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If a consumer invokes their right of withdrawal and returns the product, they must be able to prove that they returned it in a timely and correct manner. The consumer therefore bears, in principle, the burden of proof — and the risk — of the return shipment, even if the package gets lost in transit.
The right of withdrawal in brief
In principle, a consumer may revoke and return an online purchase within fourteen days. If they return the product on time and undamaged, you, as a webshop, must refund the purchase amount. But what if the package never arrives?
Who has to prove the shipment?
It is up to the consumer to prove that he returned the product in a timely and correct manner. If he claims to have returned the product but nothing arrives, he must prove this — for example, with proof of shipment and track and trace. In principle, you are not required to issue a refund without proof of shipment.
The risk of the return shipment
In principle, the consumer bears the risk of the return: if the package is lost in transit, this is in principle at his expense, provided you have informed him correctly. Therefore, registered or traceable shipping is in his own interest.
What does this mean for your webshop?
Clearly inform consumers how and within what timeframe they must return items, and that proof of shipment is required. Stipulate this in your terms and conditions and on your returns page. This will prevent disputes regarding lost returns.
Frequently Asked Questions
Do I have to issue a refund if a return never arrives?
In principle, only if the consumer proves that they returned the item on time and correctly. Without proof of shipment, you are not required to issue a refund.
Who bears the risk of the return shipment?
In principle, the consumer, provided you have informed him correctly. A traceable shipment is in his own interest.
How do I avoid disputes about returns?
Clearly state the return procedure and the required proof of shipment, and stipulate this in your terms and conditions.
Are your return and webshop terms and conditions in order?
Our legal experts incorporate a comprehensive return policy into your general terms and conditions and perform a legal scan of your webshop. Schedule a free consultation.
