Returns and Withdrawal in eCommerce: What Does the Law Say?

We are in a period where many returns are made in both online and physical stores. It is logical, since after the Christmas sales, many users need a new size, a new model, or they simply do not want a particular product because it is not to their liking.

 

That is why we decided to write this article about returns and withdrawal, to clarify doubts, understand the extent of the law, and which cases are not covered.

It is a fundamental right of the buyer, which allows them to cancel and return a purchase, within the period of 14 days following it.

 

Article 16 of EU Directive 2011/83 is very clear in this respect.

 

It states that the merchant is obligated to refund the full amount paid by the buyer (including shipping costs). Moreover, this must be done without delay or with the minimum possible, in any case, always before 14 days have elapsed since the eCommerce has been informed of the consumer's unequivocal decision to withdraw from the purchase.

 

In order to do this, logically, we must establish and facilitate the means to allow both communication (typically through an online form with acknowledgment of receipt) and the actual return of the product.

Well, we have already mentioned that the obligation of the eCommerce is to refund the entire amount, including shipping costs, and that this must be done as quickly as possible, avoiding any unjustified delay.

 

As for the means by which the refund is made, unless another formula has been specified beforehand, it must be the one with which the purchase was originally made. In any case, the customer will never incur an additional cost to that which their original order had.

Next, we will look at the different cases in which the customer of the eCommerce will incur cost.

 

If the customer has chosen a delivery option different from the cheapest, you are not obligated to satisfy that extra amount. That is: if you have a standard delivery and an express delivery with a surcharge, for the purposes of the return, it will always count as the cost of a standard delivery, regardless of what the customer originally chose when placing the order.

 

It will be the buyer who must bear the direct cost of the return, except in the case that the seller has expressly agreed to bear these costs within their return policy and has properly informed the customer of this.

 

Another delicate matter is the decrease in value of the returned product. The law, in this regard, provides that the buyer will only be responsible for the loss in value of the product that occurs due to handling different from what is strictly necessary to verify its nature and correct operation.

 

We must clearly inform of this detail, because otherwise, we will not be able to claim any amount in terms of loss of value.

As with any law, there are exceptions. Therefore, products like those we will detail below, will be outside the return policy and withdrawal in eCommerce:

 

• Those goods whose price depends on fluctuations in the financial market, which the entrepreneur cannot control. This is because it is understood that there can be a significant - even total - depreciation within the 14-day withdrawal period set by the law.

 

Both European and national e-commerce laws are quite extensive, but we hope this post has served as a reference to give you a global idea of how returns and withdrawal work in eCommerce. 

In the case of a very specific circumstance, we always recommend consulting the current legislation in detail and, in cases that require it due to their complexity, seeking the assistance of a specialized lawyer.