When does a dispute arise regarding the right of withdrawal?
The right of withdrawal gives customers the right to dissolve a distance contract within 14 days without giving any reason. As an entrepreneur, you will encounter this as soon as a customer invokes this right — whether rightly or wrongly.
In practice, disputes concerning the right of withdrawal arise from four causes: the customer invokes the right while an exception applies; there is uncertainty as to whether the buyer acted as a consumer or a business buyer; the product has been used and the customer refuses to compensate for the decrease in value; or the customer invokes the right of withdrawal while this does not apply contractually or by law.
Who is eligible for the right of withdrawal?
The statutory right of withdrawal of 14 days applies to consumers — private individuals purchasing something for private use, not for their profession or business. In principle, the statutory right of withdrawal does not apply to business-to-business (B2B) transactions. In that case, the conditions for return are determined entirely by
mutual agreements and your general terms and conditions.
However, in practice, the distinction is not always clear. A self-employed professional who purchases a product for both business and private use may, under certain circumstances, be considered a consumer. A customer who orders commercially but does not enter a Chamber of Commerce registration number may argue that they acted as a consumer. If you have not specified who is classified as a business buyer, a dispute will arise.
In addition to the standard B2C situation, special rights of withdrawal also apply to:
Financial products such as insurance, loans, and investments. In many cases, the customer has 14 days to terminate the agreement without penalty.
Holiday contracts, timeshares, and holiday club memberships longer than one year. A
statutory cooling-off period of 14 days also applies here.
Door-to-door sales — sales at the door or on the street for more than €50. The buyer has a 14-day cooling-off period, even if they are a business buyer.
When does the right of withdrawal not apply?
The law contains a number of exceptions where the right of withdrawal lapses, regardless of whether the buyer
is a consumer. The most relevant for entrepreneurs:
Custom-made or personalized products that are made specifically for the customer and cannot be resold.
Products that spoil quickly or have a limited shelf life.
Products that cannot be returned for hygienic reasons, such as cosmetics or underwear with a broken seal.
Digital content the delivery of which has already begun with the express consent of the customer.
Services fully performed before the end of the withdrawal period, provided that the customer has given their express prior consent.
Services with a fixed date, such as hotel bookings, events, and catering.
Important: even if an exception applies, you are obliged to inform the consumer about this before concluding the agreement. If you fail to do so, the customer may still exercise the right of withdrawal.
What if a customer abuses the right of withdrawal?
Customers sometimes abuse the right of withdrawal as leverage or to use products and then return them. In those cases, you can:
Set off depreciation if the product has been visibly used — provided you have informed the customer of this in advance in your general terms and conditions.
Rejecting the right of withdrawal if a statutory exception applies and you
have correctly communicated this in advance.
Responding legally when a customer submits a return request after the withdrawal period or on an
incorrect basis.
Your duty to inform and the withdrawal button
As a seller, you are obliged to inform the customer about the right of withdrawal—or that it does not apply—before the conclusion of the agreement. If you fail to comply with this duty to inform, the period automatically extends to a maximum of 12 months after delivery.
New: as of June 19, 2026, B2C webshops are required to display a visible withdrawal button allowing customers
to easily cancel their purchase.
