A consumer who has concluded a distance or off-premises contract, on an e-shop for example, has a withdrawal period that allows him to change his mind and withdraw from this contract without having to justify his choice.
This option is provided for by law, so e-shops cannot escape it. You will find in this note the main information about this right of withdrawal and the obligations to which you are subject as an online seller.
1. Information to be provided to consumers
The consumer must be aware of the existence (or absence, in the cases provided for by law) of his right of withdrawal and the way in which he can exercise it.
It is very important to meet these requirements. If the consumer is not properly informed of the existence of a right of withdrawal, this withdrawal period will be extended by 12 months from the end of the initial period of 14 days. If you provide the consumer with the relevant information within this 12-month period, then the withdrawal period will expire at the end of a period of 14 days from the day on which the consumer received this information.
For more information on the mandatory information to mention on your e-shop, click here.
2. The exercise of the right of withdrawal by the consumer
2.1. How should he exercise his right?
The consumer must inform you of his wish before the expiry of the deadline. He must do so unambiguously, by means of his choice: letter, telephone call or return of the property with explicit declaration.
You can also make available to consumers a form to fill out online. In this case, you will have to send an acknowledgment of receipt on a durable medium, by email for example.
2.2. In what time frame?
The consumer can make use of his right of withdrawal for 14 calendar days.
If it is a service contract, the service can be provided before the end of the withdrawal period but it then requires the express consent of the consumer. The consumer does not lose his right of withdrawal but could be required to pay the amount proportional to the service already provided.
2.3. When does this period begin?
If the contract is a contract for the delivery of goods, the period begins on the day on which the consumer, or another person designated by him, takes physical possession of the goods.
If the contract is a service contract, the day on which the contract is concluded counts.
2.4. Are all goods and services affected?
No. The Code of Economic Law contains a list of 14 contracts that are excluded from the benefit of the right of withdrawal. This applies in particular to services already performed, personalised goods, goods that expire rapidly or digital content not supplied on a digital medium.
The full list can be found here.
3. Refund
3.1. What do I need to refund?
If the consumer makes proper use of his right of withdrawal, you will have to reimburse him for the payments you have received, including the standard delivery costs.
3.2. In what time frame?
The refund must be made without undue delay and at the latest within 14 days of the day on which you were informed of the consumer’s decision.
3.3. Return of the purchased good
In the context of a sales contract, you can defer the refund either until the goods have been recovered or until the consumer has provided you with proof of dispatch of the goods, the date chosen being that of the first of these facts.
The consumer must return the goods to you without undue delay and at the latest within fourteen days of his decision to withdraw.
In order to be able to retract, the consumer must have used the goods only to establish their nature, characteristics and proper functioning. Beyond that, the consumer will have to compensate for the depreciation of the good and the decrease in value suffered by the good as a result.
3.4. How do I get a refund?
In principle, you must reimburse the consumer using the same means of payment that he used.
4. Where can I find these rules?
The right of withdrawal is governed by Articles VI.47 to VI.53 of the Code of Economic Law. You can find them here.
