§5.1.2 Starting point of the withdrawal period

Article 9 2. Without prejudice to Article 10, the withdrawal period referred to in paragraph 1 of this Article shall expire after 14 days or, in cases where Member States have adopted rules in accordance with paragraph 1a of this Article, 30 days from: (a) in the case of service contracts, the day of the conclusion of the contract; (b) in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or: (i) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good; (ii) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece; (iii) in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good; (c) in the case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium, the day of the conclusion of the contract. The day from which the 14-day/30-day right of withdrawal period is calculated depends on whether the contract is a sales contract, a service contract, a contract for online digital content or a contract for the supply of public utilities. The Directive provides for two starting points: — the day of the conclusion of the contract – for service contracts, contracts for the supply of public utilities, and contracts for online digital content; — the day of taking physical possession of goods (delivery) – for sales contracts but subject to several special rules for: (1) multiple goods ordered in one order and delivered separately; (2) goods consisting of multiple lots or pieces and delivered separately; and (3) contracts for regular delivery of goods during defined period of time. For goods that are delivered, the withdrawal period begins the day after they come into physical possession of the consumer or another person indicated by the consumer, other than a carrier (Article 9(2)(b)). This differs from Article 20, which provides for the risk to pass to the consumer as soon as the goods are delivered to the carrier if the carrier was commissioned by the consumer and not offered by the trader. If there is more than one delivery, the withdrawal period begins the day after delivery of the last of the goods ordered in a single order but delivered separately (Article 9(2)(b)(i)). This rule is justified by the consumer’s legitimate interest in receiving all parts of a single order before deciding whether to withdraw from the contract, for example, for: — a main good and accessories, such as a camera and lens, or — clothing such as a jacket and trousers, which were ordered together and intended to be worn together. In such cases, a single withdrawal period should apply from the day after delivery of the last item. As stated in Recital 40: ‘[…] the consumer should be able to exercise the right to withdraw before acquiring physical possession of the goods ’. Moreover, nothing prevents the consumer from refusing to take possession of the goods in this case: — For example, after ordering an item from trader X the consumer finds a better offer for the same item from trader Y; the consumer therefore notifies trader X of the exercise of the right of withdrawal and does not pick up the item at the post office.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07