Withdrawal, Returns and Legal Guarantee: Differences and When Each Applies
A customer contacts you to return a product. They may have changed their mind about the purchase, the product may not be what they expected, or it may have broken down after a few months. For the customer, it is always “a return,” but legally these are different situations, with different deadlines, requirements, and costs. […]
A customer contacts you to return a product. They may have changed their mind about the purchase, the product may not be what they expected, or it may have broken down after a few months. For the customer, it is always “a return,” but legally these are different situations, with different deadlines, requirements, and costs.
That is why confusing returns, guarantees, and the right of withdrawal can have consequences for your ecommerce business, as you may be accepting returns that you are not required to accept or rejecting others that you are legally required to handle.
In this article, we explain the differences between the right of withdrawal, returns, and the legal guarantee, when each applies, and how to correctly reflect them in your ecommerce terms and conditions.
1. Right of Withdrawal
The right of withdrawal is the consumer's right to cancel a contract without having to justify their decision and without penalty. In other words, consumers can change their mind about a purchase even if the product is in perfect condition.
When do you have the right to withdraw?
The law recognizes the right of withdrawal for distance purchases or purchases made outside business premises. However, there is no right of withdrawal for purchases made in a physical store.
What is the withdrawal period?
The period for exercising the right of withdrawal is limited and starts from receipt of the product or from the conclusion of the service contract. The deadlines are as follows:
14 calendar days from receipt of the product or from entering into a service contract.
For example, on Tuesday, November 3, you purchase a pair of trainers from an online store. They are delivered to you on Friday, November 6. When you take them out of the box, you realize that you are not convinced by them and do not really like them.
The withdrawal period starts when you receive the product, not when you pay for it. Therefore, you have 14 calendar days from November 6, meaning that you have the right to withdraw until Friday, November 20, inclusive, since calendar days include Saturdays, Sundays, and public holidays.
30 calendar days for sales made at the consumer's home or during organized excursions for sales purposes.
Let's look at an example. A salesperson from a water purifier company knocks on your door on a Tuesday afternoon without having been notified or invited. They give you a demonstration in your living room, and you sign a €1,200 contract for a unit. The unit is delivered on the 10th of the month.
Because the visit was unsolicited, you have 30 calendar days, not 14, to change your mind. The period starts on the 10th, when you receive the equipment, and you can withdraw without giving any explanation.
At this point, it should be noted that if the seller did not inform you about this right of withdrawal, the period for exercising it is extended by 12 additional months.
How is the right of withdrawal exercised?
To exercise the right of withdrawal, consumers may use the model withdrawal form provided by consumer legislation or any unequivocal statement.
However, since June 19, 2026, withdrawing has become much easier than sending this form because Directive (EU) 2023/2673 came into force and introduced the “withdrawal button.” This button means that for any distance contract concluded online, the trader must ensure that consumers can withdraw just as easily as they entered into the contract.
The requirements for this withdrawal button are:
It must be permanently and prominently accessible throughout the withdrawal period.
The button must display the wording “withdraw from the contract here” or an equally clear and unambiguous formulation.
Immediate acknowledgement of receipt must be provided, with the trader promptly sending the consumer a confirmation on a durable medium specifying the content, date, and time of submission.
What money is refunded when exercising the right of withdrawal?
Once the right of withdrawal has been exercised, the seller has certain refund obligations and the customer has certain return obligations. The main rules are:
The seller must refund everything paid, including standard delivery costs, within a maximum of 14 calendar days from the date on which the customer communicates their decision to withdraw.
The seller may withhold the refund until the product has been received or the customer has provided proof that it has been returned.
Normally, the customer pays the cost of returning the product. The customer does not have to pay the return costs in two cases:
if the seller decides to cover the costs;
if the seller did not inform the customer before the purchase that the customer would be responsible for the return costs.
Let's continue with the trainers example to see how the refund rules work in practice.
A customer purchases a pair of trainers from your online store for €89.90 + €4.95 standard delivery. They receive them on November 6 and email you on November 18 stating that they wish to withdraw from the purchase. They are within the 14-calendar-day period, so the withdrawal is valid. From that point, these are the deadlines and amounts you must comply with:
Refund deadline. You have 14 calendar days from the date on which the customer communicates their decision to withdraw to refund the money. Therefore, you have until December 2.
Amount to be refunded. You must refund the price of the trainers plus the standard delivery cost, which in this case is €94.85. However, if the customer chose express delivery at €9.95, you only have to refund the cost of standard delivery, not the additional express-delivery charge.
Payment method. The refund must be made using the same payment method the customer used, unless the customer expressly agrees to another method and it does not involve any cost for them.
Customer's return deadline. The customer has 14 calendar days from communicating their withdrawal to return the product to you, meaning until December 2.
Withholding the refund. The customer sends the trainers back on November 21 and they arrive on November 25. You may wait until you receive them before issuing the refund, or you may refund the customer once they provide evidence that they have sent them back, such as a receipt from the carrier.
Return shipping costs. Responsibility for the return shipping costs depends on:
If you informed the customer before the purchase that return costs would be their responsibility, the customer pays the return transportation costs.
If you did not inform them, or you decide to cover the costs, your business pays those costs.
Exceptions: when you cannot withdraw
The law excludes the right of withdrawal for certain products and services due to their nature.
Personalized or made-to-measure goods produced according to the consumer's specifications.
Perishable goods, meaning products that can deteriorate or expire quickly, such as fresh food.
Sealed goods for health or hygiene reasons that are not suitable for return once unsealed. Cosmetics are an example.
Goods that have been inseparably mixed with other goods after delivery.
Digital content. The right of withdrawal is lost once performance begins, meaning as soon as the content is downloaded or viewed, provided that the consumer gave prior consent and was aware that they would lose their right of withdrawal. 💡If you want to know how the right of withdrawal applies to subscriptions, don't miss our article.
Fully performed services. Where the service has been fully performed, provided that performance began with the user's prior consent and their acknowledgement that they would lose the right of withdrawal once the service was completed.
Unsealed software and video or audio recordings that have been unsealed after delivery.
Daily newspapers, periodicals, or magazines, except for subscription contracts.
Services involving a specific date or period, including accommodation other than residential accommodation, transport of goods, car rental, catering, or leisure services.
2. What is the Legal Guarantee?
The legal guarantee protects consumers against a lack of conformity of the goods, which occurs in the following cases:
The product does not correspond to the description, type, quantity, or quality agreed in the contract.
It is not fit for the purposes for which goods of the same type are normally used.
It has operating defects, manufacturing defects, or unexpected and premature deterioration.
Unlike the right of withdrawal, the legal guarantee does not address a change of mind by the customer, but rather a contractual breach by the seller concerning the quality and usefulness of the product.
Duration
In Spain, the guarantee has specific periods:
New movable goods:3 years from the date of delivery.
Second-hand goods: A shorter period may be agreed between the business and the consumer, but it can never be less than 1 year from delivery.
Digital content or services:2 years from supply.
What can you demand under the legal guarantee?
In the event of a lack of conformity, consumers have a set of legal remedies designed to restore contractual fairness:
Repair or replacement: The customer may freely choose between having the product repaired or having it replaced with a new identical product, provided that the chosen option is not technically impossible or disproportionate for the seller.
It is important to highlight Directive (EU) 2024/1799, which aims to prioritize repair over replacement. Accordingly, when a consumer chooses repair as the corrective measure to restore conformity of a defective product covered by the legal guarantee, the seller's liability period (guarantee period) is extended once by an additional 12 months.
Price reduction or termination of the contract: If repair or replacement is not carried out within a reasonable period, does not remedy the defect, or causes greater inconvenience, the consumer may request a proportional price reduction or termination of the contract with a full refund of the amount paid.
All these remedies must be completely free of charge for the consumer, including shipping, labor, and materials, and must be carried out within a reasonable period.
Let's continue with the trainers example, but this time they are made of leather and, on the day the customer receives them, they open the box and notice a stain. This constitutes a lack of conformity because the product is not as it should be. The defect exists from the outset and is presumed to be a manufacturing defect. Let's look at the available options:
Repair or replacement. The customer may choose between repair and replacement. Repair could involve, for example, professional cleaning or leather treatment. Replacement means sending the customer a new pair of trainers.
You may only refuse the option chosen by the customer if it is impossible or would involve disproportionate costs compared with the alternative. These options are completely free of charge for the customer: your business must cover the return and replacement shipping, labor, and materials.
Price reduction or termination. If the stain cannot be removed, repair is not viable, and you cannot replace the trainers, the customer may request a price reduction or termination of the contract, with a refund within 14 days.
Do not confuse the legal guarantee with the commercial guarantee
A commercial guarantee is a voluntary and additional commitment offered by the business or manufacturer. It provides coverage, services, or benefits in addition to those required by law, such as extended periods, maintenance, or specific coverage.
However, it can never replace or restrict the rights provided by the legal guarantee and must expressly state that the consumer's statutory remedies remain unaffected.
What changes with Directive (EU) 2024/825? The harmonized notice and GARAN label
The directive amends Directive 2011/83/EU on consumer rights to ensure that sellers provide better information about guarantees. It does so through two uniform design instruments throughout the EU (Article 22a), each with a different purpose:
Harmonized notice concerning the legal guarantee (mandatory). It reminds consumers that the legal guarantee of conformity exists, outlines its main elements, states its minimum duration of two years, and explains that national law may establish a longer period. In Spain, national law establishes a duration of 3 years.
Harmonized “GARAN” label for the producer's commercial durability guarantee. This label indicates that a particular product has a producer's durability guarantee, specifies its duration, and reminds consumers that the legal guarantee remains applicable.
💡Want to know more about these obligations? At Lawwwing, we have prepared an article and this GUIDE so that you can easily add these mandatory labels to your website.
3. What is a Return?
This is where the most common confusion arises: “return” is not an independent legal right granted by law. A return is simply the act of returning a product, and it can occur in three different situations:
After exercising the right of withdrawal: the customer returns the goods and receives their money back.
After terminating the contract under the legal guarantee: if the product does not conform and repair or replacement does not work, the customer returns the product at the seller's expense and receives a refund of the price.
Under the store's commercial policy: many ecommerce businesses voluntarily offer “30-day returns.” This is a voluntary commercial policy and is governed by the conditions established by the business.
Comparison Table: Withdrawal, Legal Guarantee and Return
Right of Withdrawal
Legal Guarantee
Return
Legal concept
Consumer's right to cancel a contract without having to justify the decision and without penalty.
Consumer protection against a lack of conformity, defect, or failure of the product.
The act of physically returning a product; it is not an independent legal right in itself.
Reason
Buyer's regret or change of mind, even if the product is in perfect condition.
Seller's contractual breach concerning the quality, characteristics, or functioning of the goods.
Practical procedure resulting from withdrawal, termination under the guarantee, or a voluntary commercial policy.
Scope
Mandatory for distance sales (online) or sales made outside business premises.
Applies to all sales of movable goods (new and second-hand) and digital content or services.
Depends on the situation: legal rules for online purchases/guarantees or private policies in physical stores.
Legal period
14 calendar days from receipt (or 30 days for unsolicited home visits or excursions). Extended by 12 months if the consumer was not informed.
3 years for new movable goods, at least 1 year for second-hand goods, and 2 years for digital content/services.
The period established by the withdrawal/guarantee rules or freely established by the store (e.g. 30 days).
Remedies / Options
Return of the goods and full reimbursement of the amounts paid.
Free repair or replacement; if these fail or are impossible, price reduction or termination.
Refund, product exchange, or store credit, depending on the legal basis or commercial policy applied.
Allocation of costs
The seller refunds the price and standard delivery costs within a maximum of 14 days. Return transportation is paid by the customer unless the store assumes the cost or failed to provide the required information.
Completely free of charge for the customer (the seller covers outbound and return shipping, labor, and materials).
Varies depending on the reason: paid by the customer or the store according to the withdrawal rules, guarantee, or commercial policy.
Key exceptions
Does not apply to personalized goods, perishables, unsealed goods protected for health/hygiene reasons, executed digital content, etc.
Does not cover misuse or improper handling by the customer, but rather defects existing at the origin or lack of conformity.
If based on a voluntary commercial policy, the business freely establishes its own acceptance conditions.
Conclusion
Outdated legal wording can lead to claims, returns that you were not required to accept, and penalties. This is whyLawwwing automates your legal texts and terms and conditions so that they are adapted to your needs and correctly regulate the right of withdrawal, guarantees, and returns. In addition, your legal texts will always be kept up to date with the applicable legislation so that your terms and conditions remain compliant.
Don't wait any longer! Stay compliant with Lawwwing.
