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If a consumer revokes a purchase made online or in-store, you must refund the full purchase amount, including the outbound shipping costs — but the costs and risks of returning the item lie with the consumer. If a return shipment is lost, the consumer bears the loss. Below, you can read when you must issue a refund, what exceptions apply, and why clear terms and conditions are essential.
Right of withdrawal for consumers
Consumers may withdraw from online purchases and other off-store purchases (such as by telephone or at the door) within 14 days without giving a reason. You must then refund the full purchase amount, including the original shipping costs. However, this is subject to the condition that the product is returned in its original condition and that you have received a valid notice of withdrawal.
Important: you do not have to reimburse the costs of the return — only the initial shipping costs of the delivery to the consumer
Exceptions to the right of withdrawal
There are exceptions where no cooling-off period applies and you do not have to repay, such as:
- sealed products whose seal has been broken after delivery (for hygiene or health reasons);
- products custom-made especially for the consumer ;
- perishable goods;
- services performed on a specific date, such as concert tickets.
Provide clarity on this in your terms and conditions of sale to avoid any disputes.
Who bears the risk of a return shipment?
If a returned product does not arrive at your address, the consumer the risk. The risk passes to the consumer as soon as he receives the product, and only returns to you once you receive the return. If the shipment is lost in transit, this is therefore at the consumer's expense.
The judge confirmed this in a case in which two game consoles worth 1,000 euros were lost: the consumer should have opted for insured shipping (ECLI:NL:RBROT:2023:9697).
It is up to the consumer to provide proof of shipment and receipt by you.
Frequently Asked Questions
Do I have to refund the shipping costs in the event of a cancellation?
You will refund the purchase amount plus the original (outbound) shipping costs. The costs of returning the item are the responsibility of the consumer, provided you have clearly stated this.
Does the right of withdrawal always apply?
No. There are exceptions, such as opened sealed products, custom-made items, perishable goods, and date-sensitive services.
Who pays for a lost return shipment?
The consumer. The risk only passes to you once you have received the product. The consumer must be able to prove shipment and receipt.
When do I have to repay?
After a valid cancellation and receipt of the product in its original condition. Clearly state the time limit and conditions in your terms of sale.
Need clear terms of sale and returns?
Clear terms and conditions prevent misunderstandings and protect you. We draft terms of sale that clarify the rights and obligations of you and the consumer, and advise on disputes regarding returns and withdrawal.
View our expertise in commercial law or schedule a no-obligation intake consultation.
