14 days to withdraw

Have you purchased goods and services from the website of a seller based in another European country? If you are unhappy with your order, you can change your mind within at least 14 days: this is called the right of withdrawal, or cooling off.

What is the right of withdrawal?

The right of withdrawal is a period during which you can cancel an online purchase, even if you have already paid. Before concluding a contract, the seller must inform you of the existence of the right to withdraw and its limits, or of the absence of a right to withdraw.

Purchase online or at a distance: you can change your mind

Thanks to the European directive 2011/83, you have at least a 14-day right of withdrawal following online or distance purchases. It concerns purchases made:

  • on the Internet,
  • by mail order,
  • during door-to-door sales,
  • through teleshopping,
  • outside the establishment of the seller (during a door-to-door selling, at the workplace, in a community centre, during organised excursions, etc.).
  • in a shop following an invitation from the retailer to visit the premises.

Purchase in a shop, at a fair or exhibition: no withdrawal!

  • Any purchase made in a shop in Europe is, in principle, firm and final (except in Lithuania, which grants a right of withdrawal of 14 days even for purchases in shops). Therefore, in principle, you cannot cancel your purchase unless you pay a cancellation fee. In practice, many retailers offer as a commercial gesture the possibility of exchanging and/or refunding the item within a certain period of time. Before buying, check with the shop owner.
  • If you buy a product at a fair or exhibition in France, you will not be able to give it back free of charge either. A fair or exhibition is considered to be a "commercial establishment" of the seller or service provider within the meaning of European Union law, so it is as if you were buying in a shop.

Good to know: According to the Court of Justice of the European Union (judgement of 7 August 2018), a stand run by a trader a few days a year at a trade fair is a "business establishment" under the condition that the appearance of the stand and the information relayed at the fair conveys a reasonable expectation that the seller would be inclined to sell their products or services .

Do I have a right of withdrawal for any purchase?

No. In principle, you only have a right of withdrawal for purchases made at a distance and outside the shop (see above)

But even at a distance, you do not always have a right of withdrawal. This is the case for:

  • Seasonal housing for non-residential purposes, transporting goods, renting cars, catering or services related to leisure activities if the contract includes a specific date or period of execution (ex. trips, plane tickets, concerts...);
  • Emergency maintenance or repair work you have expressly ordered;

Digital content and services

If you would like to have immediate access to the service, the trader must expressly ask you to waive your right of withdrawal and give your consent for the service to begin before the 14-day period has expired. In practice, the trader will obtain your agreement by ticking a box. If the box provided for this purpose is pre-ticked or if the professional has not obtained your agreement, and if you subsequently exercise your right of withdrawal, you will not, in principle, owe any money.

Examples:

  • Online purchase of software to download
  • Subscriptions to a dating site with immediate access to the service
  • Subscription to a legal streaming platform
  • Subscription to a pay channel or pay-per-view service (e.g. purchase of a programme broadcasting a live football match or motorbike race on a special channel)
  • In-app purchases
  • Video games ordered from an online game console store

For specific goods, you do not have a right to withdrawal either:

  • custom-order or personalised items (ex. engraved jewelry, photo album);
  • goods that spoil or perish quickly;
  • goods which have been unsealed after delivery by you and which cannot be returned for reasons of hygiene or health protection;
  • sealed audio or visual recordings, or software that has been unsealed after delivery.

 

Distance financial services: 10 to 30 days to change your mind

Since the European directive 2002/65/CE of 23 September 2002 concerning the distance marketing of financial services, you have, depending on the type of financial service you are subscribed to, a right of reflection or withdrawal from 10 to 30 days.

The following are considered "financial services":

  • online banking,
  • consumer credit,
  • some types of insurance,
  • investments ...

Attention: You do not have a right of withdrawal for financial services whose "price depends on fluctuations in the financial market that are likely to occur during the period of withdrawal" or whose "terms have been fully respected by both parties" (e.g. you cannot withdraw from travel insurance if you have already travelled).

Can I change my mind during sales?

You benefit from a right of withdrawal even with products on sale, second-hand or out of stock, provided that it is a remote or off-store purchase. For sales in shops, ask the shop owner. More information on sales.

Good to know: Even for purchases of goods on sale, if something is wrong with the item you received that was not clearly visible at the time of purchase, you benefit from a legal guarantee of conformity.

How long is the withdrawal period?

Throughout the EU, you normally have a minimum of 14 days to change your mind about your purchase. Your seller can offer a longer period but not a shorter one (otherwise it is an unfair term).

This period is extended by 1 year from the expiry of the initial 14-day period if you have not been informed of the right to withdrawal by your seller. In the meantime, if the seller informs you of your right to withdrawal, the period expires 14 days following the notice.

The cooling off period begins the following day:

  • of the delivery of the goods;
  • the conclusion of the contract for the provision of services  and contracts for the supply of water, gas, electricity or digital content.

When multiple goods are ordered in one order but are delivered separately, the withdrawal period expires after 14 days from the day on which you acquired physical possession of the last good. 

If this period expires on a Saturday, Sunday or holiday, you have until the next business day.

Good to know

Under French law, you can only exercise your right of withdrawal once you have received the goods purchased online. The cooling off right is meant to allow you to check whether the goods meet your expectations. Although some sellers may accept that you withdraw from your order before delivery in order to avoid unnecessary delivery costs and transport risks, they are not obliged to do so.

How can I exercise my right of withdrawal?

The seller should inform you about the existence, conditions, period and modalities for exercising your right of withdrawal and provide you with a model withdrawal form.

You do not have to justify yourself to the seller but you must inform the seller of your decision to withdraw.

  • Contact your seller in writing and keep a copy. Use the withdrawal form provided or write a clear message about your wish to withdraw. Prefer registered letters or e-mails with acknowledgement of receipt because in the event of a dispute you must be able to prove that you have withdrawn within the time limit.

Good to know: simply returning the good without a declaration or refusing delivery is not sufficient to express your wish to withdraw. Nevertheless; some sellers accept this so be sure to check the general terms and conditions.

  • Return your order within 14 days maximum, if the professional does not offer to pick it up. You must make sure you send the item to the right address. In some cases, the return address is not the same as the one from which the package came. If you are not sure, check the general conditions of sale or ask the seller for the procedure (return address, return reference, etc.). Check if they provided you with a return label. In all cases, the items must be carefully packed. It is possible to use the original packaging if it is solid and still in good condition, but this is not mandatory. Do not hesitate to take pictures of both the good and the package before sealing and mailing it.

Advice

If you received your order in several packages and the seller gives you return slips for each one, respect this order so that the returns centre can register the returns correctly. Do not put all the products in one parcel!

Who pays the shipping fees?

The European Directive on consumer rights establishes that the consumer may have to pay the return shipping costs in case of withdrawal. If you were not informed of your obligation to cover the return shipping costs in advance, the seller is responsible for paying the fees.

For off-premises contracts, where the goods are delivered to the consumer's home, the trader shall collect the goods at his own expense if they cannot be sent back by post in the normal way.

How much does the seller have to reimburse me?

The seller is obliged to reimburse you for the full amount you have paid, including standard delivery charges (unless you have chosen a more expensive method of delivery, such as express delivery).

If you return only part of your order, you will be refunded the price of goods returned + delivery fees in proportion to the number of items returned.

How long does the seller have to pay me back?

The seller must reimburse you no more than 14 days after being informed of your decision to withdraw. If the seller is retrieving the item, they may delay the reimbursement until the item is picked up, or until they receive proof that you have sent the item back.

In case of late reimbursement, if French law applies to your contract, you can request interests according to a specific scale.

What is the method of payment for reimbursement?

The seller should reimburse you through the same payment method you used for the purchase unless you agree to a different method which does not result in additional fees. So if you paid by credit card, the seller cannot, in principle, reimburse you by check or voucher/credit on your customer account.

Can the seller only refund me partially if I have used the good or service?

For services which have begun with your agreement before the expiry of the right of withdrawal, if you still wish to change your mind, you must pay the seller an amount corresponding to the service provided until you decide to withdraw. This amount shall be proportionate to the total price of the service. If the total price is excessive, the amount shall be calculated on the basis of the market value of what has been provided.

Good to know: if the trader has not obtained your prior consent to the execution of the contract before the end of the withdrawal period as well as the proof of you giving up your right of withdrawal, no money shall be due.

If you purchase goods, you have the right to examine them under conditions comparable to those in a store. So you do not have the right, for example, to wear a dress one evening or to watch the World Cup on a new video projector and send it back the next day. On the other hand, the seller cannot oppose you a depreciation of the item if you have only tried it to make sure of its size, its good working,  etc.

Have you placed an order on a marketplace and are unable to identify the seller?

To prevent this, the European Digital Service Act (DSA) requires platforms targeting European consumers to verify professional sellers before displaying ads.

If you can't reach a seller or provider through the marketplace, we recommend contacting the marketplace directly for their details. If the marketplace declines, feel free to contact us.

Platforms to which the DSA applies and that don’t verify professional sellers before posting ads risk fines of up to 6% of their global annual revenue.

 

Who can help me in case of a complaint against a European seller?

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.