Can a merchant refuse my withdrawal request?

The only lawful grounds for refusal (Article 16, Directive 2011/83/EU)

The list of exceptions is exhaustive: no other ground can be invoked by the merchant. The main categories:

• •Personalised or bespoke goods (engraving, specific size, unique configuration)
• •Perishable goods (fresh food, cut flowers)
• •Sealed goods once unsealed whose nature prevents return (cosmetics, opened underwear)
• •Sealed CDs, DVDs and software once unsealed
• •Downloaded digital content with express agreement and acknowledgement of the loss of the right
• •Service fully performed with the consumer's express agreement
• •Alcoholic drinks whose value depends on the market
• •Urgent maintenance work expressly requested by the consumer
• •Accommodation, transport, catering, leisure on a fixed date

The full, detailed list of the exceptions is available on the dedicated page on the Article 16 exceptions.

The most common wrongful refusals

The following grounds for refusal are legally inadmissible; a merchant who invokes them commits an offence:

• ✗“You opened the parcel” (except sealed goods such as cosmetics)
• ✗“The product was on promotion / in the sales”
• ✗“You don't have the original packaging”
• ✗“Our terms and conditions don't provide for withdrawal” (terms and conditions cannot override a statutory right)
• ✗“You must first give us a reason” (no reason is required)
• ✗“The product has been used” (at most: a proportionate depreciation charge)
• ✗“You paid in cash / in instalments”

The special case of depreciation

The consumer may handle the goods as they would in a physical shop: this is a rule harmonised across the EU by the Consumer Rights Directive (2011/83/EU). If the merchant proves that the value of the goods has fallen because of excessive handling (wearing them outside, installation, putting them into service beyond mere testing), they may withhold a depreciation charge that is proportionate. This charge cannot exceed the actual loss of value and cannot be used as a pretext to refuse the withdrawal itself. The merchant must refund the purchase price minus the charge, not refuse any refund at all.

What to do in the event of a wrongful refusal?

1. Formal notice by recorded-delivery letter with acknowledgement of receipt, citing the 14-day withdrawal right (in Ireland, S.I. No. 484/2013) and setting a 14-day deadline for the refund.
2. Report to the national regulator (free, online). In Ireland, the CCPC can pursue penalties of up to €60,000 under the Consumer Rights Act 2022 (and up to 4% of turnover for widespread infringements).
3. Consumer dispute-resolution (ADR) body for the sector, free of charge.
4. The courts, depending on the amount in dispute.