Food and perishable sector
Withdrawal button for food and perishable goods
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Do you sell food online to consumers? Since 19 June 2026, a withdrawal button is mandatory. Fine grocery, wine, coffee, supplements, fresh produce, hampers: food mixes fully returnable products with two precise exceptions, perishable goods and sealed goods. Here is how to sort them under the withdrawal right, without wrongly refusing a refund.
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The general rule: dry grocery is returnable
Tinned goods, coffee, tea, pasta, spices, honey, chocolate, sealed wine: these are long-life goods. The customer has 14 days from delivery to withdraw and obtain a refund, without having to give a reason, as long as the product is returned sealed and intact.
The common mistake is to invoke « it's food » to refuse any return. It is not the food nature that excludes withdrawal, it is two precise situations: the good that perishes quickly, and the good sealed for hygiene that the customer has opened.
Refusing a return of sealed dry goods on the grounds that they are food is a wrongful refusal, exactly the kind of practice the national regulator penalises (in Ireland, the CCPC). Start from the assumption that the product is returnable, then check whether an exception really applies.
The two exceptions to know
These exceptions are harmonised at European level (Directive 2011/83/EU, art. 16) and transposed in each of the 27 EU member states.
Perishable goods (Directive 2011/83/EU, art. 16)
Goods liable to deteriorate or expire rapidly are excluded: fresh produce, fruit and vegetables, fresh meat and fish, fresh patisserie, cut flowers. The interpretation is strict: a long-life product does not fall into this category, even when sold by a grocer.
Goods sealed for hygiene (Directive 2011/83/EU, art. 16)
A product sealed for reasons of health or hygiene, unsealed by the customer after delivery, is no longer returnable, provided the customer was informed before purchase. The typical case of food supplements or of certain drinks. As long as the seal is intact, the return remains possible.
The case of mixed hampers
A hamper that mixes dry goods (returnable) and fresh goods (perishable) is treated line by line: the customer can withdraw from the products that are not excluded. It is best to provide for this in your terms and conditions to avoid an all-or-nothing approach, which often turns against the merchant.
The real issue: proving the request and how it was handled
In food, disputes often turn on a fact: did the customer withdraw within 14 days, on which product, and was the exception applicable? On the day of a complaint, what counts is not your word, it is what you can prove.
Beyond the button, you therefore need proof that holds up (before a judge or the regulator) for each request: an acknowledgement of receipt by email that the customer keeps, then a trace that is dated and impossible to alter afterwards, archived for 5 years, verifiable even months after an order of dry goods. That is the subject of our file on the evidential value of the proof of withdrawal. For the detail of the exclusion cases, 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 sealed-products rule.
- Fashion and textiles: try-ons, made-to-measure, sealed underwear.
- Electronics and high-tech: unsealed media and digital content.
- 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.