How do you prove you sent your withdrawal notice to the merchant?
The merchant claims never to have received your withdrawal notice? It is up to you to prove that you did send it. The burden of proof lies with the consumer (Directive (EU) 2023/2673). Three methods are legally recognised, ranked from the most robust to the weakest : the compliant withdrawal button (dated, enforceable archiving + an automatic acknowledgement), the registered letter with acknowledgement of receipt, and the plain email you have kept. The compliant button is the safest and fastest solution.
Comparison table of the three methods
The compliant withdrawal button: the most robust proof
The button compliant with Directive (EU) 2023/2673 automatically generates, at the moment the consumer clicks : a server timestamp, an acknowledgement of receipt on a durable medium sent by email to the consumer, and archiving on the merchant's side with evidential value. Three elements whose evidential weight is freely assessed by the judge.
That is precisely the aim the legislator pursued in mandating this feature : to eliminate disputes over the date of sending and the actual receipt, which were the main source of litigation before June 2026.
The registered letter: the traditional solution
The registered letter with acknowledgement of receipt remains the reference solution when the merchant has not implemented the compliant button. The postmark establishes the date of sending, the acknowledgement establishes the date of receipt. A robust solution, but slow (two to three days) and costly (five to seven euros per letter). The qualified electronic registered letter (an eIDAS registered delivery service) offers the same legal value for less and instantly.
The plain email: practical but needs securing
Legally valid but fragile in the event of a dispute. Best practices :
- •Send from your personal address (not a contact form)
- •Enable the read receipt if your provider allows it
- •Keep the email you sent in the « Sent » folder
- •Explicitly ask the merchant for an acknowledgement of receipt
- •If there is no response after 48h, follow up with a registered letter