Law in the shop
Personalized products and the right of withdrawal
A consumer buying online in the EU usually has 14 days to withdraw from the contract. Directive 2011/83/EU makes an exception for goods made to the consumer’s specifications or clearly personalized (Article 16(c)). A T-shirt with the customer’s name usually falls under it.
- EU law
- Article 16(c) of Directive 2011/83/EU
- Poland
- Art. 38(1)(3) of the Consumer Rights Act
- Withdrawal
- Usually excluded for goods made to order
- Complaint
- Always possible if the product is faulty
When the exception applies and when not
The exception covers goods that are not prefabricated and are made to the customer’s instructions: a print with their photo, name or logo, a banner with the customer’s size and content. It usually does not cover a product the customer only chose from ready variants (e.g. the colour and size of a plain T-shirt), because the shop can sell it to someone else.
The exception does not exclude complaints. If the print is crooked, smudged or does not match the design, the customer can file a complaint about the product.
What to do in the shop
- State in your terms that products personalized to the customer’s design are not subject to the 14-day withdrawal, with a reference to the law.
- Show this information on the product page and before the order is placed.
- Keep proof of what the customer approved: the design, preview and approval date. The kreatorproduktow.pl designer stores them with each design.
This article is general information, not legal advice. If in doubt, have your terms reviewed by a lawyer.
Frequently asked questions
Can a customer return a mug with their name?
Usually not, because a mug made to the customer’s instructions falls under the exception to the right of withdrawal. They can file a complaint if it is faulty.
Does the exception apply on marketplaces?
Yes, the rule applies to consumer sales regardless of the channel. Marketplaces may also have their own policies worth checking.
Does a company buying promotional products have a right to return?
The 14-day right of withdrawal applies to consumers. In business purchases the terms and the contract usually decide.
See also
Try the designer on your own products
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