The 13 exceptions to the right of withdrawal (Directive 2011/83/EU, art. 16)

The obligation of 19 June 2026 does not apply to every contract concluded at a distance. Article 16 of the Consumer Rights Directive (2011/83/EU) sets out thirteen situations in which the right of withdrawal is excluded (a regime harmonised across the 27 EU member states; in Ireland, transposed by S.I. No. 484/2013), and therefore in which the button does not have to be offered. It is the first question an online retailer asks when told about the new obligation: am I concerned, or do I fall within an exception?

In the vast majority of cases, the answer is that you are concerned. The exceptions are exhaustive, the article lists them in full, and any broad interpretation is, in practice, held to be contrary to the text. Here is the detail of the cases and, above all, the classic pitfalls.

A method rule above all

Consumer law protects the consumer. When a text defines exceptions to a right it grants, those exceptions are construed strictly: they are applied exactly on the conditions provided for, never by analogy.

If your activity resembles an exception without meeting all its criteria, you are concerned. Where in doubt, assume the button must be available, except in a case that is explicitly listed and documented.

The most frequent exceptions in e-commerce

1. Goods made to measure

The customer places an order for goods manufactured to their specifications, or clearly personalised: bespoke furniture, personalised engraving, a tailored suit. Once manufacture has begun, withdrawal no longer makes sense: the goods cannot be resold to anyone else.

The classic pitfall: simple personalisation by choosing options from a catalogue (colour, standard size, first-name engraving) is not regarded as manufacture to measure. An iPhone case with a printed first name remains withdrawable. For goods to be considered made to measure, there must be genuine specificity that makes the object unusable for another buyer.

2. Perishable goods or goods that pass their use-by date quickly

Fruit, vegetables, meat, fish, cut flowers, prepared meals… Anything that degrades in transit or cannot be stored for long. Withdrawal 14 days after the order is materially impossible.

The classic pitfall: tinned goods, dry products, food supplements in tubs are not perishable goods within the meaning of the text. A tub of spirulina keeps for a year and remains withdrawable.

3. Digital content downloaded or streamed

The sale of an ebook, an MP3, a downloaded piece of software, streaming access consumed. But the exception only applies on two cumulative conditions:

1. The customer has expressly given their agreement for performance to begin before the end of the withdrawal period.
2. They have expressly waived their right of withdrawal.

Without this express agreement and this explicit waiver, the customer keeps their right for 14 days after the order. It is a very widespread mistake: many platforms consider that the download automatically triggers the loss of the right; that is not the case. There must be an explicit ticked box, the record of which is kept.

4. Services fully performed before the end of the withdrawal period

A plumbing job ordered online and carried out the next day. A one-off private lesson. A legal consultation. If the service is performed in full within the 14-day period, withdrawal is excluded, subject to the same condition of the consumer's express agreement as for digital content.

The classic pitfall: a subscription (weekly classes, monthly coaching, SaaS) does not fall within this exception, even if the first session has been delivered. The service is performed over time. The customer can withdraw for the remaining periods.

5. Sealed goods that cannot be returned for reasons of hygiene

Cosmetics, underwear, masks, breast pumps, toothbrushes, contact lenses… Once the original seal is opened, the goods can no longer be resold to another customer for reasons of public health. Withdrawal remains possible as long as the seal is intact.

The classic pitfall: the seal must be visible, dedicated to that function (not the mere shipping cellophane), and the hygiene ground must be real. A sticker on a toy box is not a hygiene seal.

The other exceptions, more marginal in e-commerce

The following eight cases exist in the text but concern general e-commerce less frequently. They are mentioned for the record:

6. Maintenance or repair work to be carried out urgently at the consumer's home, expressly requested by them.

7. Supply of goods whose price depends on fluctuations in the financial market beyond the trader's control (gold, currencies, certain financial products).

8. Audio recordings, video recordings, computer software sealed and unsealed after delivery.

9. Newspapers, periodicals or magazines (except subscription contracts for these publications, which remain withdrawable).

10. Contracts concluded at a public auction.

11. Accommodation, transport, car hire, catering or leisure services provided on a specified date or period.

12. Supply of goods which, after delivery, are by their nature inseparably mixed with other items (bulk fuel, aggregates…).

13. Alcoholic drinks whose delivery is deferred beyond thirty days and whose value depends on market fluctuations (vintages, en primeur wines subscribed before bottling).

Common confusions

We regularly see retailers convinced they fall within an exception because their activity resembles one. A few examples seen in real life:

• "I sell ebooks, so no withdrawal": no. The "digital content" exception requires the customer's express agreement to start performance before the end of the period, plus an explicit waiver of their right. Without those two ticked boxes, the refund is still due.
• "I sell fresh products": true for genuinely perishable products, false for dry goods and supplements in tubs.
• "It's made to measure": true for a genuine customer specification, false when the "personalisation" amounts to choosing a colour from a catalogue.
• "My service is rendered in two hours, so no button": true only if the customer's express agreement to start immediately and their waiver of the right have been obtained and recorded.

If you are genuinely within an exception

The button obligation is lifted, but three obligations remain. First, inform the consumer before the order, clearly and unequivocally, that they do not have the right of withdrawal for this contract (Article 6 of the Consumer Rights Directive (2011/83/EU)). Next, keep the record of this information in the purchase journey, screenshot of the checkout, mention in the T&Cs, express agreement where required. Finally, distinguish exempt contracts from the others if your catalogue mixes the two: a site that sells both perishable goods and dry products must have the button, and clearly indicate which items are exempt at the time of the order.

Doubt works against you

Where there is ambiguity, consider yourself concerned and install the button. A pointless button costs nothing: the customer does not click it. An exception wrongly claimed, in the event of an inspection, can cost dearly: in Ireland, fines up to €60,000 under the Consumer Rights Act 2022 (and up to 4% of turnover for widespread infringements under the Omnibus Directive (EU) 2019/2161).

To check whether you fall within the scope of the obligation, the diagnostic settles it in one question; the analysis of your product exceptions then remains in your hands. For the exhaustive list with concrete examples case by case, see the dedicated page on the 13 exceptions. The trickiest distinction, made to measure or simply personalised, is unpicked in made to measure or personalised: the nuance. To go further, the full guide sets out the withdrawal-button obligation (Directive (EU) 2023/2673) paragraph by paragraph.