What happened
A customer returns a jacket. It carries perfume and cigarette smoke. There is pet hair on the collar. The CleverSeal is broken.
What the webshop should consider
This is handling that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods. Under Article 14(2), the consumer is liable for the diminished value.
Do not refuse the withdrawal — the consumer still has the right to withdraw. Refund the price and deduct a value reduction that reflects the loss in resale value (partial or full, depending on your resale channel).
Communicate the deduction transparently. Reference the intact/broken CleverSeal and the visible condition. Keep photographic evidence.
Relevant legislation
Directive 2011/83/EU, Article 14(2) and Recital 47.
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.
