Right of withdrawal and webshops: what are my rights?

Right of withdrawal and webshops: what are my rights?

 “Exchanging or returning Solden is not possible!”: You have undoubtedly come across this online, but is this correct? Or can I also revoke and return my online purchase? And do I have to accept a voucher?

You may also notice lately that you are more likely to return to online shopping. Especially now that fun shopping in physical stores is a memory of times long gone, the impact of online retail cannot be underestimated. But do you know your rights? What if you made an expensive impulse purchase that you later regretted? Test your prior knowledge with the (fictional) examples below.

• Jan buys a new TV online, but he changes his mind. Jan reads on the website that items in sales cannot be returned due to "end of collection". Is Jan unlucky?
• Good friend Pol thinks that Jan better buy a TV in "a real shop". On presentation of the receipt, Jan had received his money back. Is Pol right?
• After a lot of e-mailing back and forth, Jan is able to return his TV. In the meantime, Jan has already removed the TV from the packaging. Pol informs Jan that he can save himself the trouble. Now that the box is no longer intact,
• Jan will never see his money back. Is this correct?

We are happy to discuss this with you, based on your situation as a consumer. Please note: the rules are different for purchasing companies.

First of all, it is important to distinguish between online purchases and purchases from a physical store. A purchase is a purchase, you say? No, not legally. The key concept here is the “distance contract”.

Online sales

Thanks to the European Union, you have the right within the EU to return your purchases during 14 days after delivery. This is the 'right of withdrawal'. You do not need to provide a specific reason for this. After all, you bought the item online, so you didn't have the same experience as when you were in a physical store. You could not see, touch, try on the article in real life, etc. Hence this legal protection: the 14-day period applies as a reflection period.

How do I return?

The company has a duty to inform you about the right of withdrawal. It can offer a standard form, but as a consumer you are not obliged to use this standard form.

But what if the entrepreneur does not say a word about the right of withdrawal?

The law is clear: then you have an extra 12 months on top of the 14-day period. Attention, the law is stirring here! A company that does not provide information about the right of withdrawal will probably not provide information about the extension by 12 months.

If you want to validly exercise your right of withdrawal, you must be able to prove two things.

• Firstly, that you invoked the right of withdrawal in good time ('timely' is the 14-day term)
• Secondly, that you returned the goods on time ('timely' is up to 14 days after the withdrawal)

Example: you exercise your right of withdrawal. Due to an unexpected strike, your letter will not reach the company until after the 14-day period. This is not a problem as long as you can prove that you sent the letter on time.

It's all about the money

As for the fee, it's pretty simple. The company will refund you as if you never made the purchase. In concrete terms, you will therefore receive the purchase amount and the delivery costs. The return costs, on the other hand, remain for your own account.

• Example: your purchase is € 10.00 + € 2.95 delivery cost. Returns also cost € 2.95. You are entitled to €12.95. You bear the return cost of € 2.95 yourself.
• Example: the delivery cost is €1.95; express delivery costs € 3.95. The company only has to reimburse the standard delivery cost, express delivery at the customer's request is at the customer's expense.
• Example: your purchase amounts to € 150.00 + € 2.95 delivery cost + € 5 because you choose 'afterpay'. You are entitled to € 152.95. The choice for afterpay is an additional cost, and therefore for your own account.

Attention: not every webshop charges the return costs, sometimes they also take it for their own account. However, this is a commercial favor and not a right.

In addition, the refund is made “in the same payment method” as the purchase. For example, if you did not pay with a gift voucher, then the refund cannot be arranged via a gift voucher!

I already took it out of the box, now what?

It is a misunderstanding that the packaging must be intact in order to be able to return it properly. The clause "opening the package leads to the loss of your right of withdrawal" is therefore null and void!

It's a different story when you not only opened the package, but put it to good use. Your right of withdrawal remains valid, so you can still return the good. However, there is an important side note: the entrepreneur can charge a usage fee.

The distinction between the two situations is sometimes vague.

Exceptions

The law would not be the law without exceptions. Article VI.53 WER (Economic Law Code) lists all exceptions. Hygiene reasons, perishable goods and custom-made goods are the main cases.

For this, the seller can exclude the right of return:

1. service contracts after full performance of the service if the performance has started with the express prior consent of the consumer, and provided the consumer has acknowledged that he will lose his right of withdrawal as soon as the company has fully performed the agreement;
2. the delivery or provision of goods or services whose price is subject to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;
3. the delivery of goods manufactured according to the consumer's specifications, or which are clearly intended for a specific person;
4. the supply of goods that spoil quickly or with a limited shelf life;
5. the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
6. the delivery of goods that are irrevocably mixed with other products after delivery by their nature;
7. the supply of alcoholic beverages, the price of which is agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
8. agreements whereby the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance; if, however, the company provides additional services during such visit that the consumer has not expressly requested, or supplies goods other than spare parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal for those additional services or goods from application;
9. the delivery of sealed audio and sealed video recordings and sealed computer software, the seal of which has been broken after delivery;
10. the supply of newspapers, periodicals or magazines, with the exception of contracts for a subscription to such publications;
11. agreements concluded during a public auction;
12. the provision of accommodation other than for residential purposes, [2 transport]2, car rental services, catering and services related to leisure activities, if a specific date or period of performance is provided for in the agreements;
13. the delivery of digital content that is not supplied on a tangible medium, if the execution has started with the express prior consent of the consumer and provided the consumer has acknowledged that he loses his right of withdrawal;
14. the contracts for services for betting and lotteries.

As an exception to the exception (will you follow?), the contract may deviate in favor of the consumer. It is not allowed to deviate to the detriment of the consumer! In other words: in any situation that does not fall under article VI.53 WER, you as a consumer have the right to return.
If you nevertheless fall under a legal exception and therefore do not have a right of withdrawal, the entrepreneur must inform you about this. Unfortunately, the legislator does not provide for a sanction.

The physical store

If you make your purchase in a physical store, you are not covered by the European protection rules. A shop can grant you a return period as a commercial favor, but it is not obliged to do so.

Entrepreneur, make a virtue of necessity

As an entrepreneur, you also benefit from a well-functioning return policy. Although the European right of withdrawal is very consumer-friendly, you can also benefit from it. After all, a smooth return experience is part of a good service. Doubting customers can win you over. If the item is not to your liking, but the customer can easily return it, this will not deter him from buying from your company. That way you can distinguish yourself from your competitors.