When planning a bathroom renovation, you buy a shower enclosure online. You picked up the product yourself, paid on the spot, but did not inspect it. As the renovation work was still in progress, the shower enclosure remained unpacked. On the day of installation, you unpacked the product and found that it did not meet your expectations - for example, the door opens in the wrong direction. You look for the receipt - more than two weeks have passed. You read the seller's return policy - it says that only goods in their original, undamaged packaging can be returned. You contact the seller - the reply is stern: "You have damaged the packaging - we can't accept the goods." It looks like all is lost. But is it really?
Sandra Mickienė, a senior attorney at the AVOCAD law firm, emphasizes that the terms for returning high-quality goods purchased online are not as straightforward as some sellers often try to make them seem. The lawyer points out that the law does not require the return of goods in their original, undamaged packaging, unless the goods in question become unsuitable for use after unpacking due to hygiene or health protection reasons. “The requirement to return a product in undamaged packaging is, in most cases, merely an excessive requirement imposed by businesses,” emphasizes S. Mickienė.
In a physical shop, the consumer has the opportunity to inspect and evaluate the product on the spot. Therefore, if the packaging is damaged after purchase, this may be seen as an excessive action by the consumer. However, the situation is different in the case of distance purchasing. When buying online, it is not possible to assess the product until it is unpacked. For this reason, the lawyer considers that the requirement to return quality goods purchased online only in their original, undamaged packaging is not only unreasonable but also potentially unlawful.
“Of course, each case must be evaluated individually. If the product, even though ordered online, was handed over to the consumer at a pickup point, the consumer was given the opportunity to inspect it at the time of pickup, and the consumer took advantage of that opportunity, then the seller’s position may be stronger,” the lawyer notes. In such a case, she says, questions arise as to whether the consumer, by opening the product’s packaging, actually used the product or damaged it. However, if the consumer was not given such an opportunity, they have the right to unpack the product at home and assess it. The mere fact that the packaging is damaged should not negate the consumer’s right to return a quality product and receive a refund for the money paid for it.
It is also important to be aware of the other conditions that determine the right to return an item. The Civil Code stipulates that a quality product may be returned if it is unused, undamaged, retains its functional properties and commercial appearance, and if the consumer has a document confirming the purchase from a specific seller. If these conditions are met, the consumer may consider returning the product. However, it is also important to take into account the withdrawal period for distance contracts—the consumer has the right to withdraw from a contract concluded remotely within 14 days of receiving the product. “This is the minimum period stipulated by law. Some companies extend this period to 30, 90, or even more days—this is becoming an increasingly common practice to enhance customer satisfaction. Therefore, it is always worth checking the specific seller’s return policy—especially if you purchased with a loyalty card or another special offer, as longer return periods are very often applied in such cases,” says S. Mickienė.
It is also worth knowing that if the seller has not properly informed the consumer of the right to withdraw from the distance contract, the deadline for withdrawing from the distance contract extends to 12 months. Only if the trader provides information on how to withdraw from distance contracts within this period will the 14-day period start to run from the date on which the information was provided to the consumer.
It's important to remember that not all quality goods bought online can be returned. The Civil Code provides for a number of exceptions where the consumer does not have the right to withdraw from a distance contract. This right does not apply to goods that have been custom-made, clearly personalised, goods that have been unpacked after delivery and are unsuitable for return for health or hygiene reasons (e.g. underwear or swimwear), newspapers, magazines etc. A shower enclosure is not included in this list, so a shower enclosure should be returnable if it has not been made to order.
In conclusion, the lawyer points out that if the consumer was not given the opportunity to inspect the goods at the time of collection, he had the right to do so by unpacking them at home. If the goods are unused, undamaged, the purchase documents have been retained and the consumer has not missed the cancellation period for the distance contract, the consumer is entitled to claim a refund. The seller could only reasonably refuse if it is clear that the consumer had a realistic opportunity to assess the goods on the spot and took it.
For consumers, AVOCAD's lawyer recommends that the first step is to familiarise yourself with the seller's return policy, check whether there are any exceptions to the consumer's right to withdraw from the distance contract and whether the time limit has expired, and then contact the seller - in writing, clearly stating that you are withdrawing from the distance contract. Only then can the return of the goods be organised. If in doubt, it is worth consulting the National Consumer Protection Service or lawyers.
“Even if the situation isn’t clear and the deadline has passed, but the product remains unused and in good condition, it’s still worth contacting the seller to seek a compromise regarding an exchange or partial refund. Honest businesspeople are often willing to seek mutually acceptable solutions,” says attorney Sandra Mickienė.
Mickienė notes that there are still many online shops whose return policy stipulates that in all cases goods must be returned in their original, undamaged packaging. However, as already pointed out, such a requirement may be excessive and unlawful, especially in the case of low-quality goods.
"We would therefore urge businesses to review and update their sale and purchase rules to comply with the law. In this particular respect, we would recommend at least clarifying that, in the case of returns of quality goods purchased at a distance, the opening of the packaging, other than the packaging of hygiene products, if it is not possible to inspect the goods without opening the packaging, is not considered a breach of the packaging, or to make it clear that the requirement to preserve the intact packaging does not apply to distance contracts, including in cases where low-quality goods are being returned," said S. Mickienė.