Bought something online and changed your mind? Here’s what you need to know about the right of cancellation

What is the right of cancellation?

The right of cancellation allows consumers to cancel a contract concluded at a distance, for example online, without having to give a reason.

This does not only apply to traditional online purchases. The right of cancellation may also apply, for example, when a consumer signs a credit agreement to purchase a car, enters into a brokerage agreement with a real estate agency, or takes out an insurance policy.

If a consumer purchases something in a physical store, the purchase is generally final. In most cases, the consumer can no longer change their mind. Under certain conditions, the right of cancellation also does not apply to contracts concluded at trade fairs or exhibitions. In such cases, the seller determines the applicable conditions and decides whether exchanges or refunds are possible.

In the case of distance selling, the right of cancellation only applies if the entire purchasing process takes place remotely. For example, if a customer first receives a quotation in a store and later confirms it by telephone or email, this does not qualify as a distance sale.

The right of cancellation also applies when an online store targets Belgian consumers, even if the product is shipped from another country. For purchases made through online stores outside the European Union, its application depends on the terms and conditions of the online store concerned.

Does the right of cancellation also apply to businesses?

For businesses, this statutory protection does not apply automatically. In most cases, a business therefore cannot simply cancel an order.

The situation may be different if the terms and conditions expressly provide for a right of return or the possibility of cancellation. If they do not contain any provisions to this effect, the purchase is generally binding.

Terms and procedures

How does the right of cancellation work?

Consumers can exercise their right of cancellation without giving a reason and without having to pay any compensation.

They can do so in several ways:

• by using a model withdrawal form, available, among other places, on the website of the Belgian FPS Economy;

• by making a clear and unequivocal statement, for example by email;

• online via the seller’s website, if this option is provided.

How long is the cancellation period?

The right of cancellation must be exercised within 14 days.

For services, this period begins on the day the contract is concluded. For the sale of goods, the period begins on the day the buyer takes physical possession of the goods.

When does the seller have to issue a refund?

Following a valid withdrawal, the buyer is entitled to a full refund within 14 days.

However, the seller may postpone the refund until the goods have been returned or until they have received proof that the goods have been sent back.

Who pays the delivery and return costs?

Although consumers are generally entitled to a full refund, they may have to bear certain costs themselves.

This is the case, for example, if the buyer chooses a delivery method other than the less expensive standard delivery option offered by the seller.

The direct costs of returning the goods are also generally borne by the buyer, unless the seller failed to expressly state that these costs would be payable by the buyer.

What if the product has already been used?

The buyer may be liable for any diminished value of the goods.

Consumers may test a product in the same way as they would be able to in a physical store. For example, they may try on clothing without removing the labels.

If the consumer uses the product beyond what is necessary to assess it, they may be required to compensate the seller for the resulting loss in value.

When does the right of cancellation not apply?

The law sets out a number of situations in which consumers cannot exercise the right of cancellation .

These include:

• personalised goods;

• goods with a limited shelf life;

• contracts concluded at public auctions;

• betting and lotteries.

Why an online store’s terms and conditions matter

An online store must take more than just the right of cancellation into account. It is also important to consider whether its terms and conditions are legally enforceable.

It is not enough for the terms and conditions simply to appear somewhere on the website. To make them enforceable, customers must be able to review and accept them before placing their order. Merely referring to them afterwards, for example in the order confirmation, is not sufficient. Acceptance may be express or implied. In practice, the best approach is to include a link to the terms and conditions in the checkout process, together with a box that the customer must actively tick.

Terms and conditions for sales to consumers

Do you sell to consumers? If so, additional consumer protection rules apply. Customers must not only have access to the terms and conditions, but also to mandatory information concerning, among other things:

• the price;

• the payment method;

• delivery;

• the seller’s identity;

• contact details;

• the conditions and procedures for exercising the right of cancellation.

In addition, your terms and conditions must not contain clauses that are unreasonable or create an unfair imbalance to the detriment of the consumer.

Terms and conditions for sales to businesses

Do you sell to businesses? If so, you generally have greater contractual freedom. Nevertheless, even in a B2B context, you must be able to demonstrate that the customer had the opportunity to review the terms and conditions in good time.

According to the Belgian Court of Cassation, a reasonable opportunity to review the terms and conditions is sufficient, for example via a hyperlink, provided that the customer can access, save and print them beforehand.

It is also important to ensure that your terms and conditions comply with the B2B rules on unfair contract terms.