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

The right of 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 deadline, which varies depending on the nature of the contract, and the penalty for failing to provide information, which extends this deadline from fourteen days to twelve months. A seller who provides poor information doesn't just miss 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 business 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, regardless of the seller's commercial policy.

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

The deadline and its starting point

The deadline is fourteen days, but it does not start from the same event depending on the contract:

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

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

The penalty for failing to provide information

This is the most costly point, and it is purely documentary.

The business must inform the consumer of the existence of the right of withdrawal, its conditions, its deadline and how to exercise it, and provide them with the standard withdrawal form. Failing that, the deadline 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 business corrects the situation during that period, the fourteen-day deadline restarts from that correction.

And as is often the case in consumer law, the burden of proving that the information was provided lies with the business. It is not enough to claim that the terms and conditions contained the notice: 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.

The 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 personalized.
• Goods liable to deteriorate or expire quickly.
• Goods unsealed after delivery that cannot be returned for hygiene or health protection reasons.
• audio, video or software recordings unsealed after delivery.
• Newspapers and periodicals, except subscriptions.
• Accommodation, transport, car rental and leisure services provided for a specific date.
• Digital content supplied on a non-physical medium whose performance has begun with the consumer's express agreement and their explicit waiver.

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

Obligations once the right of withdrawal has been exercised

On the consumer's side. They must 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 informed them of this beforehand — otherwise, they fall to the seller. They are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature and characteristics.

On the business's side. It must refund the full amount paid, including standard delivery costs, within fourteen days of being informed of the decision to withdraw. It may delay this refund until it has recovered the goods or until the consumer has provided proof of shipment. It is not required to refund the extra cost of a more expensive delivery method than the standard option.

A delay in refunding results in surcharges that increase with the delay. The logistics of returns are therefore not just an operational matter — they have a direct financial impact, a topic covered in our article on delivery and returns obligations.

Use cases

General 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 is placed. This is one of the key points of the legal framework for an online store.

Personalized products. The exception only applies if the personalization is genuine and requested by the customer. Choosing among predefined options does not constitute customization to the consumer's specifications.

Sales to businesses. Check the buyer's headcount and the relationship between the subject matter of the contract and its main activity before ruling out the right of withdrawal. The automatic assumption that “the customer is a business, so there's no right of 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 of several goods delivered separately, it runs from receipt of the last item.

What happens if the customer was not informed? The deadline is extended by twelve months. A correction made during that period restarts the fourteen-day deadline from that point.

Does the customer have to justify their withdrawal? No. The right is exercised without justification and without penalty. The business cannot make it conditional on a justification nor charge any fee for it.

Who pays for return costs? The consumer, provided they were informed before the contract was concluded. Without such information, these costs remain the business'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 proportionally.

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 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 entire issue therefore shifts from managing returns to the quality of pre-contractual information and the ability to prove it.

Three elements make for a solid case: 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 an isolated 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 described for secure payment standards.