The right of withdrawal is often summed up in a single figure — fourteen days. That figure is correct, but it says nothing about the two mechanisms that actually determine disputes: the starting point of the period, which varies according to the nature of the contract, and the penalty for failing to provide information, which extends that period from fourteen days to twelve months. A seller who provides poor information does not simply lose a formality: they expose themselves to returns for more than a year.

Who benefits from the right of withdrawal

The right of withdrawal applies to contracts concluded at a distance or off-premises between a trader and a consumer. It is not, therefore, a general right of second thoughts: a sale concluded in-store, with both parties present, does not give rise to it, whatever the seller's commercial policy.

One extension deserves to be known by B2B sellers. A business may benefit from it where it employs a very small number of staff and the subject matter of the contract falls outside its main business activity. The buyer's status as a professional is therefore not always enough to rule out the right of withdrawal.

The time limit and its starting point

The time limit is fourteen days, but it does not run from the same event depending on the contract:

• For a sale of goods, from the date the goods are received by the consumer or by a third party designated by them.
• For an order for several goods delivered separately, from the date the last item is received.
• For a staggered delivery, from the date the first batch is received.
• For the provision of services, from the date the contract is concluded.

This distinction produces a counter-intuitive effect: on a multi-item order, the period may expire several weeks after receipt of the first item. A seller who calculates from the first delivery will systematically get it wrong.

The penalty for failing to provide information

This is the most costly point, and it is purely a matter of documentation.

The trader must inform the consumer of the existence of the right of withdrawal, its conditions, its time limit and how to exercise it, and must provide them with the standard withdrawal form. Failing this, the time limit is extended by twelve months.

This extension is not a theoretical penalty. It means that a customer can withdraw from a purchase made ten months earlier if the information was not properly provided. If the trader remedies the situation during that period, the fourteen-day time limit starts running again from the date of that remedy.

And, as is often the case in consumer law, the burden of proving that information was provided lies with the trader. It is not enough to claim that the terms and conditions contained the relevant statement: it must be possible to establish that they were brought to the customer's attention and accepted before the commitment was made — an issue covered in our article on acceptance of terms and conditions.

Exceptions

The right of withdrawal does not apply in a series of exhaustively listed cases. The most common in online commerce are:

• Goods made to the consumer's specifications or clearly personalised.
• Goods liable to deteriorate or expire rapidly.
• Goods unsealed after delivery which cannot be returned for reasons of hygiene or health protection.
• Sealed audio, video or software recordings unsealed after delivery.
• Newspapers and periodicals, other than subscriptions.
• Accommodation, transport, car hire and leisure services supplied for a specific date.
• Digital content supplied on a non-physical medium whose performance has begun with the consumer's express agreement and explicit waiver.

This last exception is the most poorly applied. It requires two separate expressions of intent — agreement to immediate performance and explicit waiver of the right of withdrawal. A single box ticked for both does not satisfy the requirement.

Obligations once withdrawal has been exercised

On the consumer's side. They must return the goods without undue delay, and no later than fourteen days after notifying their decision. Return costs are borne by the consumer, provided the trader informed them of this beforehand — failing that, they fall to the seller. The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature and characteristics.

On the trader's side. They must refund the full amount paid, including standard delivery costs, within fourteen days of being informed of the decision to withdraw. They may defer the refund until the goods have been returned or until the consumer has provided proof of dispatch. They are not required to refund the extra cost of a more expensive delivery method than the standard option.

Late refunds attract penalties that increase with the delay. The logistics of returns is therefore not only an operational matter, it has a direct financial impact — a subject covered in our article on delivery and returns obligations.

Use-case scenarios

General online shop. Pre-contractual information and the standard form must be accessible before the order is confirmed, and a summary must be sent on a durable medium after the order is placed. This is one of the key points of the legal framework for an online shop.

Personalised products. The exception only applies if the personalisation is genuine and requested by the customer. Choosing from predefined options is not the same as goods made to the consumer's specifications.

Sales to businesses. Check the buyer's staff headcount and the relationship between the subject matter of the contract and its main business activity before ruling out the right of withdrawal. The automatic assumption that "professional customer, therefore no withdrawal" is a common source of disputes.

Frequently asked questions

What is the exact time limit? Fourteen days, from receipt of the goods for a sale, or from conclusion of the contract for a service. For an order of several goods delivered separately, it runs from receipt of the last item.

What happens if the customer was not informed? The time limit is extended by twelve months. If the situation is remedied during that period, the fourteen-day time limit starts running again from that date.

Must the customer justify their withdrawal? No. The right may be exercised without giving a reason and without penalty. The trader may neither require justification for it nor charge any fee in connection with it.

Who pays the return costs? The consumer, provided they were informed of this before the contract was concluded. If no such information was provided, these costs remain the trader's responsibility.

Can a used product be returned? Yes, but the consumer is liable for any diminished value resulting from handling beyond what was necessary to establish the nature and characteristics of the goods. The seller may then reduce the refund proportionately.

Does the right of withdrawal apply in B2B? In principle, no, except where the professional buyer employs a very small number of staff and the subject matter of the contract falls outside its main business activity.

Key takeaways

Two figures sum up the risk: fourteen days if the information is correct, twelve months and fourteen days if it is not. The whole issue therefore shifts from managing returns to the quality of pre-contractual information and the ability to prove it was provided.

Three elements make for a solid case file: information accessible before the order is confirmed, a standard form actually provided, and a summary sent on a durable medium after the purchase. A seller who has these three dated elements is dealing with a one-off return. One who lacks them exposes themselves to withdrawals for more than a year, and securing the associated payments falls under the same traceability requirement as that described for secure payment standards.