What happened
The customer sent the garment back within the 14-day withdrawal period, but the CleverSeal was no longer attached.
Relevant legislation
Directive 2011/83/EU, Article 14(2). Consumers are liable for any diminished value of goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The absence of the CleverSeal alone does not extinguish the right of withdrawal.
Factors to assess
- •Was the garment otherwise handled beyond a normal try-on?
- •Are there additional signs of wear, odour, or use?
- •Was the removal documented — photograph on arrival?
- •Does the item still have all original tags and packaging?
- •Is the item still saleable as new, or must it be discounted / donated?
Evidence to document
- ✓Photograph of the returned garment on arrival
- ✓Photograph of the missing / removed CleverSeal
- ✓Inspection checklist signed by the receiving warehouse operator
- ✓Timestamped order and return records
- ✓Comparison with an unworn reference garment where relevant
Suggested customer wording
“Thank you for returning your order. As the CleverSeal was removed, we have completed an individual assessment of the garment's condition. Under Article 14(2) of Directive 2011/83/EU, we apply a diminished-value deduction of {amount}. Your refund of {refund} has been issued to your original payment method.”
Related official sources
Related Knowledge