The legal obligations of the right of withdrawal

When a consumer makes remote purchases, they have a right of withdrawal. Which means that the consumer has at least 14 days to change their mind without having to provide a reason. This right applies to purchases via the internet, by telephone, by post (printed catalogs for example) or by fax. The right of withdrawal also applies if the product is on sale, second-hand or out of stock.

If the consumer asserts this right, the company is obliged to reimburse the goods or services ordered.

Purchases not affected by the right of withdrawal:

However, certain purchases are not affected by the right of withdrawal such as:

• Goods and services whose price may vary depending on financial market rates during the withdrawal period.
• Goods made on request or personalised whose manufacturing adapts to specific needs such as, for example, tailor-made clothing. Personalisation of the color or finish of a product does not fall into this exception. In fact, customisations do not sufficiently modify the nature or destination of the good to make them clearly personal.
• Goods that deteriorate or perish quickly, except food products with a date of minimum durability (DMD).
• Goods opened and non-returnable for reasons of hygiene or health protection (for example cosmetic products under lid).
• Goods that are inseparable from other items.
• Digital content provided on an intangible medium and the subscription to these media whose execution began with the agreement of the consumer who waived his right of withdrawal by accepting the conditions of use (for example a film downloaded).
• Supplies of alcoholic beverages whose delivery is deferred beyond 30 days and whose value will depend on financial market rates (for example fine wines which are reserved before the harvest).
• CDs, DVDs or computer software that has been opened.
• Supplies of newspapers, periodicals or even magazines, except in the case where it is a subscription contract.
• Urgent maintenance or repair work carried out in a home and at the request of the consumer within the limit of spare parts or installation necessary for the strict repair. Therefore, replacements of equipment unrelated to the repair are subject to the right of withdrawal.
• The sale of goods that have been concluded at public auction.
• Accommodation, transport of goods, car rental, catering or leisure activity services provided on a specific date or over a defined period.

How to exercise your right of withdrawal?

Returning a product or refusing to take delivery without declaration is not sufficient to express the desire to withdraw. It is therefore necessary, before the withdrawal period, to send to the seller either a withdrawal form provided by the contract, or another writing which expresses the desire to withdraw.

The professional cannot require special conditions such as, for example, a letter with acknowledgment of receipt. However, you must be able to prove the use of your right of withdrawal within the allotted time frame.

Once the right of withdrawal has been exercised, the professional must reimburse all sums paid by the consumer, delivery costs included. He must also terminate contracts ancillary to the main contract (e.g. insurance contract and credit contract). The consumer must return the product(s).