The right of withdrawal also applies to opened bottles of expensive perfume

The right of withdrawal also applies when a consumer opens expensive perfume bottles to test the scent: the store must refund the money, notwithstanding any general terms and conditions to the contrary. This is because a consumer is allowed to try out a product purchased online to the same extent as in a store and is not liable for any decrease in value resulting from such testing. Below, you can read what this means for webshops and how to prevent problems.

What is the right of withdrawal?

If you sell online to consumers, you must take the right of withdrawal into account. This right protects consumers against a bad purchase: unlike in a store, they cannot inspect, try, or compare the product beforehand. Therefore, the consumer may return a product purchased online within the statutory cooling-off period (in principle fourteen days) without giving a reason.

There are a few exceptions to this main rule, for example:

• products that cannot be returned for hygiene or health reasons (think of used lipstick or a used toothbrush);
• custom products.

The perfume shop: right of withdrawal for opened bottles

A court case demonstrates just how far the right of withdrawal can extend. A man purchased two bottles of perfume worth 476 euros. After delivery, he opened them to test the scent, found he did not like it, and returned the bottles. The store refused the return: according to its own terms and conditions, opened perfume bottles are not accepted back, and the right of withdrawal would therefore have lapsed. The store sent the bottles back to the customer and refused a refund.

The subdistrict court judge thought otherwise. The customer was allowed to open the bottles to test the scent. After all, in a physical store there are also unpackaged bottles with which customers can try the scent — the online buyer should have the same opportunity.

The fact that the store could no longer sell the opened bottles was irrelevant: the consumer is not liable for the reduction in value resulting from testing the product.

The store had to refund the money. The customer had to return the bottles, and the store also had to pay an additional 345 euros as a contribution to the legal costs.

The solution: send testers along

The store could have prevented many problems by including testers. The customer could then have tried the fragrance with a tester and returned the unopened bottle. According to the subdistrict court judge, the store would have been right in that case if the customer had opened the packaging after all.

Testers are therefore doubly valuable: they prevent disputes over returns and can win customers over. This applies not only to perfume, but also to other cosmetics.

General terms and conditions cannot exclude the right of withdrawal

The right of withdrawal is a mandatory consumer right. You cannot simply deviate from it, not even in your general terms and conditions. A provision stating that opened products will not be taken back therefore does not hold up against a consumer. It is therefore important for entrepreneurs to be well-versed in consumer regulations and to have their general terms and conditions drafted by an expert.

Frequently Asked Questions

Can a consumer return an opened product?

Often, yes. The consumer may try out the product to the same extent as in a store. The right of withdrawal may be limited only in the case of specific exceptions (such as hygiene products or custom-made items).

Can I exclude the right of withdrawal in my general terms and conditions?

No. The right of withdrawal is mandatory law; a deviating provision in the general terms and conditions is not valid against a consumer.

Am I, as a consumer, liable for depreciation in value due to testing?

Not for normal testing (such as testing a scent). However, a consumer may be liable for a decrease in value due to use that goes beyond what is necessary to assess the product.

How do I avoid return disputes with perfume and cosmetics?

Send along testers so the customer can evaluate the product without opening the sales packaging. If the packaging is opened after all, you will be in a stronger position.

Want to properly manage your webshop and consumer law?

The right of withdrawal and other consumer regulations require careful attention. An incorrect clause in your terms and conditions or procedures can cost you money. Therefore, have your general terms and conditions and return policy reviewed or drafted by a specialist.

Our commercial law are happy to assist you. Schedule a no-obligation intake consultation.