Recital 37

(37) In addition to other existing means of withdrawal, such as the form laid down in Annex I(B) of Directive 2011/83/EU, where the trader offers the possibility of concluding distance contracts by means of an online interface, such as through a website or application, the trader should be obliged to enable the consumer to withdraw from such a contract via a function. This should ensure that consumers can withdraw from a contract just as easily as they can conclude it. To achieve this, the trader should provide the consumer with a withdrawal function that is easy for the consumer to find, continuously available and clearly visible during the withdrawal period. The consumer should be able to find and access the function in an easy and simple manner. For example, the consumer should not have to undertake procedures to find or access the function, such as downloading an application if the contract was not concluded via that application. To facilitate the process, the trader could for example provide hyperlinks leading the consumer to the withdrawal function. The consumer should be allowed to make the withdrawal statement and to provide or confirm the information necessary to identify the contract. For instance, a consumer who has already identified himself or herself, for example by logging in, should be able to withdraw from the contract without the necessity of providing once more their identification or, where applicable, the identification of the contract from which he or she wishes to withdraw. In order to avoid the unintended exercise of the right of withdrawal by the consumer, the trader should require the consumer to confirm the decision to withdraw by means that confirm the consumer’s intention to do so. If the consumer has ordered multiple goods or services within the same distance contract, the trader can provide the consumer with the possibility to withdraw from a part rather than the whole of the contract. When the consumer uses the function to exercise the right of withdrawal, the trader should communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without undue delay. This obligation should apply not only to distance contracts for financial services, but to all distance contracts that are subject to the right of withdrawal under Directive 2011/83/EU. The objective of the withdrawal function is to increase the awareness of consumers of their right of withdrawal and to simplify the possibility of benefiting from that right, since when it comes to distance selling of both financial or non-financial products or services, the consumer does not have the possibility to receive explanations in person, or to learn in person about the possibly complex or extensive nature of a product or service. Therefore, this obligation should be laid down not only for distance contracts for financial services, but also for distance contracts for other goods and services where Union law provides for a right of withdrawal to enhance the possibilities for consumers to get out of contracts by means of withdrawal.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-11 · Text as adopted (Official Journal); later amendments are not incorporated in this text.