BackToMe is the compliance infrastructure for the withdrawal right (a European obligation across the 27 EU member states, Directive (EU) 2023/2673, in force since 19 June 2026; in Ireland, enforced by the CCPC). Installed with a single line of code, it receives the customer's request, sends them an acknowledgement of receipt by email that they keep, and archives it dated and impossible to alter afterwards for 5 years. Installing the button covers what the law requires and provides solid proof for every request.

Can a smartphone or a computer be returned?

Yes. A smartphone, a computer or a connected device are standard goods subject to the withdrawal right: 14 days to withdraw and obtain a refund. The customer can switch it on and try it out as they would in a shop. If they use it beyond simple testing (prolonged set-up, visible wear), you can retain a proportionate depreciation allowance, but you cannot refuse the refund.

Can a boxed video game or software be returned once opened?

No, if it has been unsealed. Article 16 of the Consumer Rights Directive (2011/83/EU) excludes from the withdrawal right audio and video recordings and computer software unsealed by the consumer after delivery. A boxed game or piece of software returned still sealed remains returnable; once the seal is broken, the right is extinguished, provided the customer was informed of this.

And downloaded (non-material) software or games?

Digital content supplied without a physical medium (download, activation key, non-material game) can be excluded from the withdrawal right under Article 16 of the Consumer Rights Directive (2011/83/EU), but only if performance began with the customer's prior express consent AND their explicit waiver of the withdrawal right. In practice, this means two separate, non-pre-ticked boxes.

Is a custom-built PC concerned?

A computer assembled to the precise configuration requested by the customer may fall under Article 16 of the Consumer Rights Directive (2011/83/EU) (goods made to the consumer's specifications), and therefore be excluded from the withdrawal right. Choosing a reference from a catalogue of pre-established configurations is not enough to qualify as bespoke.

Can in-ear earphones and headphones be returned?

As long as the hygiene seal is intact, yes. In-ear earphones often carry a seal for hygiene reasons: once that seal is broken, the sealed-goods exception under Article 16 of the Consumer Rights Directive (2011/83/EU) may apply, provided the customer was informed before the purchase. A headset with no in-ear contact, however, follows the general rule for returnable goods.

Consumer electronics and high-tech sector

Withdrawal button for consumer electronics and high-tech

Last reviewed on July 22, 2026

Do you sell electronics online to consumers? Smartphones, computers, consoles, games, software: most are fully returnable, but electronics gathers several precise exceptions, namely unsealed media and non-material digital content. Here is how to sort them out under the withdrawal right since 19 June 2026.

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The general rule: hardware is returnable

A smartphone, a laptop, a television, a connected speaker: these are standard goods. The customer has 14 days from delivery to withdraw, without having to give a reason. They can switch the device on and try it out, as they would in a shop.

You can set reasonable return conditions in your terms and conditions (packaging, accessories, apparent as-new condition). You cannot refuse the refund on the sole ground that the customer switched on and tested the device.

If the use goes beyond simple testing (hours of use, scratches, prolonged installation), you can retain a proportionate and justified depreciation allowance. Refusing the refund in full remains a legal risk.

The exceptions specific to high-tech

These exceptions are harmonised at European level (Directive 2011/83/EU, art. 16) and transposed across the 27 EU member states; in Ireland, they are set out in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484/2013).

Unsealed boxed games and software (Directive 2011/83/EU, art. 16)

Audio and video recordings and computer software unsealed by the customer after delivery are excluded from the withdrawal right. A console game or a piece of software returned still sealed remains returnable; once the seal is broken, the right is extinguished, provided the customer was informed of this.

Non-material digital content (Directive 2011/83/EU, art. 16)

Downloaded software, activation key, non-material game: immediate performance sets aside the withdrawal right, but only with the customer's prior express consent AND their explicit waiver. In practice, two separate, non-pre-ticked boxes. Failing that, the right remains open.

Bespoke configurations and sealed earphones

A PC assembled to the customer's exact specifications falls under the bespoke exception (Directive 2011/83/EU, art. 16), excluded from withdrawal. In-ear earphones often carry a hygiene seal: once unsealed, they may fall under the sealed-goods exception. Choosing an option from a catalogue is not enough to qualify as bespoke.

The real issue: proving the request and the state of the product

In high-tech, disputes often turn on facts: was the seal broken, had the customer waived their right on a download, did the request arrive within the 14 days? On the day of a complaint, what counts is not your word, it is what you can prove.

Beyond the button, you need proof that holds up (before a judge or the regulator) for each request: an acknowledgement by email that the customer keeps, then a dated trace, impossible to alter after the fact, kept for 5 years, verifiable even once the device has been unpacked. That is the subject of our feature on the evidential value of withdrawal proof. For the detail of the grounds for exclusion, see also the 13 exceptions to the withdrawal right.

Your sector has its own rules

The withdrawal right applies differently depending on what you sell. See also:

Cosmetics and hygiene: the rule on sealed products.
Fashion and textiles: trying on, bespoke, sealed underwear.
Food and perishables: perishable goods and sealed items.
The 13 exceptions to the withdrawal right.

Your sector is concerned: the proof that protects you, set up in five minutes

The withdrawal button is a European obligation (Directive (EU) 2023/2673) since 19 June 2026. BackToMe sets it up, proves every request and applies the law of each EU country. 7-day free trial, 0 € today.

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