Calculating the withdrawal period: why 14 days are not always 14 days
"14 days from the order" is the most common shortcut – and it is wrong twice over. When the period really starts, when it ends, and which rules do the counting.
The length: at least 14 days
Across the EU the statutory withdrawal period is 14 days (art. 9 of Directive 2011/83/EU, as transposed nationally – for example § 355 (2) BGB in Germany, art. L221-18 Code de la consommation in France, art. 6:230o BW in the Netherlands). Traders may voluntarily grant a longer period – 30 days as a service promise – but never a shorter one.
The start depends on the contract type
| Contract type | Period starts |
|---|---|
| Supply of goods | when the consumer takes physical possession (with partial deliveries: of the last item) |
| Services / digital content | on conclusion of the contract |
| Mixed order (goods + service) | treat conservatively like a supply of goods |
The most frequent mistake hides right here: many systems count from the order or dispatch date. For goods what counts is delivery to the customer – a date a store only knows reliably from tracking data.
The counting rules are national
The directive sets the length; how the days are counted is a matter of national law, and the detail differs between member states. Germany is a well-documented example:
- The day of the event does not count (§ 187 (1) BGB): if the goods arrive on the 3rd, counting starts on the 4th.
- The period ends with the expiry of the 14th day (§ 188 BGB).
- Weekends and public holidays push the end (§ 193 BGB): if the last day falls on a Saturday, Sunday or public holiday, the period runs until the next working day.
Example
Delivery on Monday, 3 August. Counting starts on 4 August; the 14th day is Monday, 17 August, and the period runs until the end of that day. Had the 14th day been a Saturday, the end would move to the following Monday.
Selling into several member states? Both the public holidays and the counting rules are national. A calculation that is correct for Germany can be off by a day in another country. If deadlines are close to the line in your business, have the countries you actually sell into checked.
When 14 days become 12 months and 14 days
If the consumer was not properly informed about the right of withdrawal, the period extends to up to 12 months and 14 days (art. 10 of Directive 2011/83/EU). In Germany this consequence is also attached to a withdrawal option that does not work correctly (§ 356 (3) BGB) – see penalties and enforcement. Whether a defective function alone triggers the extension elsewhere depends on the national transposition and is worth checking for the markets you serve.
Why this goes wrong in practice
A correct assessment needs, for every single withdrawal: the contract type, the right start date (delivery, not order), the calendar rules and the public holidays. Doing that by hand for each case is unrealistic in day-to-day operations. e-Widerruf therefore calculates the period automatically, and marks each withdrawal as in time, late, or honestly "unclear" when no reliable delivery date exists – leaving the decision to you. The assessment is orientation, not legal advice.
Not legal advice. This article informs in general terms and with care, but does not replace a lawyer's review of your individual case.