Value reduction: when you may deduct from a refund

Article 14(2) of Directive 2011/83/EU: "The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods."

Recital 47 clarifies: the consumer may inspect and try on the goods as they would in a physical shop. A consumer trying on a garment is fine. A consumer wearing it outside is not.

The consumer's right of withdrawal remains. Article 14(2) does not remove that right. It only allows the seller to hold the consumer liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

Any deduction must reflect the actual diminished value of the returned goods. It is not automatic and not a fixed penalty. Each return should be assessed individually, taking into account the disclosed return conditions, the condition of the garment, any objective evidence of handling, and the real economic impact on resale.

The European Commission has explained that trying on clothing in a physical shop would not normally involve removing the manufacturer's tags. This is official guidance, not an automatic rule — it helps illustrate what typically falls within a reasonable try-on and what may go beyond it.

CleverSeal is a disclosed return-control seal used by the webshop. When the seal is intact, the return can be processed with confidence. When it has been removed, that provides objective evidence which may support the webshop's assessment — together with the disclosed return conditions, the condition of the garment, any additional evidence of handling, and the actual economic impact on resale.

A missing CleverSeal is not, on its own, the legal basis for a deduction. It is one factor among several. Any deduction must still reflect the actual diminished value of the specific return.