What happened
A customer returns a pair of trousers with a torn belt loop and a wine stain on the leg. Photos from your quality-control station at dispatch show the garment was intact when it left the warehouse.
What the webshop should consider
This is damage caused by the consumer, not a defect in the goods. Under Article 14(2), the consumer is liable for the diminished value — in this case likely the full value if the garment is unsellable.
Do not refuse the withdrawal. Refund with a value reduction equal to the loss. Send the customer a clear breakdown: photo at dispatch, photo on receipt, the reduction applied, and the legal basis.
Relevant legislation
Directive 2011/83/EU, Article 14(2).
Official legal source
We summarise the law in plain language. Always confirm the current, authoritative text with the official publisher.
- Read the official legislation
Directive 2011/83/EU — Consumer Rights Directive
EUR-Lex
- Read the official legislation
European Commission Guidance on the Consumer Rights Directive
European Commission
- Read the official legislation
EUR-Lex — Access to European Union law
EUR-Lex
CleverSeal is not a law firm and this article is not legal advice.
