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Scenario

The garment shows signs of use beyond inspection.

Not an automatic verdict. This is implementation guidance. Each case requires an individual assessment. For the full legal reference, see the Legal Intelligence Center.

What happened

The item returns with visible wear, odour, or use beyond what is needed to establish its nature, characteristics and functioning.

Relevant legislation

Directive 2011/83/EU, Article 14(2). European Commission guidance clarifies for clothing that trying on is permitted; wearing is not. A proportional deduction may be applied for diminished value.

Factors to assess

  • Is wear localized (e.g. underarms, hem) or general?
  • Is odour detectable — perfume, smoke, body?
  • Are there stains, hair, lint, or make-up marks?
  • Can the item be relisted as new, or only as sample / outlet?

Evidence to document

  • Close-up photos of the wear or marks
  • Written note on any odour detected
  • Comparison photo with an unworn reference garment
  • Signed inspection checklist

Suggested customer wording

Following inspection, the returned garment shows signs of use beyond what is necessary to establish its nature and characteristics. Under Article 14(2) of Directive 2011/83/EU, a diminished-value deduction of {amount} applies. A refund of {refund} has been issued to your original payment method.

Related official sources

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