Practical Guide for Professionals: Right of Withdrawal and Withdrawal Form Explained

As a professional, it is crucial to understand the right of withdrawal and to fill out the withdrawal form.

This right of withdrawal is a right granted to consumers that allows them to cancel a purchase or to withdraw from a service without justification.

This article will help you understand this right and distinguish between the terms cancellation, withdrawal and termination, which are often confused.

Legal basis of the right of withdrawal

Article L. 221-18 of the French Consumer Code is the legal basis for the right of withdrawal in France.

It provides that consumers have a period of 14 days to exercise their right of withdrawal, running from:

- The conclusion of the contract, for service provision contracts;

- The receipt of the goods by the consumer or by a third party, other than the carrier, designated by them, for contracts for the sale of goods. In the case of an order covering several goods delivered separately or in the case of an order for goods composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good, lot or piece.

- For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.

How to comply with the consumer's right of withdrawal?

As a professional, knowing the ins and outs of this right is essential to comply with your legal obligations and to strengthen consumer confidence in your business.

Informing the consumer

To inform the consumer, the professional must state the existence or absence of a right of withdrawal, its terms of exercise and its time limit.

This information is found in your terms and conditions of sale, which must be present in particular on your website and communicated before the purchase and at the time of order confirmation.

The professional must provide a withdrawal form to the consumer through their terms and conditions of sale (Article R. 221-1 of the Consumer Code).

Since 28 May 2022, the withdrawal form must in particular include the supplier's email address, which was not previously required.

In the absence of communication of this withdrawal form, this period is extended by 12 months from the end of the initial period (Article L. 221-20 of the Consumer Code).

Exercise of the right of withdrawal by the consumer

Before the end of the 14-day withdrawal period, the consumer must clearly express their intention to withdraw to the business. This can be done either by using the withdrawal form defined above, or by providing an unambiguous statement indicating their wish to withdraw (Article L. 221-21, paragraph 1 of the Consumer Code).

These documents may be sent electronically via the company's website. In such a situation, the company must provide the consumer with an acknowledgement of receipt on a durable medium (Article L. 221-21, paragraph 2 of the Consumer Code).

It is important to note that the responsibility for proving the exercise of the right of withdrawal lies with the consumer (Article L. 221-22 of the Consumer Code).

Specific case of products

If it concerns a product, the consumer has a period of 14 days to return the product to the professional.

Specific case of service provision

If the contract subjects the consumer to an obligation to pay and if the consumer wishes the performance of this contract to begin before the end of the 14-day withdrawal period, the professional must obtain their express request, by any means for contracts concluded at a distance (Article L. 221-25, para. 1 of the Consumer Code).

The consequences of withdrawal

In the event of withdrawal, you must fully reimburse the customer.

These costs also include the costs of transport and return of the products.

This reimbursement must take place within a period of 14 days from the date of receipt of knowledge of the consumer's decision to withdraw, in accordance with Article L. 221-14 of the Consumer Code. This period may be deferred, in the case of the delivery of goods, until the goods are recovered or until the consumer has provided proof of the dispatch of these goods, the date used being that of the first of these events.

The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to the use of another means of payment and provided that the reimbursement does not incur any cost for the consumer.

Furthermore, there are no penalties for withdrawal - you cannot impose any charges on customers who choose to withdraw.

Specific case of service provision

A consumer who has exercised their right of withdrawal from a contract whose performance has begun, at their express request, before the end of the withdrawal period must pay the professional an amount corresponding to the service provided up to the communication of their decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided (Article L. 221-5 para. 2 of the Consumer Code).

Delay in reimbursing the amounts

In the event of a delay in reimbursement, the professional must reimburse the amounts increased according to the number of days of delay:

Exception to the right of withdrawal

However, there are exceptions to this rule: for example, certain unpacked products can no longer be subject to a right of withdrawal.

In accordance with Article L. 221-28 of the Consumer Code, this includes in particular the following contracts:

1° For the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, whose performance began with their prior and express consent and with their acknowledgement of the loss of their right of withdrawal, once the service has been fully performed by the professional;

2° For the provision of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;

3° For the provision of goods made according to the consumer's specifications or clearly personalised;

4° For the provision of goods likely to deteriorate or expire rapidly;

5° For the provision of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;

6° For the provision of goods that, after having been delivered and by their nature, are inseparably mixed with other items;

7° For the provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of the spare parts and work strictly necessary to respond to the emergency;

9° For the provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° For the provision of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded at a public auction;

12° For the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or during a specific period;

13° For the provision of digital content not supplied on a tangible medium whose performance began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, where:

1. a) They gave their prior express consent for the performance of the contract to begin before the expiry of the withdrawal period; and
2. b) They acknowledged that they would lose their right of withdrawal; and
3. c) The professional provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.

Penalty for non-compliance

Professionals are liable to an administrative fine of:

75,000 euros in the event of a breach of their obligation to provide information or in connection with the terms of exercise of the right of withdrawal.

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If you need help reviewing your General Terms and Conditions of Sale, adjusting your internal processes or simply obtaining advice on the right of withdrawal, do not hesitate to contact me.

I am here to help you navigate these complex legal waters.

Take the first step towards compliance and peace of mind by contacting me today.