Right of withdrawal

What the right of withdrawal means

The right of withdrawal lets consumers cancel a distance contract within 14 days without giving a reason. It applies to orders placed in an online shop, by telephone or from a catalogue, so wherever the customer did not hold the goods before buying. The period does not start with the order but with receipt of the goods. If the shop does not inform about it properly, the period extends to one year and 14 days.

Withdrawal needs no reason but an unambiguous statement. Returning the goods without a word now counts as a withdrawal when no other statement exists.

Exceptions that shape the daily work

Not everything can be returned. Sealed goods that cannot be taken back for health or hygiene reasons are excluded once the seal is broken. The same applies to goods made to customer specification, to goods that spoil quickly and to digital content whose execution the customer explicitly requested before the period ended. This list has to be read case by case. A blanket exclusion in the shop does not survive it.

What the shop has to organise

• Notice in text form: it belongs in the order process and has to be reachable before the order is placed.
• Return costs: anyone putting them on the customer has to say so in the notice. Without that sentence the retailer carries them.
• Refund: the refund is due within 14 days. It can be withheld until the goods are returned or the return is proven.
• Evidence: without a documented arrival of the goods, a dispute about the return and its condition cannot be argued.

Frequent questions

• Does it apply to B2B as well? No, it is reserved for consumers. In business trade only a contractual return clause helps.
• May I demand the original packaging? No. Making it a condition is not permitted. Inspecting the goods is allowed.
• What about damaged goods? The retailer carries the transport risk of the return, and the customer is liable only for a loss in value caused by handling beyond inspection.