Right of withdrawal and returns

When you buy goods or services online as a consumer, you have a statutory right to cancel your purchase within 14 working days. You can return the goods without giving a reason and without incurring any penalty for breach of contract. The cancellation period begins when you receive the goods or, for services, when you enter into the contract.

If the trader does not inform the consumer of their right to cancel, the cancellation period expires 12 months after the end of the original cancellation period.

The consumer must pay the return costs incurred when exercising the right of withdrawal. The seller must state this in the terms and conditions of purchase.

If you choose to exercise your right of withdrawal, the seller must refund the amount without undue delay and no later than 14 days after being notified of your decision. The only cost you may be required to pay when exercising your right of withdrawal is the direct cost of returning the goods.

Please note that the directive's right of withdrawal rules generally allow customers to return defective goods. The requirement for consumers to return goods in substantially unchanged condition has been removed.

Examples of goods and services that are exempt from the right of withdrawal include:

• goods which, due to their nature, cannot be returned or which deteriorate quickly or become out of date (for example, food)
• goods made to the consumer's specifications or clearly personalised
• gambling and lottery services
• newspapers and magazines
• audio or video recordings or computer software (once the seal has been broken)
• a service that has commenced with the consumer's consent or has been used before the end of the cancellation period (for example, a streaming service subscription)
• food, beverages or other everyday goods delivered regularly by distributors to the consumer's home or workplace
• services related to accommodation, transport, catering or similar.

The seller must provide the consumer with goods that are free from defects. This means that the seller is liable if goods or services are defective when supplied to the consumer.

A defect in a product that becomes apparent within six months of delivery is deemed to have existed at the time of delivery unless the seller can prove otherwise. This does not apply if it is incompatible with the nature of the product or service.

If the goods are defective, the customer is entitled to return them free of charge. The seller must remedy the defect by repairing or replacing the product, offering a price reduction, or cancelling the contract and refunding the purchase price.

The seller's obligations are only the minimum requirements under EU regulations. Each country has the right to introduce stricter consumer protection requirements.

In the EU/EEA, consumers have a statutory right to make a claim for defects in a product for up to two years after delivery. In some countries, customers have a statutory right to make a claim for a longer period (for example, three years in Sweden and five years in Norway). You should check which rules apply in each country where you are considering setting up an online shop.

Sellers often voluntarily provide warranties covering any defects that arise within a certain period, as this can offer a competitive advantage.

To avoid misleading consumers, sellers must inform them that the guarantee does not affect their statutory rights. Consumers have a statutory right to complain about defects in a product for two years after purchase. A shorter guarantee period can never replace this right.

A guarantee is binding on the guarantor under the terms set out in the guarantee statement and associated advertising. The scope of the guarantee must be clear. This applies in particular to its duration and geographical coverage, the information you need to provide to make a claim under the guarantee, and the guarantor's name and address. If you request it, the guarantee must be made available to you in writing.