Unlike purchasing a product in-store, where the consumer has the opportunity to examine the product and try it on (for example, clothing or shoes), when making a purchase online, the consumer does not have this opportunity. As a result, European Union regulations stipulate that after receiving the product, the consumer has the right to exercise the right of withdrawal.

The right of withdrawal is the consumer’s right to unilaterally withdraw from the contract within a specified period without providing any justification.

The Consumer Rights Directive provides that for distance contracts, there is a 14-day withdrawal period, which is uniform across all EU member states.

However, if the trader has not provided information about the right of withdrawal, the withdrawal period is extended to one year.

The withdrawal period starts from the day the consumer takes physical possession of the goods, or in the case of service contracts, from the day the contract is concluded.

What to consider during the withdrawal period:

Upon receiving the product, the consumer is only entitled to try it out to check its type, characteristics, and functionality, not to use it fully. The product can be tested in the same way it would be in a physical store. For example, when purchasing clothing, the consumer may try it on, but should not wear it.

How to exercise the right of withdrawal:

If, after trying the product, the consumer decides to withdraw from the purchase, they must inform the trader either by using the withdrawal form available on the trader’s website or by providing any other clear statement outlining the decision to withdraw from the product. To ensure the withdrawal period is respected, the withdrawal notice must be sent before the end of the 14-day period. Since the burden of proof for exercising the right of withdrawal is on the consumer, it is always recommended to inform the trader in writing, keeping a copy of the sent email or postal receipt.

After the consumer has informed the trader of their decision to withdraw from the product, the consumer must return the product to the trader within 14 days of sending the withdrawal notice. When returning the product to the trader, the consumer is responsible for covering the return shipping costs unless the trader has agreed to cover these costs or has not informed the consumer that these costs must be borne by them.

Trader’s obligations if the consumer exercises the right of withdrawal:

The trader must refund all payments received from the consumer (including delivery costs) no later than 14 days from the day the trader was informed of the consumer’s intention to withdraw from the product.

However, the trader may withhold the refund until either the goods are received or the consumer has at least provided confirmation that the goods have been sent back. If the goods or confirmation of their return are received after the 14-day period, the trader must refund the consumer’s payment without undue delay.

It should be noted that in some cases, the consumer may not be able to exercise the right of withdrawal for goods or services purchased online. The right of withdrawal will not apply to certain groups of goods or services, or these rights may be lost under specific circumstances.

Main exceptions to the right of withdrawal:

• Services with a specific performance date or period. For example:
  • Car rental services;
  • Hotel or vacation home bookings, cultural or sports events;
  • Theater performances on specific dates or catering services for birthday or wedding celebrations on a specific date;
  • Rent of uninhabitable premises;
  • Transport of goods;
  • Catering services.
• Delivery of goods that may spoil quickly or have a short shelf life. For example, food and beverages with a short expiry date, including products that must be kept refrigerated.
• Delivery of sealed goods that are not suitable for return for health or hygiene reasons and have been opened after delivery. For example, if the consumer opens a cosmetics package, such as lipstick, after delivery.
• The right of withdrawal does not apply to sealed data carriers (CDs, DVDs, etc.) if the consumer has opened them after delivery.
• Delivery of newspapers, periodicals, and magazines, except for subscription contracts for the purchase of such publications.

Other exceptions to the right of withdrawal:

• Delivery of goods made to the consumer’s specifications or clearly personalized. This refers to goods that are not pre-made and are produced based on the customer’s individual choice or decision. For example, custom-made curtains.
• Delivery of goods that are, by their nature, inseparably mixed with other items after delivery. For example, fuel.
• Delivery of goods or services whose price depends on fluctuations in the financial market that the trader cannot control and which may arise during the withdrawal period.
• Contracts concluded in a public auction. However, online auctions that cannot be attended in person are not considered public auctions, so the right of withdrawal applies to online auctions (provided the consumer made the purchase from a trader conducting business within their commercial, business, craft, or professional activities).
• Contracts where the consumer specifically requested the trader’s presence for urgent repairs or technical maintenance.

Service contracts:

For service contracts, the consumer loses the right of withdrawal after the service has been fully provided, if the performance has begun with the consumer’s prior express consent and acknowledgment that they will lose their right of withdrawal once the trader has fully performed the contract.

Digital content products:

The consumer loses the right of withdrawal for digital content products (not provided on a physical medium) as soon as the contract performance starts with their consent, such as when a video or audio file download or streaming begins, and if they have acknowledged that they will lose this right beforehand.