Is the withdrawal button mandatory for B2B sales?

Answer in two minutes, sourced from EU consumer law · then a free trial: 0 € today

Who counts as a consumer under the Consumer Rights Directive?

The Consumer Rights Directive (2011/83/EU) defines a consumer as « any natural person who is acting for purposes which are outside their trade, business, craft or profession ». Three cumulative conditions:

• •A private individual (businesses acting as traders are excluded)
• •A non-professional purpose (a purchase for personal, family or household use)
• •No direct link with their commercial, professional, craft, agricultural or industrial activity

When a professional buyer can still be a consumer

EU consumer law turns on the purpose of the purchase, not the size of the buyer. Under the Consumer Rights Directive (2011/83/EU), where a contract is concluded for purposes partly inside and partly outside a person's trade, and the trade purpose is so limited as not to be predominant, that person is still treated as a consumer (recital 17). Two practical markers:

• •The purchase falls outside the buyer's usual field of activity (for example: a baker buying software for personal use)
• •Any trade purpose is marginal, and not the predominant reason for the purchase

In practice, a buyer who genuinely acts outside their trade enjoys the same rights as any consumer: 14 days to withdraw, a full refund, and so on. For merchants selling to very small businesses, a word of caution: the button stays relevant whenever the purchase plainly falls outside the customer's professional activity.

Mixed B2B/B2C site: the button is mandatory

As soon as a site serves, at least in part, a consumer clientele, the button must be present. Two options are possible:

1. A button visible to everyone, enabling the withdrawal procedure for all buyers (a simple commercial choice).
2. A conditional button, hidden when the buyer identifies as a professional (via a company registration or intra-EU VAT number at checkout). More complex technically but compliant.

Most mixed sites opt for the first solution: it is simpler, creates no perceived discrimination, and serves as a commercial argument (a more generous returns policy).

100 % B2B site: no obligation, but a possible commercial argument

A site that sells exclusively to professionals (with the VAT number verified at sign-up) is not subject to the mandatory button. The merchant can nonetheless voluntarily offer a commercial withdrawal (for example 14 or 30 days), set out in the terms and conditions. This is no longer a legal right but a contractual guarantee, though it can be a differentiating commercial argument. In this case, the button mandated by Directive (EU) 2023/2673 is not compulsory, but the procedure must be clearly documented in the terms and conditions.

Verifying professional status at checkout

To distinguish B2C from B2B, the merchant must collect reliable information at the time of the order. The recommended practice: a « I am a professional » checkbox + a mandatory company registration or VAT number field if ticked + automatic verification against an official business register (for example the EU VIES VAT-number service) server-side. These details should be kept in the customer's file. Note: merely providing a VAT number is not enough if the purchase is plainly personal, as the case law looks at the real purpose of the purchase.