# Right of withdrawal

Status as at 2026-08-05.

Arts 9 to 16 of **Directive 2011/83/EU**, as amended by Directive (EU) 2019/2161 and Directive (EU) 2023/2673. A Directive: the periods, the model form and the wording of the instruction all exist in national law, and several points are member-state options. Never cite Art 9 of the directive at a consumer.

## Terminology

The English of the directive is "**withdrawal**". Member states use their own term and it is frequently not a literal translation — Austria says *Rücktritt*, Germany says *Widerruf*. Do not carry one member state's term into another's text. The only thing that travels is the **model withdrawal form** in Annex I(B), because it comes from the directive's annex.

## Period — Art 9

- **Art 9(1)**: 14 days, without giving any reason and without incurring any costs other than those in Art 13(2) and Art 14.
- **Art 9(1a)** (Omnibus, member-state option): member states **may** extend the period to **30 days** for contracts concluded in the context of unsolicited visits by a trader to a consumer's home, or excursions organised by a trader with the aim of promoting or selling products. This is a national-option point — do not assume 14 days without checking.
- **Art 9(2)** start of the period:
  - service contracts, and water, gas, electricity not put up for sale in a limited volume, and district heating: from the **day of conclusion**
  - digital content not supplied on a tangible medium: from the day of conclusion
  - sales contracts: from the day the consumer or a third party indicated by the consumer, other than the carrier, **acquires physical possession** — with (i) the last good where multiple goods ordered in one order are delivered separately, (ii) the last lot or piece for a good consisting of multiple lots, (iii) the first good for contracts for regular delivery over a defined period

## Failure to inform — Art 10

- **Art 10(1)**: if the trader has not provided the Art 6(1)(h) withdrawal information, the withdrawal period **expires 12 months from the end of the initial period**.
- **Art 10(2)**: if the trader supplies that information within those 12 months, the period expires 14 days — or 30 days where Art 9(1a) applies — after the day the consumer receives it.

A missing or wrong withdrawal instruction therefore keeps the contract cancellable for over a year. This is the reason the instruction has to be right, not approximately right.

## Exercising the right — Art 11 and Art 11a

- **Art 11(1)**: the consumer may use the model form in **Annex I(B)** or make any other unequivocal statement. Member states may not impose formal requirements on the model form other than those set out in Annex I(B).
- **Art 11(2)**: the deadline is met if the communication is **sent** before the period expires.
- **Art 11(3)**: the trader **may** additionally offer an electronic withdrawal form or statement on its website; if it does, it must acknowledge receipt on a durable medium without delay.
- **Art 11(4)**: the burden of proving that withdrawal was exercised is on the consumer.

**Art 11a — mandatory withdrawal function, applicable since 19.06.2026** (Directive (EU) 2023/2673). For contracts concluded by means of an online interface the trader must provide a withdrawal function labelled "withdraw from contract here" or an unambiguous corresponding formulation, easily legible, **continuously available throughout the withdrawal period**, prominently displayed and easily accessible; a **separate confirmation function labelled only with "confirm withdrawal"**; and a durable-medium acknowledgement recording the content of the statement and the date and time of submission. Recital 37 of Directive (EU) 2023/2673 makes clear it applies to all distance contracts subject to a withdrawal right, not only to financial services.

Art 11a is optional-for-the-trader Art 11(3) turned into a duty. If a project has "we may offer an electronic withdrawal form" in its notes, that note is out of date.

## Effects — Arts 13 and 14

Trader (Art 13):

- reimburse **all payments received, including delivery costs**, without undue delay and at the latest **14 days** from being informed of the withdrawal
- use the **same means of payment** as the consumer used, unless the consumer expressly agreed otherwise and incurs no fees
- 13(2): no obligation to reimburse supplementary costs where the consumer expressly chose a delivery type more expensive than the cheapest standard delivery
- 13(3): for sales contracts, may withhold reimbursement until the goods are returned or the consumer supplies evidence of dispatch, whichever is earlier
- 13(4)–(8) (Omnibus): comply with the GDPR as regards the consumer's personal data; refrain from using non-personal content the consumer provided or created, with the carve-outs in 13(6)(a)–(d); on request make such content available free of charge, within a reasonable time and in a **commonly used machine-readable format**; may prevent further use of the digital content or service, in particular by making it inaccessible or disabling the account

Consumer (Art 14):

- send back the goods within **14 days** of communicating the withdrawal; bears the **direct cost of return** unless the trader agreed to bear it or **failed to inform** the consumer of that cost
- 14(2): liable only for any diminished value resulting from handling **beyond what is necessary to establish the nature, characteristics and functioning** of the goods — and **not liable at all** where the trader failed to give the Art 6(1)(h) information
- 14(2a): must refrain from using the digital content or digital service and from making it available to third parties
- 14(3): where performance began following an Art 7(3)/8(8) request, pays an amount **proportionate to what has been supplied** relative to the full contract coverage, calculated on the basis of the total price, or on market value where the total price is excessive
- 14(4): bears **no cost at all** for services performed, or digital content supplied, during the withdrawal period where the trader failed to provide the Art 6(1)(h) or (j) information, or where the consumer did not give the express prior consent / acknowledgement

## Exceptions — Art 16

Member states shall not provide for a withdrawal right in respect of:

| Point | Exception |
|---|---|
| (a) | service contracts **fully performed** — but where the contract places the consumer under an obligation to pay, only if performance began with the consumer's prior express consent **and** acknowledgement that the right will be lost on full performance |
| (b) | goods or services whose price depends on financial-market fluctuations outside the trader's control |
| (c) | goods made to the consumer's specifications or clearly personalised |
| (d) | goods liable to deteriorate or expire rapidly |
| (e) | sealed goods not suitable for return for health protection or hygiene reasons, unsealed after delivery |
| (f) | goods inseparably mixed with other items after delivery |
| (g) | alcoholic beverages whose price was agreed at conclusion, delivery only after 30 days, value dependent on market fluctuations |
| (h) | urgent repairs or maintenance specifically requested by the consumer, with a carve-back for additional services or goods supplied on the occasion |
| (i) | sealed audio or video recordings or sealed computer software, unsealed after delivery |
| (j) | a newspaper, periodical or magazine, except subscription contracts |
| (k) | public auctions |
| (l) | accommodation other than for residential purposes, transport of goods, vehicle rental, catering, or services related to leisure activities, where the contract provides for a **specific date or period of performance** |
| **(m)** | **digital content not supplied on a tangible medium, where performance has begun and — where the contract places the consumer under an obligation to pay — (i) the consumer gave prior express consent to begin performance during the withdrawal period, (ii) acknowledged losing the right, and (iii) the trader provided confirmation under Art 7(2) or 8(7)** |

Two member-state options in Art 16 (Omnibus): a derogation from (a), (b), (c) and (e) for unsolicited-visit and promotional-excursion contracts; and loss of the right after full performance for consumer-requested repairs. National layer.

**The personal-data trap.** Points (a) and (m) were reconditioned by the Omnibus on the contract "placing the consumer under an obligation to pay". Where the counter-performance is **personal data only**, the consent-plus-acknowledgement mechanism has no application and the withdrawal right is **not extinguished** by full performance or by starting to supply. A free, data-funded digital service cannot switch off withdrawal with a checkbox.

The consent and acknowledgement under (a) and (m) must be **two separate, non-pre-ticked** acts, logged with a timestamp. A single "I agree to the terms" box does not carry them.

Nothing else on this list may be invented. "Only in original packaging", "only unopened", "no returns on sale items" are not exceptions.

## Template — withdrawal instruction

```html
<!-- DRAFT – NOT LEGALLY APPROVED -->
<h2>Right of withdrawal</h2>
<p>
  You have the right to withdraw from this contract within
  [[14 / 30 — national period]] days without giving any reason.
</p>
<p>
  The withdrawal period expires after [[PERIOD]] days from
  [[the day of conclusion of the contract | the day on which you or a third
  party other than the carrier indicated by you acquires physical possession of
  the goods | … last good | … last lot or piece | … first good]].
</p>
<p>
  To exercise the right of withdrawal, you must inform us
  ([[TRADER NAME, GEOGRAPHICAL ADDRESS, TELEPHONE, EMAIL]]) of your decision by
  an unequivocal statement. You may use the model withdrawal form below, or the
  withdrawal function on our website: <a href="[[URL]]">withdraw from contract here</a>.
</p>
<p>
  To meet the withdrawal deadline, it is sufficient for you to send your
  communication before the withdrawal period has expired.
</p>

<h3>Effects of withdrawal</h3>
<p>
  We will reimburse all payments received from you, including the costs of
  delivery (except for the supplementary costs arising if you chose a type of
  delivery other than the least expensive type of standard delivery we offer),
  without undue delay and not later than 14 days from the day we are informed of
  your decision. We will use the same means of payment you used, unless you have
  expressly agreed otherwise; you will not incur any fees as a result.
  [[Sales contracts: We may withhold reimbursement until we have received the
  goods back or you have supplied evidence of having sent them back.]]
</p>
<p>
  [[Sales contracts: You shall send back the goods without undue delay and in any
  event not later than 14 days from the day you communicate your withdrawal. You
  will have to bear the direct cost of returning the goods, [[estimated at AMOUNT]].]]
</p>
```

## Model withdrawal form

The authoritative text is the **national** transposition of Annex I(B). The directive's model reads, in substance:

```
<!-- DRAFT – NOT LEGALLY APPROVED -->
(Complete and return this form only if you wish to withdraw from the contract.)

To [[TRADER NAME, GEOGRAPHICAL ADDRESS, EMAIL ADDRESS]]:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of
sale of the following goods (*) / for the provision of the following service (*),

Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

(*) Delete as appropriate.
```

[[UNVERIFIED: this is the substance of Annex I(B) of Directive 2011/83/EU; reproduce the member state's own annex wording verbatim before publishing]]

The form must be downloadable and storable, not only pasted into a page.

## Checkpoints

- [ ] National withdrawal period used, and the Art 9(1a) 30-day option checked for the member state
- [ ] Start of the period matches the contract type (Art 9(2))
- [ ] The national term is used, not another member state's term
- [ ] Model withdrawal form provided, downloadable and storable (Art 6(1)(h), Annex I(B))
- [ ] **Withdrawal function in place, continuously available, with a separate "confirm withdrawal" step and durable-medium acknowledgement (Art 11a)**
- [ ] Trader contact details complete in the instruction
- [ ] Return costs stated, or borne by the trader (Art 14(1))
- [ ] Reimbursement within 14 days, same means of payment (Art 13(1))
- [ ] Digital content with immediate access: two separate, non-pre-ticked declarations logged with timestamps (Art 16(m))
- [ ] Data-funded free services: no withdrawal exclusion claimed under Art 16(a) or (m)
- [ ] No invented exceptions
- [ ] Consumer-created non-personal content retrievable in a commonly used machine-readable format (Art 13(6)–(8))
- [ ] Withdrawal instruction not confused with a German-style contract-termination button
- [ ] All `[[…]]` placeholders resolved or reported as open