What happens if the merchant did not mention the return costs before the purchase?

The obligation requires the trader to inform the consumer, BEFORE the conclusion of the contract, that the return costs will be borne by them (Directive 2011/83/EU, art. 14). Without this clear pre-contractual information, it is the merchant who bears the return costs, even for bulky goods.

Shipping costs in the event of withdrawal: who pays what?

Q: Who pays the shipping costs in the event of withdrawal?

These rules are harmonised across the whole EU by Directive 2011/83/EU. The outbound postage (initial delivery) is always refunded by the merchant to the consumer, up to the cost of the least expensive delivery method offered (Directive 2011/83/EU, art. 13). The return postage (sending the goods back) is borne by the consumer, provided the merchant expressly stated this before the purchase (Directive 2011/83/EU, art. 14). Without this prior notice, the return costs fall to the merchant.

Q: Does the merchant have to refund express shipping costs?

No, only the standard delivery method. If the consumer chose a more expensive method (express delivery, a paid pick-up point), the merchant refunds only the cost of the standard method offered. The difference remains borne by the consumer (Directive 2011/83/EU, art. 13, second subparagraph).

A customer withdraws and sends their order back to you? Two lots of shipping costs are in play: the initial delivery and the return. These rules are harmonised across the whole EU by the Consumer Rights Directive 2011/83/EU; in Ireland, they are enforced by the CCPC. The outbound postage (initial delivery) is always refunded by the merchant, up to the cost of the least expensive delivery method offered (Directive 2011/83/EU, art. 13). The return postage is borne by the consumer, provided the merchant expressly stated this before the purchase (Directive 2011/83/EU, art. 14). Without this prior notice, the return costs fall to the merchant.

Summary table

Type of cost

Borne by

Directive 2011/83/EU

Outbound postage (standard method)

Merchant

art. 13

Outbound postage (express method if more expensive)

Merchant (standard method) + consumer (difference)

art. 13 §2

Return postage if stated before purchase

Consumer

art. 14

Return postage if not stated before purchase

Merchant

art. 14

Depreciation (handling beyond what is necessary)

Consumer (deducted from the refund)

art. 14(2)

The express delivery trap

If the consumer paid for a delivery method more expensive than the standard one (24-hour delivery, guaranteed time slot, paid pick-up point), the merchant refunds only the cost of the standard method offered. The difference remains borne by the consumer.

Example: an order of 80 € with express delivery at 15 € (whereas the standard method costs 5 €). In the event of withdrawal, the merchant refunds 80 € + 5 € of standard postage = 85 €. The consumer loses 10 € of express postage.

For the merchant: where to mention the return costs?

The notice must be visible before the conclusion of the contract. Three mandatory locations:

•Product page (before the « Add to basket » button)
•Right of withdrawal section of the terms and conditions
•Order confirmation email (reminder)

Without this threefold notice, in the event of a dispute, the burden of proof falls on the merchant. The terms and conditions clause generator automatically includes this clause according to your choice (return costs borne by the customer or the merchant).

Special cases

Bulky non-postal goods (furniture, heavy household appliances): the merchant must provide an estimate of the return cost BEFORE the purchase. Without an estimate, the costs are borne by them.
A single order in several parcels: the 14-day period runs from the date of receipt of the LAST parcel. The return postage applies to each parcel sent back.
A service or digital content: no outbound postage (no physical dispatch), no return postage. A refund of the amount paid only.

To go further

The 14-day refund period

Procedure, increase in the event of delay