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European consumer law

The 13 exceptions to the right of withdrawal

Harmonised across the 27 EU member states by Directive 2011/83/EU, art. 16 (points a to m). The text and a case-by-case explanation.

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Do you sell online to consumers? As a rule, your customers have 14 days to change their mind and obtain a refund, except in 13 specific situations. These 13 exceptions are set at European level by Directive 2011/83/EU, art. 16, which lists them a to m and applies identically in each of the 27 member states (in Ireland, enforced by the CCPC). A complete list with concrete examples and points to watch for each exception.

When in doubt, keep the button online: it never forces you to accept an unjustified withdrawal, and you avoid the risk of a misclassification. The exceptions are to be interpreted strictly; a single wrongly qualified category is enough to put you in breach.

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What Article 16 of the Consumer Rights Directive says

“Member States shall not provide for the right of withdrawal … in respect of the following contracts: …”, the article then sets out an exhaustive list of thirteen categories of goods and services excluded from the right of withdrawal.

These thirteen cases are set at European level by Directive 2011/83/EU, art. 16 (points a to m), and apply identically in each of the 27 member states. National law simply gives them effect (in Ireland, enforced by the CCPC), removing the right of withdrawal in these situations:

  1. Services fully performed before the end of the period
  2. Goods whose price depends on financial market fluctuations
  3. Goods made to the consumer's specifications
  4. Goods liable to deteriorate or expire rapidly
  5. Sealed goods opened for reasons of hygiene
  6. Goods inseparably mixed after delivery
  7. Alcoholic beverages with deferred delivery and a fluctuating price
  8. Urgent maintenance or repair work at the home
  9. Unsealed audio and video recordings and software
  10. Newspapers, periodicals and magazines
  11. Accommodation, transport, catering and leisure on a fixed date
  12. Contracts concluded at a public auction
  13. Digital content with immediate performance

Reference text: Directive 2011/83/EU, art. 16 on EUR-Lex. Each case is detailed below, with concrete examples and the points to watch you should not miss.

01

Services fully performed before the end of the period

Directive 2011/83/EU, art. 16(a)

“Where the service has been fully performed before the end of the withdrawal period, with the consumer's prior express consent and their acknowledgement that they will lose their right of withdrawal.”

Concrete examples

  • •Immediate download of an online course with explicit consent to the loss of the right
  • •Legal advice provided there and then during a telephone call
  • •An emergency home repair requested by ticking 'I acknowledge that I lose my right of withdrawal'

Point to watch

Consent must be explicit (a dedicated tick box), not implied. Without express, documented acknowledgement of the loss of the right, the 14-day period applies.

02

Goods whose price depends on financial market fluctuations

Directive 2011/83/EU, art. 16(b)

“Goods whose price depends on fluctuations in the financial market that are beyond the trader's control and liable to occur during the withdrawal period.”

Concrete examples

  • •Precious metals (gold, silver, platinum) at the day's spot price
  • •Cryptocurrencies sold with physical delivery of the wallet
  • •Listed precious stones
03

Goods made to the consumer's specifications

Directive 2011/83/EU, art. 16(c)

“The supply of goods made to the consumer's specifications or clearly personalised.”

Concrete examples

  • •A bespoke suit cut to the customer's measurements
  • •A piece of jewellery engraved with a name or a date
  • •Furniture built to the exact dimensions of a room
  • •A photo printed on canvas from an image supplied by the customer

Point to watch

'Customisable' is not the same as 'personalised'. If the consumer chooses a colour or a size from a list, that is not personalisation within the meaning of Directive 2011/83/EU, art. 16(c). The distinction is made on a case-by-case basis.

04

Goods liable to deteriorate or expire rapidly

Directive 2011/83/EU, art. 16(d)

“The supply of goods liable to deteriorate or expire rapidly.”

Concrete examples

  • •Fresh produce (meat, fish, fruit and vegetables)
  • •Ready meals delivered to the home
  • •Fresh cut flowers
  • •Fragile potted plants
05

Sealed goods opened for reasons of hygiene

Directive 2011/83/EU, art. 16(e)

“The supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.”

Concrete examples

  • •Cosmetics (lipsticks, foundations) once opened
  • •Toothbrushes and razors once unpackaged
  • •Intimate products
  • •Food supplements if the seal on the box has been broken

Point to watch

As long as the seal is not broken, the right of withdrawal applies. It is the consumer opening the item that triggers the exception.

06

Goods inseparably mixed after delivery

Directive 2011/83/EU, art. 16(f)

“The supply of goods which, after delivery and by their nature, are inseparably mixed with other items.”

Concrete examples

  • •Fuel poured into the tank
  • •Heating oil delivered into an already partly full tank
  • •Feed pellets poured into a silo
07

Alcoholic beverages with deferred delivery and a fluctuating price

Directive 2011/83/EU, art. 16(g)

“The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market that are beyond the trader's control.”

Concrete examples

  • •The sale of wine en primeur (delivery on bottling, 18-24 months later)
  • •The purchase of a grand cru Burgundy to be delivered after ageing
08

Urgent maintenance or repair work at the home

Directive 2011/83/EU, art. 16(h)

“Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to the spare parts and work strictly necessary.”

Concrete examples

  • •An emergency plumbing call-out on a Sunday for a leak
  • •A locksmith called out urgently after a door slammed shut
  • •A boiler repair in the depths of winter

Point to watch

The exception covers ONLY the urgent work requested. If the plumber then offers to change a tap that is not urgent, that additional service remains subject to the right of withdrawal.

09

Unsealed audio and video recordings and software

Directive 2011/83/EU, art. 16(i)

“The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.”

Concrete examples

  • •A CD or DVD whose plastic wrapping has been removed
  • •Software on DVD-ROM whose case has been opened
  • •A physical video game whose sealed packaging has been opened

Point to watch

This exception concerns ONLY sealed physical media. Downloaded software falls under exception (m) (digital content).

10

Newspapers, periodicals and magazines

Directive 2011/83/EU, art. 16(j)

“The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.”

Concrete examples

  • •The one-off purchase of a magazine from a digital newsstand
  • •Downloading a special issue without a subscription

Point to watch

A subscription to a newspaper or magazine REMAINS subject to the right of withdrawal. Only the one-off sale is excluded.

11

Accommodation, transport, catering and leisure on a fixed date

Directive 2011/83/EU, art. 16(l)

“The provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which are to be provided on a specific date or during a specific period.”

Concrete examples

  • •Booking a hotel room for a specific night
  • •A plane or train ticket for a dated flight/journey
  • •Car hire for a weekend
  • •A concert or match ticket
  • •A restaurant booking for a specific dinner

Point to watch

RESIDENTIAL accommodation (long-term lets, a main residence) is NOT within this exception and remains subject to the right of withdrawal.

12

Contracts concluded at a public auction

Directive 2011/83/EU, art. 16(k)

“A supply concluded following a public auction.”

Concrete examples

  • •The purchase of a work of art at Drouot or Christie's
  • •A judicial auction sale
  • •A property auction held by a notary

Point to watch

Online auctions such as eBay are NOT public auctions in the legal sense. They remain subject to the right of withdrawal.

13

Digital content with immediate performance

Directive 2011/83/EU, art. 16(m)

“The supply of digital content not provided on a tangible medium, where performance has begun with the consumer's prior express consent and their acknowledgement that they thereby lose their right of withdrawal.”

Concrete examples

  • •Buying and immediately downloading an ebook
  • •Streaming a film with immediate access
  • •Downloading SaaS software with instant access

Point to watch

As with exception no. 1, consent must be EXPLICIT (a dedicated tick box). Without this express acknowledgement of the loss of the right, the 14-day period applies despite the download.

Summary table

No.Exception
1Services fully performed before the end of the period
2Goods whose price depends on financial market fluctuations
3Goods made to the consumer's specifications
4Goods liable to deteriorate or expire rapidly
5Sealed goods opened for reasons of hygiene
6Goods inseparably mixed after delivery
7Alcoholic beverages with deferred delivery and a fluctuating price
8Urgent maintenance or repair work at the home
9Unsealed audio and video recordings and software
10Newspapers, periodicals and magazines
11Accommodation, transport, catering and leisure on a fixed date
12Contracts concluded at a public auction
13Digital content with immediate performance

Official source: Directive 2011/83/EU, art. 16 on EUR-Lex.

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