Made-to-measure or personalised: the withdrawal-exception nuance

Article 16(c) of the Consumer Rights Directive (2011/83/EU) - the same exception across the 27 EU member states (transposed in Ireland by S.I. No. 484/2013, and in France as article L.221-28 of the Consumer Code, one national transposition among 27) - excludes from the right of withdrawal "the supply of goods made to the consumer's specifications or clearly personalised". On paper, it's simple. In practice, it's one of the most treacherous boundaries in consumer law. A piece of furniture built to the customer's dimensions: made-to-measure. A t-shirt with a slogan chosen from three options offered: not made-to-measure.

Between the two lie hundreds of real cases where the classification turns on a single word. Here is how to tell them apart.

What the exact text says

The legal wording covers two distinct situations:

"Supply of goods made to the consumer's specifications or clearly personalised"

Two verbs, two logics:

• Made to the consumer's specifications: the product is manufactured after the order, on the basis of precise instructions from the customer (dimensions, material, design)
• Clearly personalised: the product is partly modified in an irreversible way (engraving, embroidery, individualised printing)

In both cases, the key is the same: the good is no longer resaleable as-is to another customer.

What is clearly made-to-measure (withdrawal excluded)

A few cases where case law and doctrine are aligned:

• Made-to-measure suit to the customer's measurements (shirt, suit, wedding dress)
• Furniture built to the dimensions of a room (built-in bookcase, worktop)
• Jewellery engraved with a first name, a date, a dedication
• Painting commissioned with a subject imposed by the customer
• Photo printed on canvas from an image supplied

The practical test: if you had to take back the product returned by the customer, you could not resell it as-is. You would throw it away or it would end up in unsaleable stock.

What is NOT made-to-measure (withdrawal applies)

Here is the trap. Several set-ups look like made-to-measure without being so in the legal sense:

Choice from pre-established options

A sofa with a choice of colour (from 8 available) and fabric (from 3 catalogues) remains a standard good. The customer chooses, they do not specify. Made-to-measure requires an instruction that goes beyond the combinations planned in advance.

Multiple combinations within a finished catalogue

A site offering 50 trainer references in 6 sizes and 8 colours (that is, 2,400 combinations) is not doing made-to-measure. The customer chooses a combination that already exists in the system. If the chosen combination is rarely requested and the base is produced to order to save stock, it is still not made-to-measure: the just-in-time commercial practice does not change the legal classification.

Personalisation at the edges of marketing

A mug printed with a first name "Marie" from a pre-defined list of 200 names is not clearly personalised within the meaning of the text. If the customer can type "Marie" OR choose from a list, the personalisation is limited. If the customer can type any free text (up to 30 characters), then the criterion is met.

Three practical cases with their classification

Case 1: T-shirt with a customisable slogan

A site offers a white t-shirt with a personalisation box: the customer types the text they want, up to 50 characters. The t-shirt is printed after the order.

Classification: made-to-measure (clearly personalised). As the text is free, the product is not resaleable. Withdrawal excluded, provided that the pre-contractual information is explicit (the customer must know before paying that they lose their right).

Case 2: Enamel plaque with a name chosen from a list of 500

A manufacturer offers letterbox plaques with a list of 500 available first names. The customer chooses "Dupont" from the list.

Classification: borderline. If the 500 plaques are actually made in advance and stocked, withdrawal applies (product resaleable to the next Dupont). If they are made after the order, the court looks at the recoverable nature of the product: another "Dupont" customer can buy it back, so withdrawal is possible.

Case 3: A bed 213 cm wide made to order

A bedding manufacturer produces mattresses and bed bases in 4 standard widths (140, 160, 180, 200). The customer wants one 213 cm wide because their bedroom is unusual.

Classification: made-to-measure. The width falls outside the industry standards, the product is unsaleable as-is. Withdrawal excluded.

The risk of misclassification

Getting it wrong is costly both ways:

Error 1: wrongly invoking the made-to-order exception You refuse the withdrawal by citing the personalised nature, when the product was in fact standard. The consumer refers the matter to the national consumer regulator (the CCPC in Ireland) or the civil court. You must refund, plus possibly damages for wrongful resistance.

Error 2: wrongly accepting the withdrawal You refund a customer for a genuinely made-to-measure product that you will not be able to resell. No legal penalty, but a dead loss on your margin.

Error 1 is legally risky, error 2 is commercially costly. When in doubt, prudence lies in accepting the withdrawal and bearing the loss rather than blocking it into a dispute.

In practice

Sorting is done case by case, but a few rules make daily life simpler:

• Any individualisable written note or engraving (free text, drawing): made-to-measure
• Choice of dimensions outside industry standards: made-to-measure
• Choice from a finite number of pre-established options, however wide: not made-to-measure
• Rare but reproducible combination: not made-to-measure
• Production to order without personalisation: not made-to-measure

If your products partly fall under the exception, the simplest thing is to display the withdrawal button everywhere and handle the exceptions when processing the request. This avoids classification errors, simplifies development, and reduces the risk of litigation. It's the approach recommended in the full withdrawal button guide.

For the exhaustive list of the 13 exceptions with examples: see the dedicated exceptions page, and the article the 13 exceptions to the right of withdrawal which reviews them one by one.