Can I deny returns of undamaged dietary supplements in the European Union?

Question from Eddie, Can I deny returns of undamaged dietary supplements in the European Union?

Answer from AI:

In Germany, as a seller of dietary supplements, you must comply with the European Union (EU) and German consumer protection laws. These laws provide consumers with certain rights when it comes to returning products, including dietary supplements. However, there are exceptions to these rights, and it is essential to understand when you can deny returns.

Consumer Rights in the European Union

In the EU, consumers have the right to return products purchased online or from a distance within 14 days without providing a reason. This is known as the “cooling-off period.” The EU Consumer Rights Directive (2011/83/EU) governs this right. However, there are exceptions to this rule, which may apply to dietary supplements.

Exceptions to the cooling-off period:

• Sealed goods that are not suitable for return due to health protection or hygiene reasons, if unsealed by the consumer after delivery (Article 16(e) of the Consumer Rights Directive)
• Goods that are likely to deteriorate or expire rapidly (Article 16(f) of the Consumer Rights Directive)

German Consumer Protection Laws

In Germany, the Widerrufsrecht (right of withdrawal) is regulated by the Bürgerliches Gesetzbuch (BGB), the German Civil Code. The BGB also provides a 14-day cooling-off period for distance contracts, similar to the EU Consumer Rights Directive. The exceptions mentioned above also apply under German law.

Denying Returns of Dietary Supplements

As a seller of dietary supplements, you may be within your rights to deny returns of undamaged products if the product falls under one of the exceptions mentioned above. For example, if the dietary supplement is a sealed product and the consumer has unsealed it, you may deny the return due to health protection or hygiene reasons.

However, it is crucial to clearly inform your customers about their right of withdrawal and any applicable exceptions before they make a purchase. Failure to provide this information may result in an extended cooling-off period for the consumer.

Seeking Legal Advice

To ensure compliance with EU and German consumer protection laws, it is recommended that you consult with a legal professional for personalized advice. They can help you understand your rights and obligations as a seller of dietary supplements and guide you in creating a compliant return policy.

In conclusion, you may be within your rights to deny returns of undamaged dietary supplements in certain situations, such as when the product is unsealed by the consumer. However, it is essential to understand the applicable laws and exceptions and seek legal advice to ensure compliance.