Withdrawal

Right of Withdrawal – Articles VI.47 to VI.53 of the Belgian Economic Code

Article VI.47 – Right of withdrawal

§1. The consumer has a period of fourteen days to withdraw from a distance contract without giving any reason and without incurring any costs other than those provided for in Articles VI.50 §2 and VI.51.

§2. The withdrawal period shall expire fourteen days after:

in the case of service contracts, the day the contract is concluded;
in the case of sales contracts, the day on which the consumer or a third party designated by them (other than the carrier) takes physical possession of the goods;
in the case of contracts for multiple goods ordered in one order and delivered separately, the day on which the consumer takes possession of the last item;
in the case of contracts for regular delivery of goods over a defined period, the day on which the consumer takes possession of the first item.

§3. If the consumer has not been informed of their right of withdrawal, the withdrawal period shall be extended by twelve months from the end of the initial period. If the information is provided during this extended period, the fourteen-day withdrawal period starts from the date the information is received.

Article VI.48 – Exercise of the right of withdrawal

The consumer must inform the seller of their decision to withdraw before the expiry of the deadline, by means of an unambiguous statement or by using the standard withdrawal form (see annex).

Article VI.49 – Effects of withdrawal

In the event of a valid withdrawal, the seller shall reimburse all payments received from the consumer, including standard delivery costs, no later than fourteen days from the date on which they are informed of the withdrawal.

The refund shall be made using the same payment method as the original transaction, unless expressly agreed otherwise.

Article VI.50 – Obligations of the consumer

§1. The consumer shall return the goods or hand them over to the seller (or to a person authorised by the seller) within fourteen days of notifying the withdrawal decision.

§2. The consumer shall bear the direct cost of returning the goods.

§3. The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Article VI.51 – Performance of services during the withdrawal period

In the case of services, performance may only begin during the withdrawal period if the consumer has expressly requested it. If the consumer withdraws after the performance has started, they shall pay an amount proportional to the services provided.

❌ Exceptions to the right of withdrawal (Article VI.53)

The consumer may not exercise the right of withdrawal for the following contracts:

The supply of goods made to the consumer’s specifications or clearly personalised.
The supply of goods that are liable to deteriorate or expire rapidly.
The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, and which were unsealed after delivery.
The supply of goods which, after delivery, are inseparably mixed with other items.
The supply of alcoholic beverages for which the price was agreed upon at the time of contract conclusion, the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations.
The supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery.
The supply of digital content not provided on a tangible medium, if performance has begun with the consumer’s prior consent and they have acknowledged the loss of their right of withdrawal.
Services fully performed before the end of the withdrawal period, where performance began with the consumer’s prior express consent and acknowledgment that they waive the right of withdrawal.
Contracts concluded at public auctions.
Contracts for accommodation services, transport, catering or leisure activities if the contract provides for a specific date or period of performance.