In short. The right of withdrawal has 13 exhaustive exceptions (Article 16 of Directive 2011/83/EU; transposed in each Member State): personalised products, unsealed hygiene items, perishables, digital content already downloaded and others. The list is closed: a shop cannot invent its own, and it must inform, before purchase, which products are not eligible for withdrawal.
The right of withdrawal is the rule; the exceptions are the small print. And it is small print worth knowing in detail, because from 19 June 2026 the Directive (EU) 2023/2673 requires you to have a withdrawal button and seals every request with a date and time. Knowing which products are exempt from withdrawal —and, above all, which ones people believe are exempt but are not— is what separates a lawful policy from one that exposes you to fines of up to 4% of annual turnover. In this guide we go through the 13 exceptions with examples by sector and debunk the most expensive myths.
How many right of withdrawal exceptions are there?
There are 13 exceptions and they are exhaustive: a closed list that neither the shop nor the consumer can extend. They are set by Article 16 of Directive 2011/83/EU on consumer rights and transposed by each Member State — for example, Ireland's S.I. No. 484/2013, Spain's art. 103 TRLGDCU, France's art. L221-28 Code de la consommation, Germany's § 312g(2) BGB (for fully performed services and downloaded digital content, § 356(4)/(5) BGB), Italy's art. 59 Codice del Consumo, and Portugal's art. 17 Decreto-Lei 24/2014.
The list being closed has a huge practical consequence: if a product does not fit one of those 13 cases, the consumer can withdraw within 14 days, whatever your terms say. A clause along the lines of "no returns accepted" is null and void. The exceptions are also interpreted narrowly: when in doubt, the right to withdraw wins.
The 13 exceptions, one by one (with examples)
These are the 13 exceptions under Article 16 of Directive 2011/83/EU, with the type of shop each one usually affects:
| # | Exception | Typical example |
|---|---|---|
| 1 | Services fully performed, with the consumer's prior express consent and acknowledgement that the right is lost | A consultancy or online course completed at express request |
| 2 | Price tied to financial market fluctuations | Precious metals, currency |
| 3 | Personalised or made-to-measure goods | Engraving, made-to-measure clothing, canvas with the customer's photo |
| 4 | Goods that deteriorate or expire quickly | Fresh food, flowers, cake |
| 5 | Sealed goods unsuitable for return on hygiene grounds, once unsealed | Opened cosmetics, underwear, unsealed swimwear |
| 6 | Goods inseparably mixed after delivery | Fuel, tinted paint, poured aggregates |
| 7 | Alcoholic drinks whose value depends on the market, delivered after 30 days | Wine en primeur, wine investment |
| 8 | Urgent repair or maintenance requested by the customer | A technician called out to a requested fault |
| 9 | Sealed audio/video recordings or software, once unsealed | An opened CD, video game or physical software |
| 10 | Newspapers, periodicals or magazines (except subscriptions) | A single issue of a magazine |
| 11 | Contracts concluded at a public auction | A bid at an auction with physical attendance |
| 12 | Accommodation, transport, car hire, catering or leisure for a set date | A concert ticket, a hotel booking for a specific date |
| 13 | Digital content not on a tangible medium, if performance began with express consent, acknowledgement of losing the right and durable-medium confirmation | An ebook, film or software downloaded with your consent |
Four of these exceptions account for almost all of ecommerce's doubts: personalisation (3), the hygiene seal (5), perishables (4) and digital content (13). We look at them in more detail because they are also where most shops get it wrong.
Personalised and made-to-measure goods (exception 3)
The right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised: a ring with an engraving, a T-shirt with a text chosen by the customer, a piece of furniture cut to a specific size. The key is that the product loses its resale value because it was made for that person.
Watch out for the reverse myth: choosing between catalogue variants is not personalisation. Picking size 42 or the blue colourway of a model you already make in several sizes and colours does not turn the order into a personalised one. There the right of withdrawal still applies in full.
Sealed for hygiene or health reasons (exception 5)
This does not apply to goods that are sealed and unsuitable for return on health protection or hygiene grounds, if the customer has unsealed them after receipt. This is the exception for opened cosmetics, underwear, swimwear and intimate hygiene products. Two conditions are essential:
- The product must carry a real sanitary seal (the commercial box is not enough).
- The customer must have broken that seal. If it arrives and is returned unopened, the right of withdrawal still applies.
Here is one of fashion's most expensive mistakes: trying on a garment does not cancel the right of withdrawal. It is the same as examining it in a physical shop. You can only refuse the return if it is an item with a hygiene seal and the customer broke it. For everything else, what you can do is deduct the loss of value if the customer used it beyond what was needed to check its nature and functioning.
Perishables (exception 4)
This does not apply to goods that may deteriorate or expire quickly: fresh food, flowers, a personalised cake. It is a common-sense exception, but mind the nuance: a tin of preserves with a two-year shelf life is not perishable. The exception covers what spoils within days, not what simply has a distant expiry date.
Downloaded digital content (exception 13)
This does not apply to digital content on no tangible medium (an ebook, a film, downloadable software) if performance has already begun —that is, if the customer started the download or streaming— provided three things are met: the customer's express consent to start before the 14 days are up, acknowledgement that this loses them the right of withdrawal, and confirmation of the contract on a durable medium (an email or PDF). Without those three, you cannot refuse a refund. We develop this alongside the counting of the deadline in our guide to the 14-day withdrawal period and when it starts.
What is NOT a valid exception (myths that cost you dearly)
Just as important as knowing the 13 exceptions is knowing what does not exempt withdrawal, however much it circulates on merchant forums:
- "The product came back used / tried on." Trying and examining is a consumer's right. You can only deduct the loss of value from excessive use; you cannot refuse withdrawal (unless a hygiene seal is broken).
- "It was on sale or discounted." The price does not change the right. Discounted products can be withdrawn just the same.
- "It says so in my terms of sale." A clause does not create an exception. The list is legal and closed.
- "More than 14 days have passed." That is not an exception, it is the end of the deadline —and if you did not inform of the right, the deadline extends up to 12 months.
- "The original box is missing." The commercial box is not a sanitary seal. Its absence, at most, justifies a deduction for loss of value.
Turning any of these myths into a "no returns" policy is exactly the kind of dark pattern that European law targets. The return is the rule; the exception, the justified rarity.
Do you need the withdrawal button on an exempt product?
No, if the product is genuinely exempt. The Article 11a button (Directive 2023/2673) is only mandatory for contracts to which the right of withdrawal does apply. If your entire catalogue were made up of exempt products, the button obligation would not reach you.
But beware the easy conclusion: the vast majority of shops sell a mix of products with and without withdrawal. As soon as a single product in your catalogue allows withdrawal, the button is mandatory. And for the exempt ones you still have a key obligation: inform the customer, before purchase, that the product does not allow withdrawal (or of the circumstances in which they lose it) — a pre-contract information duty under Article 6(1) of the Directive. The effect of not informing, however, depends on the exception. For objective exclusions (personalised goods, perishables, sealed hygiene items and the like) the product stays excluded even without the notice: not informing is its own sanctionable breach of the information duties, but it does not hand the right back to the consumer. For services and digital content, the loss of the right does depend on having captured the consumer's express consent and their acknowledgement that they lose it (plus confirmation on a durable medium for digital content); without those, the consumer keeps the right. We explain this alongside the rest of the obligations in the complete guide to Directive (EU) 2023/2673 and in what Article 11a requires.
Frequently asked questions
How many right of withdrawal exceptions are there? Thirteen, set exhaustively by Article 16 of Directive 2011/83/EU (transposed in each Member State). The list is closed: a shop cannot add its own.
Can I refuse a return of clothing the customer has tried on? No, unless it is an unsealed hygiene item (underwear, swimwear). Trying on an ordinary garment does not cancel the right of withdrawal; at most you can deduct the loss of value from excessive use.
Can a personalised product be returned? No, if it is made to measure or clearly personalised (engraving, text to choice). Choosing a catalogue size or colour is not personalisation: there the right of withdrawal does apply.
Do I need the withdrawal button on an exempt product? The button is only mandatory for contracts with a right of withdrawal. If you sell a mix (the usual case), the button stays; and you must inform that the exempt product does not allow withdrawal.
What happens if I do not inform that a product is exempt? It depends on the type of exception. For objective exclusions (made-to-measure or personalised goods, perishables, sealed hygiene items), the product stays excluded even without the notice: the customer does not regain the right to withdraw. Not informing is a separate, sanctionable breach of the pre-contract information duties (Article 6(1) of Directive 2011/83/EU). For services and digital content, you lose the right only if you captured the customer's express consent and acknowledgement that they lose it (plus confirmation on a durable medium for digital content); without those, the customer keeps the right.
Conclusion
If you run a Shopify shop that sells to the European Union, the practical rule is this: start from the assumption that every product allows withdrawal and flag the exceptions one by one, only when they genuinely fit one of the 13 cases. Review your catalogue of personalised goods, sealed cosmetics/hygiene items, perishables and digital in particular, inform before purchase what does not allow withdrawal, and do not mistake "tried-on product" or "no box" for an exception. When the withdrawal button is left for what really needs it, and every request arrives sealed with a date and time, you stop arguing and start having evidence.
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Official sources
- Directive 2011/83/EU on consumer rights (Art. 16) — EUR-Lex
- Directive (EU) 2023/2673 — EUR-Lex
- S.I. No. 484/2013 — European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 — Irish Statute Book
Informational content; not legal advice. For specific cases, consult a lawyer specialised in consumer law.