When a consumer purchases a personalized product remotely, it is agreed that they do not have the usual 14-day withdrawal period as when ordering a product online.
However, a few nuances apply to this rule. The customer can choose certain options provided by the seller, which can establish that the purchase does not actually constitute a customized order.
The web writer of the site must be clear and precise on this subject to avoid misunderstandings, and it is important to state on the product page when a product cannot be returned.
Discover the details regarding the right of withdrawal for personalized products in e-commerce.
How does the right of withdrawal work for personalized products?
Personalized products, from a legal standpoint, do not benefit from the right of withdrawal, for obvious reasons related to the seller's inability to resell the item. Thus, there is no right of withdrawal for this type of product.
That said, the product must indeed be considered clearly customized, or made to order. This is a nuance of real importance that can change the outcome.
What is a personalized product?
The term “clearly customized” can be ambiguous and subject to multiple interpretations, which is why it needs clarification.
Legally, a product is considered clearly customized when it requires specific and unusual work from the seller, sufficient to make it a customized product within the meaning of the Consumer Code.
Thus, choosing the color for a product or adding certain features or options offered by the seller is not enough to make that product personalized.
However, asking the seller for specific work that is not offered among the seller's options constitutes a made-to-order case, and in that situation the right of withdrawal does not apply.
Are options considered personalization?
Options are modifications or arrangements that the seller allows the customer to choose.
Consequently, the customer is merely choosing one of the multiple choices offered by the seller. This is therefore not considered personalization under the law.
Thus, purchasing a product online based on a choice among the options offered is indeed eligible for the right of withdrawal, provided that the product does not fall into the categories that exclude it from this right (those we mentioned earlier).
Does the right of withdrawal apply to personalized products?
If a customer proceeds to purchase a product legally considered clearly personalized, they automatically deprives them of the right of withdrawalIt is therefore preferable for them to be sure of their choices so they do not regret them.
As the seller, you can warn them of this. You can also inform them of the modifications you offer (if any), which are included in the right of withdrawal.
If the customer still decides to choose a personalized product, you may refuse any right of withdrawal, because they no longer have that right.
However, depending on the situation, they can request cancellation of the order by explaining the reasons for the cancellation, if it has not yet been started.
Nevertheless, you are not obligated to accept this order cancellation.
In general, how does the right of withdrawal work online?
In France, a customer who shops online has a 14-day period to change their mind and cancel the order. This is the right of withdrawal.
If the customer exercises this right, the seller is obliged to refund the goods or service originally ordered.
It is important to note, however, that certain categories of products are not covered by this right of withdrawal. These include products that can deteriorate or perish quickly, such as food products (except those with a minimum durability date).
Many other products are excluded from the right of withdrawal, such as the following:
- Products whose price heavily depends on market fluctuations, such as gold;
- Goods that cannot be returned for hygiene reasons after opening the packaging (such as underwear or certain cosmetics);
- Products that cannot be separated from other items, such as a TV remote control;
- Opened DVDs or computer software;
- Clearly personalized or custom-made goods;
- Certain alcoholic beverages whose delivery date is deferred beyond one month and whose value is significantly dependent on market fluctuations;
- Any product whose purchase was concluded during a public auction.
Calculation of the right of withdrawal
The right of withdrawal applies from the day after the contract is concluded between the customer and the seller. If the expiry of this period, that is the 14 days that follow, falls on a weekend or a public holiday, the period is then extended until the next working day.
Note that the right of withdrawal can be extended by the seller if the seller wishes to offer this option to the customer. However, it cannot be shortened.
Finally, it should be noted that second-hand, clearance or discounted products are also subject to the right of withdrawal, if their nature makes them eligible for this right.
How to exercise your right of withdrawal?
If the product ordered by a customer is not a clearly personalized good and does not fall into the categories excluded from the right of withdrawal, they can therefore cancel the order within the allotted time.
To do so, it is not enough to simply return the product after delivery. It is important to accompany this return with a declaration of withdrawal.
This can be done by completing a standard withdrawal form offered by the seller or, where appropriate, by attaching a simple written notice expressing your wish to cancel the order.
The seller cannot require specific conditions regarding the sending of this notice, such as requesting a registered letter with acknowledgment of receipt.
Our tip to limit return requests
As an online seller, you must clearly specify the delivery terms as well as the customer's right of withdrawal. For your personalized products, it is also important to inform the customer that purchasing these products does not grant the right of withdrawal.
This applies only if the product is "clearly personalized" and does not result from an optional choice that you offer them.
To properly inform your customers, write complete product pages on your site. You can make use of a web copywriter's services for your e-commerce site thanks to our content writing platform. Place an order to find a copywriter who will be able to write your site's content properly while providing the details the customer needs.
The article Right of withdrawal for a personalized product: what is the rule? Originally appeared on Redacteur.com.
