Right to withdraw after entering into a distance contract or off-premises contract
Last update
If you as the consumer change your mind after entering into a distance contract or off-premises contract, you have the right to withdraw from the contract within 14 calendar days:
- without providing a reason;
- without penalties.
However, after you withdraw, even if the contract is considered never to have been established, you and the professional still have obligations to honour.
Who is concerned
A consumer who has entered into a distance contract or an off-premises contract with a professional has a right of withdrawal if:
- such a right exists; or
- if the parties decide to establish one.
However, for some contracts, the law does not provide for a right of withdrawal (French, Pdf, 302 Kb).
Deadlines
The withdrawal period shall be deemed to have been complied with if you notify the professional of your withdrawal within 14 calendar days of:
- the date of receipt of the goods (in the case of a delivery), which is the date on which you or someone you appointed physically takes possession of the goods;
- the date on which the contract was established, in the case of:
- the provision of a service;
- the provision of water, gas or electricity that is not packaged in a limited-volume container or in a specific quantity;
- the provision of urban heating;
- the provision of digital content not delivered on a physical medium.
For a delivery of goods, there are specific rules regarding this period:
- if you placed a single order for several products that must be delivered separately, the period starts upon receipt of the last product;
- if your product is delivered in batches or in separate parts, the period starts upon receipt of the last batch or item;
- in the case of regular deliveries of goods over a given time period, the period starts upon receipt of the first item.
If the professional does not notify you that you are entitled to withdraw from the contract within a given period of time – i.e. the withdrawal period (terms and conditions, time frame and procedure), the withdrawal period is:
- 12 months; and
- starts when the initial period was supposed to expire.
If, during this 12-month period, the professional notifies you of your right of withdrawal (terms and conditions, time frame and procedure), the withdrawal period is then:
- reduced to 14 days; and
- starts on the date this information is received.
If the last day of the time period is not a working day, it is extended until the next working day.
Even in the case of a delivery of goods, you can exercise your right of withdrawal after the sales agreement is entered into:
- without having to provide a reason for your decision;
- with the only costs being the direct costs of returning the goods.
How to proceed
Notice of withdrawal
You can notify the professional that you wish to withdraw from the contract:
- verbally; or
- in writing.
You are not required to provide any reasons for your decision to withdraw from the contract.
Because it is your responsibility to provide proof that you have withdrawn, it is advisable that you notify the professional in writing, by registered letter with acknowledgement of receipt, if possible.
If you do this, you may send the professional:
- the duly completed form template that the professional was required to provide you with in advance; or
- another declaration in which you clearly express your decision to withdraw from the contract.
You can also complete and send your notification of withdrawal online through the professional's website. The professional must then notify you that your withdrawal has been received:
- promptly; and
- with confirmation of receipt on a durable medium.
Effects of the withdrawal on the contract
If you withdraw from the contract before any goods are delivered or any services are provided, all of your obligations, as well as those of the professional with whom you had signed the contract, will be voided.
These are:
- you will no longer be obligated to pay the agreed-to price; and
- the professional will no longer be obligated to:
- deliver the goods to you; or
- provide the service.
If you had signed a credit agreement with the professional or a third party to fully or partially cover the price of a good or service, your withdrawal will automatically result in the termination of the credit agreement without penalties.
Your withdrawal will also result in the termination of any past ancillary contracts, without costs (aside from the exceptions listed below). For example, if you withdraw from a car rental agreement (the main contract), doing so will result in the automatic termination of the insurance contract for the rental period (the ancillary contract).
Return of goods and costs incurred
If you withdraw from the contract even though the goods have been delivered or the provision of services has begun, some of your obligations and those of the professional must still be honoured.
- Obligations of the professional
- Obligations of the consumer
If you withdraw from the contract, the professional:
- is obligated to reimburse you the payments you already made, including any delivery fees;
- is not obligated to reimburse you the additional delivery fees if you expressly chose a delivery method other than the cheaper, standard delivery method offered by the professional.
The professional must reimburse you:
- without excessive delay; and
- no later than 14 days after the date on which they received your decision to withdraw from the contract.
If they have not reimbursed you within this 14-day period, they must pay you the sum owed, plus the interest at the legal interest rate.
For contracts for sales of goods, the professional may:
- offer to collect the goods themself and reimburse you at the same time; or
- defer the reimbursement of the sum you already paid until:
- the products are returned; or
- you provide them with proof that you have shipped the products.
The reimbursement should be made:
- using the same payment method that you used to pay for the goods; or
- using a different payment method, provided that:
- you had consented to the new method; and
- it does not incur any costs for you.
If the contract pertains to the delivery of goods
If the professional does not offer to collect the goods themself, you must, without excessive delay and no later than 14 days after having notified the professional of your withdrawal:
- ship them back; or
- return them in person:
- to the professional; or
- to a person authorised by the professional to receive them.
You must pay the costs associated with shipping the goods back, unless:
- the professional agrees to bear them; or
- the professional failed to inform you that you were supposed to bear the costs.
As a reminder, you are liable for any depreciation of the goods you will be returning. Therefore, make sure to handle and inspect them as if you were doing so in a store. For example, when you try on a garment, you may keep it on briefly, but you may not wear it for a more extended period of time.
Service contracts
In the case of the provision of a service, even if you withdraw from the contract, you will still be obligated to pay the professional for the cost of the services they have already provided.
The amount to be paid is calculated:
- based on the total price stipulated in the contract; or
- based on the sales value of what was provided, if the first amount is too high.
However, you will not be required to pay anything:
- for the provision of a service, or for the supply of urban heat, water, gas or electricity that is not packaged in a limited-volume container or in a specific quantity:
- if the professional did not provide you with information on the right of withdrawal; or
- if you did not expressly ask the professional to begin providing the service during the withdrawal period;
- for digital content that is not provided on a physical medium, if:
- you did not expressly ask the professional to begin providing the service during the withdrawal period; or
- you did not acknowledge that you loose your right of withdrawal through your consent; or
- the professional did not provide you with confirmation of the contract you had entered into with them.
Online services and forms
Who to contact
-
Directorate for Consumer Protection
- Address:
-
271, route d’Arlon
L-1150
Luxembourg
Luxembourg
B.P. 119, L-2011 Luxembourg
- Phone:
- (+352) 247 73 700
- Email address:
- info@mpc.etat.lu
- Website:
- https://mpc.gouvernement.lu/en.html
-
Directorate for Consumer Protection
Passenger complaints
- Address:
- 271, route d’Arlon L-1150 Luxembourg Luxembourg
- Email address:
- passagers@mpc.etat.lu
-
Luxembourg Consumer Protection Association (ULC)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 1
- Fax:
- (+352) 49 49 57
- Email address:
- info@ulc.lu
- Website:
- https://www.ulc.lu
Closed ⋅ Opens at 8.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
- Tuesday:
- 8.00 to 12.00
In the afternoon only by appointment. -
Luxembourg Consumer Protection Association (ULC)
Luxembourg Commission for Travel Litigation (CLLV)
- Address:
- 55, rue des Bruyères L-1274 Howald
- Phone:
- (+352) 49 60 22 205
- Fax:
- (+352) 49 49 57
- Email address:
- contact@cllv.lu
- Website:
- https://www.ulc.lu
European Consumer Centre
- Address:
- 271, route d’Arlon L-1150 Luxembourg
- Phone:
-
(+352) 26 84 64 1
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00.
- Fax:
- (+352) 26 84 57 61
- Email address:
- info@cecluxembourg.lu
National Service of the Mediator of consumption
- Address:
- 6, rue du Palais de Justice L-1841 Luxembourg
- Phone:
- (+352) 46 13 11
- Fax:
- (+352) 46 36 03
- Email address:
- info@mediateurconsommation.lu
Related procedures and links
Procedures
Links
Further information
-
E-commerce, distance and off-premises selling
on Your Europe
-
Contrats à distance ou conclus hors établissement ne disposant pas de droit de rétractation légal
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Liste des contrats exclus des règles sur les contrats à distance et hors établissement
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Informations que le professionnel doit fournir au consommateur avant la conclusion d’un contrat à distance
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Informations que le professionnel doit fournir au consommateur avant la conclusion d’un contrat hors établissement
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