When consumers in the European Union (EU), European Economic Area (EEA), and United Kingdom (UK) purchase online, they have certain basic rights including the Right of Withdrawal and the Conformity Guarantee. Therefore, merchants who sell to EU/EEA/UK are required to comply with the corresponding obligations under the Right of Withdrawal and Conformity Guarantee.
To help merchants better understand these two consumer rights and comply with their obligations in EU/EEA/UK, this article walks through a number of details about the Right of Withdrawal and Conformity Guarantee.
Right of Withdrawal
Consumers located in the EU/EEA/UK can withdraw from their purchase of physical goods for any reason within a period time, usually 14 calendar days from delivery (sometimes known as a cooling-off period). They return their purchase in exchange for a refund made to their original forms of payment and covering the original purchase price, and where selected by consumers, standard shipping fees.
Merchants who sell products to the EU/EEA/UK on Wish need to comply with their obligations of the Right of Withdrawal to honor a customer’s decision to cancel and to accept returns. After the Returns, Refunds, and Claims Policy come into effect in late October 2022, for any returns initiated by customers in the EU/EEA/UK within 14 calendar days after delivery, merchants are 100% of the cost of the refund and any associated standard shipping fees.
As a marketplace, Wish does not have any obligations or duties under the Right of Withdrawal. However, as a courtesy to our consumers, Wish may process returns on behalf of merchants in accordance with Wish’s customer-facing Returns and Refunds policy. If consumers invoke the Right of Withdrawal within 14 calendar days from delivery, we may process the refund to consumers’ original form of payment on merchants’ behalf, as well as a refund of the original shipping costs (so long as the product was shipped via customer-facing standard shipping option). Merchants are not allowed to dispute these refunds.
Consumers in the EU/EEA/UK are also protected by European and national conformity guarantees. Specifically, if a product merchants sell anywhere in the EU/EEA/UK later turns out to be non-conforming (e.g., faulty, materially defective, or do not look or work as advertised), merchants must repair or replace the product free of charge, or give the consumer a price reduction or refund. The timeframe for the conformity guarantee may vary from country to country but merchants must provide a minimum two-year guarantee in the EEA/EU/UK.
Note that as a marketplace, Wish does not have any obligations or duties under conformity guarantees. However, as a courtesy to our consumers, Wish may process returns on behalf of merchants in accordance with Wish’s customer-facing Returns and Refunds policy. If the product is non-conforming, merchants are responsible for all related costs, including the delivery costs. If Wish is unable to resolve consumers’ requests or Wish’s customer-facing Returns and Refunds policy period (i.e., 30 days of the confirmed delivery date or 30 days of the maximum delivery date if the item hasn’t arrived, whichever is longer) has elapsed, the request will be directed to merchants for resolution.
No Legal Advice or Attorney-Client Relationship: the information reflected, provided, and referenced within this document does not, and is not intended to constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Merchants should contact an independent attorney to obtain advice with respect to any particular legal matter or query. Furthermore, the policies, regulations, laws, and procedures contained in this document are subject to change with or without notice.