A customer is abusing the right of withdrawal: what to do

It is one of the frustrations most widely shared by online retailers: the customer who orders a dress for a party, wears it, then withdraws; the one who sends back a device that has clearly been used; or the one who withdraws on every other order. The right of withdrawal is exercised without giving a reason, but that does not mean without limits. Here is what you can do, and what you cannot.

What you may NOT do

Let us be clear about the false good ideas, because they expose you more than they protect you:

• You cannot refuse a withdrawal on the grounds that the customer "has already made several". Exercising a legal right, even often, is not a fault.
• You cannot block or 'blacklist' a customer for having exercised it.
• You cannot impose penalty fees or make the refund conditional on a justification.

What you MAY do

The law gives you several genuine levers, provided you use them correctly.

1. Deduct the depreciation. The customer has the right to try the product as they would in a shop, not to use it. If it comes back depreciated by handling that goes beyond trying it (a garment worn and washed, a scratched device, a sealed package opened for no reason), you may withhold a sum corresponding to that depreciation from the refund. An essential condition: you must have informed the customer of their right of withdrawal from the outset. This is your best weapon against "wardrobing".

2. Rely on the exceptions. Certain products are excluded from the right of withdrawal (Directive 2011/83/EU, art. 16): goods made to measure or personalised, sealed goods unsealed for reasons of hygiene, digital content supplied with express consent, and so on. If your catalogue lends itself to it, these exceptions mechanically limit abuse. To be handled with rigour: an exception applied wrongly is itself a non-compliance.

3. Document. Photograph the condition of returns, keep proof of depreciation, date each request. In the event of a dispute over a partial refund, it is you who will have to justify the amount withheld.

The right frame of mind

The right of withdrawal is not a loophole to be plugged, it is a rule of the game. A minority of customers abuse it; the answer is not to defy the law for those few cases, but to handle withdrawals cleanly (deadlines under control, depreciation justified, exceptions properly applied) while reducing the uncertainty that generates returns.

And it all starts with receiving each request in a dated and traceable way: that is the role of the withdrawal button, mandatory since 19 June 2026. Are you concerned?

This article is general information and does not constitute legal advice. For the exact wording, refer to the Consumer Rights Directive (2011/83/EU) and its national transpositions.