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

Introduction

Introduction

The right of withdrawal constitutes one of the fundamental protections granted to consumers in the context of distance sales. Enshrined in the French Consumer Code (articles L221-18 to L221-28) and transposing European Directive 2011/83/EU relating to consumer rights, this right allows the customer to withdraw from their commitment without having to justify their decision. For e-retailers, controlling deadlines, operating procedures and legal exceptions is not optional: it is a compliance obligation, non-compliance with which results in substantial sanctions. This article details the applicable legal framework and good operational practices.

The legal withdrawal period: 14 calendar daysThe consumer has a period of14 calendar days

• to exercise their right of withdrawal, in accordance with article L221-18 of the Consumer Code. This period runs from:Receipt of the goods
• for contracts for the sale of goods (or of the last good in the case of staggered delivery);Conclusion of the contract

for contracts for the provision of services or the supply of non-material digital content.When the professional fails to fulfill his obligation to provide pre-contractual information on the right of withdrawal, the period is extended by12 months ⬥⬥⬥, i.e. a potential total of 12 months and 14 days. If the information is regularized during this extended period, a new period of 14 days begins again from this regularization.

The count is done in calendar days: weekends and public holidays are included. If the deadline expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

Conditions of exercise by the customer

The consumer can exercise his right of withdrawal in two ways:

1. The consumer can exercise his right of withdrawal in two ways:The standard withdrawal form
2. must be provided by the professional (attached to the Consumer Code);Any other unambiguous declaration

expressing its desire to withdraw (email, mail, online form on the merchant site).

The burden of proof of exercising the right of withdrawal falls on the consumer. It is therefore recommended that e-retailers offer an online form with automatic acknowledgment of receipt, facilitating both the customer experience and traceability.After notification, the customer has14 additional days

to return the item. The return costs are his responsibility, unless the professional agrees to cover them or has failed to inform him of this obligation.

Obligations of the seller and reimbursementThe professional must reimburse the totality of the sums paid,including standard delivery costs ⬥⬥⬥, within a maximum period of14 daysfrom the notification of withdrawal. However, it may defer this reimbursement until recovery of the goods or proof of shipment by the consumer.

Reimbursement must be made by theReimbursement must be made by thesame means of payment

as that used during the initial transaction, unless expressly agreed by the customer. Any delay exposes the seller to increases: from 10% to 50% of the amount depending on the duration of the delay (article L242-4).

Exceptions to the right of withdrawalArticle L221-28 of the Consumer Code lists several cases where the right of withdrawaldoes not apply ⬥⬥⬥:

• Goods made according to the consumer's specifications or clearly personalized;
• Goods likely to deteriorate or expire quickly;
• Unsealed products cannot be returned for hygiene reasons (opened cosmetics, underwear);
• Unsealed audio, video or software recordings;
• Newspapers, periodicals, magazines;
• Services fully executed before the end of the period with the express prior consent of the consumer.

Conclusion

Compliance with the right of withdrawal is a pillar of consumer confidence in e-commerce. Beyond the legal obligation, a clear and generous policy constitutes a real commercial argument. Document your procedures, train your customer service teams and regularly audit your T&Cs to ensure impeccable application of these provisions.