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

The right to withdrawal is often summed up in a single figure — fourteen days. That figure is accurate, but it says nothing about the two mechanisms that actually decide disputes: the starting point of the period, which varies according to the nature of the contract, and the penalty for failure to provide information, which extends this period from fourteen days to twelve months. A seller who fails to inform properly does not merely miss a formality: they expose themselves to returns for more than a year.

Who is entitled to the right of withdrawal

The right of withdrawal applies to contracts concluded at a distance or off-premises between a professional and a consumer. It is therefore not 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 is worth knowing for B2B sellers. A professional may benefit from it when they employ a very small number of employees and the subject matter of the contract does not fall within the scope of their main 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 start running from the same event depending on the contract:

• For a sale of goods, from receipt of the goods by the consumer or a third party designated by them.
• For an order of several goods delivered separately, from receipt of the last item.
• For staggered delivery, from receipt of the first batch.
• For a supply of services, from the conclusion of the contract.

This distinction produces a counter-intuitive effect: on a multiple order, the time limit may expire several weeks after receipt of the first item. A seller who calculates from the first delivery is systematically wrong.

The penalty for failure to provide information

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

The professional must inform the consumer of the existence of the right of withdrawal, its conditions, its time limit and the procedures for exercising it, and 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 professional rectifies the situation during this period, the fourteen-day time limit starts running again from the date of that rectification.

And as is often the case in consumer law, the burden of proving that information was provided rests with the professional. It is not enough to claim that the terms and conditions contained the mention: it must be possible to establish that they were brought to the customer's attention and accepted before the commitment was made, a matter covered in our article on the 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:

• Goods made to the consumer's specifications or clearly personalised.
• Goods likely to deteriorate or expire rapidly.
• Goods unsealed after delivery that cannot be returned for hygiene or health protection reasons.
• The audio, video or software recordings unsealed after delivery.
• The newspapers and periodicals, other than subscriptions.
• The accommodation, transport, car rental and leisure services provided on a specific date.
• The digital content supplied on an intangible medium whose performance has begun with the consumer's express consent and explicit waiver.

This last exception is the most poorly applied. It requires two distinct expressions of intent — consent to an immediate start and the explicit waiver of the right of withdrawal. A single checkbox ticked for both does not fulfil the condition.

Obligations once the right of withdrawal has been exercised

On the consumer's side. They return the goods without undue delay, and at the latest within fourteen days of their decision. Return costs are borne by them, provided the business has informed them beforehand — failing which, the costs fall to the seller. They are liable for any depreciation in the value of the goods resulting from handling beyond what is necessary to establish their nature and characteristics.

On the business's side. They refund the full amount paid, including standard delivery costs, within fourteen days of the date on which they were informed of the decision to withdraw. They may defer this refund until the goods are recovered or until the consumer has provided proof of shipment. They are not required to refund the additional cost of a more expensive delivery method than the standard option.

A delayed refund incurs surcharges that increase with the length of the delay. Returns logistics is therefore not merely an operational matter — it has a direct financial impact, a topic covered in our article on delivery and returns obligations.

Use cases

General-purpose online store. 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. This is one of the structuring points of the legal framework for an online store.

Customised products. The exception only applies if the customisation is genuine and requested by the customer. A choice among predefined options does not amount to goods made to the consumer's specifications.

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

Frequently asked questions

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

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

Does the customer need to give a reason for withdrawing? No. The right is exercised without giving a reason and without penalty. The business may neither make it conditional on a justification nor charge any fees for it.

Who pays the return costs? The consumer, provided they were informed before the conclusion of the contract. In the absence of such information, these costs remain the responsibility of the business.

Can a used product be returned? Yes, but the consumer is liable for any depreciation 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 business buyer employs a very small number of employees and the subject matter of the contract falls outside the scope of 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 thus shifts from managing returns to the quality of the pre-contractual information and the ability to provide proof of it.

Three elements make up a solid file: information accessible before the order is validated, 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 is exposed to withdrawals for more than a year, and securing the associated payments falls under the same traceability requirement as that described for the secure payment standards.