§5.2 Information about the right of withdrawal

Article 6(1) requires traders to provide certain information about the right of withdrawal from off-premises and distance contracts. Article 6(1) (h) where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B); (i) where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods; (j) that, if the consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance with Article 14(3); (k) where a right of withdrawal is not provided for in accordance with Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal;[…] Under Article 6(1), the information must be clear and comprehensible. Under Article 6(4), the trader may use the model instructions on withdrawal set out in Annex I(A) of the Directive to provide the information referred to in points (h), (i) and (j). If the information is filled in correctly and given to the consumer, the trader has met these information requirements. However, these model instructions on withdrawal in Annex I(A) are not mandatory and the trader may adjust their wording, for example, using the terms ‘I/me’ instead of ‘we/us’ if the trader is an individual entrepreneur or displaying the trader’s identity and contact details in the header of the form and referring to these details in the text. By contrast, if the right of withdrawal under Article 6(1)(h) applies, the trader should always provide the consumer with the model withdrawal form set out in Annex I(B), even if the trader also gives the consumer the option of filling in and sending a form on its website about the right of withdrawal, in line with Article 11(3). Different rules apply regarding the provision of the model withdrawal form when contracts are concluded over means of distance communication with limited space or time in accordance with Article 8(4) – see section 4.2.4. The additional withdrawal form that the trader may opt to provide on its website in line with Article 11(3) may be different from the model withdrawal form set out in Annex I(B) of the CRD. But if the trader wishes to use such online form to collect more information from the consumer, such as the reasons for the withdrawal, any other questions of this kind should be presented separately and it should be possible to send the form without answering them. When providing information on time limits under Article 6(1)(h) for withdrawal from sales contracts under Article 9 (except for contracts for regular delivery of goods), if the exact mode of delivery (single or multiple) is not known in advance, the trader may inform the consumer that the withdrawal period will expire after 14 days/30 days from the day after the consumer acquires, or a third party indicated by the consumer, other than carrier, acquires physical possession of the last good or lot of the order. Where one of the exceptions from the right of withdrawal provided in Article 16 applies, the consumer should be informed about the exception under Article 6(1)(k). Where one of the unconditional exceptions applies, only the information required under Article 6(1)(k) should be provided, not the information about the right of withdrawal under Article 6(1)(h) and (i): — For example, for goods such as flowers, covered by the exception in point (d) of the first paragraph of Article 16, only the information required by Article 6(1)(k) is relevant, i.e. the trader should inform the consumer that there is no right of withdrawal from the contract because these goods are liable to deteriorate or expire rapidly. By contrast, for exceptions which only apply in certain circumstances, the information required by Article 6(1)(k) should be provided in addition to the information required under Article 6(1)(h) and (j): — For example, when offering contact lenses or a tooth brush, whose packaging constitutes a ‘seal’ within the meaning of point (e) of the first paragraph of Article 16, the trader should inform the consumer of the conditions, time limits, etc. for withdrawal as required under Article 6(1)(h). The trader should also inform the consumer that, for health protection and hygiene reasons, the consumer loses the right of withdrawal if the packaging of the goods is opened. Article 6(1)(i) requires the trader to state the cost of returning the goods that cannot normally be returned by post: — For example, this applies to bulky items, such as furniture and large equipment (fridges, washing machines etc.), which are typically delivered door-to-door rather than handed in for dispatch at a post office. Recital 36 explains that this information requirement is met, for example, if the trader specifies one carrier (for instance the carrier assigned to deliver the good) and one price for returning the goods. Recital 36 also states that ‘where the cost of returning the goods cannot reasonably be calculated in advance by the trader, for example because the trader does not offer to arrange for the return of the goods himself, the trader should provide a statement that such a cost will be payable, and that this cost may be high, along with a reasonable estimation of the maximum cost, which could be based on the cost of delivery to the consumer’. Where the trader offers different delivery methods, the return cost may be estimated based on the cost of the specific delivery method chosen by the consumer: — For example, if the delivery is arranged to the consumer’s street address, then also the cost of return may be based on the cost of collecting the goods at that street address. The obligation to state the return cost or provide an estimate should not require the trader to provide this information for different possible return scenarios (such as returning in assembled form furniture that was delivered unassembled in a package).

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