The new EU legislation requires sites and apps to have a quick and immediate system to cancel contracts and orders. And for those who do not comply, sanctions and longer withdrawal periods will apply.
Change your mind with one click. It will be possible from June 19th for those who purchase online. No more forms to download, hidden email addresses to search for, long and complicated procedures. European legislation comes into force which simplifies the right of withdrawal. E-commerce platforms are required to have a dedicated quick return button. It must be as visible and accessible as the “Buy Now” button.
Quick returns for online purchases: what the new European legislation provides
The principle underlying the rule is simple: if you can buy (conclude a contract) with one click, then the dissolution of the same must also be able to occur with the same ease. From here comes the obligation, for those who sell online to private individuals, to integrate a withdrawal function into their site or app that allows them to clearly communicate their desire to withdraw from the contract; indicate the elements that identify the purchase (for example order number and product) and specify an electronic address to receive confirmation of the operation. No beating around the bush. The new function will have to appear on the platform in a very clear way. A button with the writing «Withdraw from the contract here» or an equivalent expression. And the function must remain available for as long as it is possible to exercise the right to return.
How the new digital withdrawal procedure works
A is expected double pass. First the consumer fills out the request with the necessary data, then confirms it by clicking on an equally clear command (for example «Confirm withdrawal»). Only at that point is the withdrawal considered correctly transmitted and the seller has the obligation to send, without delay, a receipt on a durable medium (typically an email), which reports the content of the declaration and the exact date and time of transmission. This document is the official proof of the request, both for the consumer and for the company. Attention: the rule does not necessarily impose a “button” in the graphic sense, but it still requires a function that is easily identifiable and without hidden or complicated steps. Furthermore, those who sell through a marketplace will not necessarily have to develop their own system: the function can be managed directly from the platform on which the purchase was concluded. The obligation does not only concern large marketplaces, but also independent shops that sell via platforms, companies that offer subscription services, professionals who sell online consultancy and those who distribute courses or digital content.
E-commerce with unchanged timing: what does not change for the consumer from 19 June
What doesn’t change on June 19th are the timing: the times of the right of withdrawal remain the same. The consumer continues to have 14 calendar days to change your mind about a remote purchase, without having to provide any reason, except for the exceptions already provided for by the Consumer Code (for example goods sealed for hygienic reasons, once opened). For i physical goodsthe seller must reimburse the customer within 14 days of notification of the withdrawal, including standard delivery costs, although he may wait for the return of the goods or proof of shipping. The consumer, in turn, will have another 14 days to ship the product. For i servicesthe matter is more complex: if the consumer has requested immediate activation of the service (for example a consultation that has already begun), he may be required to pay the fee relating to the part of the service already used before the withdrawal. Even i digital content (ebook, film, downloaded video game) may cause the right of withdrawal to lapse if execution has already begun with the user’s explicit consent. For i financial services remotely, finally, there are 14 calendar days left to withdraw, a deadline that rises to 30 days for individual supplementary pension schemes and life insurance.
Penalties for those who do not comply to the new rules on online withdrawal
The consequences for those who do not update the platforms are not just image-related. If the company does not correctly inform the customer about the new withdrawal tool (where it is located and how it works), the standard 14 days available to change your mind automatically become 12 months and 14 days. The consumer does not need to do anything, the extension happens on its own, as a direct consequence of the company’s lack of transparency. And there is a risk of administrative sanctionswhich can reach up to 10 thousand euros for the most common violations, considered as unfair commercial practices. Be careful not to discourage returns with graphic choices: a withdrawal button “hidden” in a secondary menu or made not very visible can in itself constitute an unfair commercial practice, regardless of formal compliance with the other requirements.
