The right of withdrawal, article by article

The principle of the right of withdrawal

Across the EU, article 9 of Directive 2011/83/EU gives every consumer 14 days to withdraw from a distance or off-premises purchase, without giving a reason or paying a penalty - the same rule in all 27 member states. Each state transposes it: in France, for example, as article L.221-18 of the Code de la consommation; in Ireland, as reg. 14 of S.I. No. 484/2013, enforced by the CCPC.

The extension of the period to 12 months

Under article 10 of Directive 2011/83/EU, where the trader failed to inform the consumer of the right of withdrawal, the 14-day period is extended by 12 months - the same rule across the 27 member states. France transposes it in article L.221-20 (a period of 12 months and 14 days); in Ireland the same right sits in S.I. No. 484/2013, enforced by the CCPC. The extension applies as of right, without any procedure.

The technical arrangements for the button (decree no. 2026-3)

The online withdrawal button comes from Directive (EU) 2023/2673, mandatory across the EU since 19 June 2026. Each member state sets the technical detail - in France, article D.221-5 (decree no. 2026-3 of 5 January 2026): permanent accessibility, a clear label, a form and a time-stamped acknowledgement of receipt.

The consumer's obligations (return of the goods)

Article 14 of Directive 2011/83/EU governs the return across the EU: the consumer sends the goods back within 14 days of withdrawing and bears only the direct return costs - unless the trader failed to warn them, in which case the trader pays. France transposes this in article L.221-23; in Ireland the rule sits in S.I. No. 484/2013 (CCPC).

The trader's refund obligation

Article 13 of Directive 2011/83/EU requires the trader to refund all sums paid (product + standard delivery) within 14 days of the withdrawal, using the same means of payment - the same duty in all 27 member states. France transposes it in article L.221-24; in Ireland it sits in S.I. No. 484/2013 (CCPC).

The penalty for the absence of a button

Breaching the withdrawal-button obligation is penalised in every member state. The EU Omnibus Directive (EU) 2019/2161 backs fines of up to 4% of turnover for widespread breaches. National examples differ: in Ireland, the CCPC can pursue fines up to €60,000 (Consumer Rights Act 2022); in France, an administrative fine up to €15,000 (natural person) / €75,000 (legal entity) under article L.242-13.

The uplift for a late refund

Directive 2011/83/EU (art. 13) sets a 14-day refund deadline across the EU. Each member state enforces it in its own way - France, for example, with an automatic uplift of the sums due under article L.242-4 (from the statutory interest rate up to +50% and beyond, depending on the delay); Ireland through the CCPC under S.I. No. 484/2013.

The online withdrawal button (Directive (EU) 2023/2673)

The EU obligation, since 19 June 2026, to provide a permanent, free online functionality to withdraw (Directive (EU) 2023/2673) - transposed in France as article L.221-21 - covered in depth in the guide.

Pre-contractual information (Directive 2011/83/EU, art. 6)

The information a trader must give before the purchase, including the right of withdrawal and the model form (Directive 2011/83/EU, art. 6; in France, article L.221-5), detailed on the dedicated page.

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

The cases where the right of withdrawal does not apply - bespoke items, perishables, unsealed digital content, etc. (Directive 2011/83/EU, art. 16; in France, the 13 exceptions of article L.221-28).

Electronic proof across the EU (eIDAS Regulation (EU) 910/2014)

Electronic records are admissible as evidence throughout the EU under the eIDAS Regulation (EU) 910/2014; France states the same principle in article 1366 of the Code civil.