An engraved ring, a fresh cream cake, a sealed lipstick: in the holiday season, carts fill up with goods for which the statutory right of withdrawal does not exist or expires early. Section 312g(2) of the German Civil Code (BGB) lists the cases (BGB), and Article 246a of the Introductory Act to the Civil Code (EGBGB) requires the shop to provide this information before the order (EGBGB). Many shops nevertheless mention the exclusion only as a blanket sentence in their withdrawal policy. This article shows how to maintain the withdrawal exclusion under section 312g BGB as an attribute per item and use it to generate the notice on the product page, in checkout and in the order confirmation. This is part of clean processes in e-commerce; the legal texts themselves are agreed with your legal advisor.
What section 312g(2) BGB covers
Anyone selling to consumers at a distance generally grants them a right of withdrawal under section 355 BGB (BGB). The withdrawal period is 14 days (BGB). Section 312g(2) BGB lists in 13 numbered items the contracts for which this right does not exist, and it puts one clause in front of all of them: this applies unless the parties have agreed otherwise (BGB). The model is Article 16 of Directive 2011/83/EU on consumer rights. The European Commission guidance on this directive likewise refers to 13 contracts or situations in which the consumer has no right of withdrawal or loses it under certain conditions (European Commission).
For shops selling physical goods, three items of section 312g(2) BGB matter most: no. 1 covers goods made to the customer's specifications or clearly personalized, no. 2 goods liable to deteriorate rapidly, and no. 3 sealed goods that are not suitable for return for health protection or hygiene reasons if the seal was removed after delivery (BGB). Less often relevant are no. 4 for goods that were inseparably mixed with other items after delivery, no. 6 for sealed audio or video recordings or software after opening, and no. 7 for newspapers and magazines outside subscriptions. As an example of mixed goods, the directive mentions fuel (Directive 2011/83/EU). For an overview of the exceptions from the perspective of the withdrawal function, see our article on implementing the withdrawal button in Shopware.
The statute ties the exclusion to a contract for a specific item, not to a shop and not to a product category. This is exactly where blanket clauses such as "hygiene items cannot be exchanged" fall short: they do not say which item is meant, and they mix the statutory exclusion with voluntary exchange rules. In addition, the rules on consumer contracts may not be deviated from to the detriment of the consumer (BGB).
Two notice types: no right of withdrawal or early expiry
The duty to inform is set out in Article 246a § 1(3) EGBGB and distinguishes two cases (EGBGB). If the consumer has no right of withdrawal under section 312g(2) nos. 1, 2, 5 and 7 to 13 BGB, the trader must inform them that they cannot withdraw their declaration of intent. If the right of withdrawal can expire early under nos. 3, 4 and 6, the trader must inform them of the circumstances under which they lose a right of withdrawal that initially exists.
For the shop, the difference is essential. An engraved ring has no right of withdrawal from the outset. A sealed lipstick has one until the seal is opened after delivery. The European Commission guidance illustrates this with two examples: for fresh flowers, a notice that there is no right of withdrawal is sufficient. For contact lenses or a toothbrush with a seal, the trader informs the consumer about the conditions and time limits of withdrawal and, in addition, that the right is lost when the packaging is opened (European Commission).
| Characteristic | No right of withdrawal | Early expiry |
|---|---|---|
| Cases in section 312g(2) BGB | Nos. 1, 2, 5 and 7 to 13 | Nos. 3, 4 and 6 |
| Typical shop items | engraving, made-to-measure goods, fresh food, cut flowers | sealed cosmetics and personal care, sealed data carriers |
| Notice to the customer | There is no right of withdrawal for this item. | The right of withdrawal expires if the seal is removed after delivery. |
| Withdrawal information | for the other items in the order | also for this item |
| Withdrawal in the customer account | item marked as excluded | item can be withdrawn, with a note on the seal |
Labeling sealed cosmetics with "no right of withdrawal" gives the wrong information: as long as the seal is intact, the right of withdrawal exists. The notice therefore belongs in the "early expiry" column, and the item still needs withdrawal information and the withdrawal function.
Section 312g(2) no. 1: personalized is not the same as configured
No. 1 covers goods that are not prefabricated and for whose production an individual selection or decision by the consumer is decisive, or that are clearly tailored to the consumer's personal needs (BGB). As an example, Directive 2011/83/EU mentions made-to-measure curtains (Directive 2011/83/EU). The European Commission understands specification or personalization to mean that the goods are in principle unique and made according to wishes that the consumer specified and agreed with the trader (European Commission).
For shops with variant selection and configurators, one sentence of the guidance is especially important: a consumer who simply assembles goods from the standard options offered by the trader does not specify or personalize them within the meaning of the exception (European Commission). As examples, the guidance mentions furniture in a color or texture chosen from the manufacturer's catalog and a furniture set made of standard elements (European Commission). A sofa that the customer puts together from several fabrics and leg variants in the range therefore usually keeps its right of withdrawal. How configurators handle such options is shown in our article on the product configurator for B2B shops.
Points toward the exclusion
Engraving with the customer's text, print with their own photo, cutting to the customer's dimensions, address labels with the customer's contact details and a component procured specifically at the customer's request that is not part of the general offer (European Commission).
Points away from the exclusion
Color, size or material from the variant selection, a set made of standard parts, gift wrapping and greeting card, enclosed accessories and bundles of prefabricated items.
For a sales contract concluded off-premises, the CJEU ruled that the exception can be invoked against the consumer regardless of whether the trader has started production (CJEU, C-529/19). The guidance explains this with legal certainty: the consumer is usually not informed about the production status (European Commission). For the data model, this means that the exclusion depends on the version ordered and not on a production status.
This leads to a design rule that many shops overlook: for options such as an engraving, the exclusion reason belongs to the option or the order line item, not to the product. The same ring without engraving is a normal item with a right of withdrawal. A field on the product that reports "personalized" across the board would also show the notice to customers buying the ring without engraving and thus inform them incorrectly. How gift options run as separate line items in checkout is described in our article on gift options in checkout.
Section 312g(2) no. 2: whether goods spoil quickly depends on the goods
No. 2 concerns goods that are liable to deteriorate or expire rapidly (BGB). The European Commission calls this an objective characteristic of the goods concerned (European Commission). As obvious examples, the guidance lists food and drinks with a short shelf life, including those that must be kept refrigerated, as well as fresh flowers. For plants, it calls for a case-by-case assessment, because what matters is the treatment a plant needs to keep its characteristics even after a return (European Commission).
For the shop, this means: the product category "food" is not an exclusion reason. A gift basket with long-life products is to be assessed differently from a fresh cream cake or a cool box of fresh cheese. You therefore set the value per item. A default value at category level can make maintenance easier, but it remains a suggestion that someone confirms on the item. For mixed sets of perishable and long-life parts, the classification belongs in the legal review, not in an assumption.
A category default saves maintenance effort, but it does not decide. Store the exclusion reason on the item and have deviations from the default shown in a report.
Section 312g(2) no. 3: the seal has to serve hygiene
No. 3 requires three things: a seal, health protection or hygiene reasons why the goods are not suitable for return, and removal of the seal after delivery (BGB). According to the guidance, there must be genuine health protection or hygiene reasons for the sealing, which may consist of protective packaging or a protective film (European Commission). As examples, it names cosmetics such as lipsticks as well as toothbrushes, razors and similar personal care items.
The CJEU judgment on a mattress shows that a film alone is not enough: a mattress whose protective film the consumer removed after delivery does not fall under the exception (CJEU, C-681/17). The Court equated mattresses with items of clothing that the customer may try on and pointed out that the trader can make them suitable for a new buyer again through a treatment such as cleaning or disinfection (CJEU, C-681/17). The guidance sums this up in one sentence:
Accordingly, the exception to the right of withdrawal under point (e) of the first paragraph of Article 16 applies only if, after the packaging has been unsealed, the goods contained therein are definitively no longer in a saleable condition due to genuine health protection or hygiene reasons, because the very nature of the goods makes it impossible or excessively difficult, for the trader to take the necessary measures allowing for resale without affecting either of those requirements.
European Commission, Guidance on the interpretation and application of Directive 2011/83/EU (2021/C 525/01), section 5.11.4
For your product data, this means: mark no. 3 only for items that are actually delivered sealed and where the hygiene reason holds up. Record in the data set what the seal consists of, so that goods receiving and customer service can recognize it when an item is returned. For perfumes and similar cosmetics, the guidance suggests enclosing a free tester so that the customer can examine the product without opening the packaging (European Commission).
When and where the notice has to appear
The trader must provide the information under Article 246a EGBGB in a clear and comprehensible manner before the consumer submits their contractual declaration (EGBGB). The information becomes part of the contract unless the parties have expressly agreed otherwise (BGB). For a small selection of mandatory information, section 312j(2) BGB additionally requires that it be shown clearly, comprehensibly and prominently immediately before the order; the notice on a withdrawal exclusion is not part of this selection (BGB). It therefore does not necessarily have to appear on the order summary page, but it does have to be available clearly and comprehensibly before the order.
The confirmation follows the order. For distance contracts, it must contain the information under Article 246a EGBGB unless the trader has already provided it on a durable medium before the contract was concluded (BGB). An ordinary product page is generally not considered a durable medium, whereas the order confirmation by email is. Since the trader bears the burden of proof toward the consumer for meeting these information duties (BGB), it is also worth recording which text version was shown for which order.
Product page
Notice close to the price and the buy button. For options, it appears as soon as the option is selected and links to the withdrawal information.
Cart and order summary
Label per line item so that mixed orders remain readable. On the order summary, the text is written out, not just shown as an icon.
Order confirmation
The notice per line item in the plain text of the email, stored with text version and date. More on the design in our article on transactional emails in Shopware.
Customer account and withdrawal
Excluded line items are marked, line items with a hygiene seal remain withdrawable and carry the note on the seal.
A notice that only opens behind an info icon or sits in light text below the buy button is hard to defend as clear and comprehensible. How mandatory information can be designed to be easy to read and without pressure on the customer is shown in our article on fair checkouts without dark patterns.
The data model: exclusion reason, notice type, text module
Technically, a selection field with a few values is enough. What matters is that each value has a fixed meaning and that the texts are not stored on the item but maintained once as translatable text modules. A revised wording then takes effect for all affected items at once. A proposal for the fields:
withdrawal_exclusion: the exclusion reason with the valuesnone,custom_made(section 312g(2) no. 1 BGB),perishable(no. 2),hygiene_seal(no. 3),mixed_inseparably(no. 4) andsealed_media(no. 6).withdrawal_notice_type: derived rather than maintained,no_rightfor section 312g(2) nos. 1 and 2,may_expirefor nos. 3, 4 and 6.withdrawal_text_key: the key of the text module, translated per language and agreed with your legal advisor.withdrawal_reviewed_atandwithdrawal_reviewed_by: when and by whom the classification was reviewed.contractual_return: a voluntarily granted right of return for an excluded item, with its own text (more on this below).
{
"productNumber": "RING-SILVER-01",
"withdrawal_exclusion": "none",
"options": {
"engraving": {
"withdrawal_exclusion": "custom_made",
"withdrawal_notice_type": "no_right",
"withdrawal_text_key": "withdrawal.notice.customMade"
}
},
"withdrawal_reviewed_at": "2026-11-02",
"withdrawal_reviewed_by": "legal-review"
}In Shopware, the field can be created as a custom field on the product. For it to reach the cart, the option "Available in shopping carts" must be enabled for the custom field; according to the documentation, this is necessary in order to use it in the Rule Builder or in your own templates (Shopware documentation). Maintain the values in the shop's default language so that inheritance applies to all languages (Shopware documentation). Text fields in Shopping Experiences can be linked to custom fields, according to the documentation for example for legally required product details (Shopware documentation).
For options such as the engraving, the product field is not enough. There, an extension sets the exclusion reason on the line item when it is added to the cart, so that it is stored with the order and the order confirmation, customer account and returns handling can read it later. As a Shopware agency, we develop such extensions to fit your existing setup, and for other shop systems via their product attributes and order data.
If the item master data comes from a PIM or an ERP system, the field belongs there and is transferred to the shop. Purchasing or product management then maintains the classification where the item is created, and the shop only displays it. How such fields move through the systems is described on our page on PIM integrations and in the guide to implementing a PIM system. Shops display other item-related mandatory information in the same way, for example the energy label in the shop.
Mixed orders: withdrawal per line item
An order rarely contains only excluded goods. If someone orders a ring with engraving and a necklace without, the full right of withdrawal applies to the necklace. The withdrawal function under section 356a BGB must allow the consumer to provide details identifying the contract or the part of the contract they wish to withdraw from (BGB). It therefore works at line-item level anyway, and that is exactly where it needs the exclusion reason. How the function itself is built is covered in our article on the two-step withdrawal button.
For line items with a hygiene seal, a hard block in the returns portal is the wrong approach. If the seal is intact, the right of withdrawal exists and the customer must be able to exercise it. A better approach is a notice during selection and a check at goods receipt that records whether the seal was opened. How such a condition check can be organized is shown in our article on AI-based returns inspection.
- Line item with
custom_madeorperishable: marked as excluded in the portal, with the text from the order confirmation and a contact option for questions. - Line item with
hygiene_seal: selectable, with the notice that the right of withdrawal only exists if the seal is intact. - Line item with
none: can be withdrawn as usual. - Line item with
contractual_return: return under the voluntary conditions, recorded separately from the statutory withdrawal.
It is important that all touchpoints read the same value. If the product page reads the field on the item, the order confirmation a free-text note and the returns portal its own list, the notices will drift apart sooner or later. The value on the order line item is therefore the common source for everything that happens after the purchase.
If the information is missing: the longer period
A wrong classification can also cause harm in the other direction. The withdrawal period does not begin before the trader has informed the consumer about the right of withdrawal (BGB). If this information is missing, the right of withdrawal expires at the latest twelve months and 14 days after the statutory start of the period (BGB). A shop that wrongly lists an item as excluded and therefore provides no withdrawal information for it at all risks exactly this situation: the customer can rely on a right of withdrawal that the shop considered nonexistent.
The mattress case shows how quickly this can happen. A protective film looks like a hygiene seal, but according to the CJEU judgment it is not one (CJEU, C-681/17). Similar questions of distinction can arise for goods that come into contact with the body but can be cleaned. For the data model, this is an argument for giving every value other than none a review date and reviewer and for deliberately leaving unclear cases at none until your legal advisor has decided.
Granting more voluntarily: the clause in section 312g(2)
The exclusion only applies unless the parties have agreed otherwise (BGB). A retailer can therefore also promise a return for excluded goods, for example for unopened gift baskets or for made-to-measure goods within a short period. This is a business decision that affects the texts in the shop: where the customer has an agreed right of return, the notice on the missing statutory withdrawal and the voluntary promise should appear together so that nobody reads two contradictory statements.
In the data model, this is a separate field with its own text, not a switch of the exclusion reason to none. With none, the shop would display a statutory right of withdrawal for the item, although only a voluntary rule was intended. You agree the exact wording of the promise with your legal advisor; technically, it gets its own text module and its own label in the returns portal.
Review before the holiday season
Personalized gifts, gift baskets and cosmetics sets are in season in November and December. If you review the classification now, it will be in the shop before the high-revenue weeks. A possible sequence:
- Export the range and filter for candidates: items with a personalization option, food and flowers, sealed cosmetics and personal care, sealed data carriers.
- Set the exclusion reason per item or option and have the classification approved by your legal advisor. Explicitly submit borderline cases such as mattresses.
- Create text modules for both notice types in all shop languages.
- Check the product page, cart, order summary and order confirmation with test orders, including a mixed cart.
- Run through the withdrawal function and returns portal with the same test orders.
- Set up a report that flags new items without a reviewed classification.
If you are setting up a promotion category for the holiday season anyway, review the items in it at the same time; how such a category can be filled automatically is shown in our article on the promotion category with dynamic product groups. And if you offer engravings, plan their production time into the shipping cutoff before Christmas.
How we implement withdrawal exclusions in your shop
We set up the field for the exclusion reason in the shop, the PIM or the ERP system, take over existing classifications from your lists and connect the text modules to the product page, cart, order summary, order confirmation and withdrawal function. For options such as engravings, we develop the handover to the order line item, and for ranges from several sources, the import from PIM or ERP. We do this as custom programming on your existing shop.
We do not write the texts themselves as legal advice. We implement the version agreed with your legal advisor, version it and record which version was shown for which order. If you would first like to clarify which parts of your range are affected at all, we start with consulting on your range and shop data.
This article explains the legal situation and the technical implementation in general terms. Whether a particular item falls under an exception is a case-by-case question that you clarify with your legal advisor.
This article is based on the German Civil Code (sections 312d, 312f, 312g, 312j, 312m, 355, 356 and 356a) and the Introductory Act to the Civil Code (Article 246a §§ 1 and 4) at gesetze-im-internet.de, on Directive 2011/83/EU on consumer rights (Article 16 and recital 49), the European Commission guidance on the interpretation and application of this directive (2021/C 525/01), the CJEU judgments in cases C-681/17 (slewo) and C-529/19 (Möbel Kraft), and the Shopware documentation on custom fields. All information retrieved on October 30, 2026.
Yes, just in a different form. For an item under section 312g(2) no. 1 BGB, the shop must point out before the order that the consumer cannot withdraw their declaration of intent (EGBGB). The usual withdrawal information applies to the other items in the same order.
A general sentence names the cases, but not the specific item. The information must be available clearly and comprehensibly before the order (EGBGB). As a rule, this works when the notice appears with the item, in the cart and in the order confirmation. How far your shop has to go is something to clarify with your legal advisor.
No. The CJEU ruled for a mattress that removing the protective film does not lead to the exclusion (CJEU, C-681/17). According to the European Commission guidance, the exception only applies if, after opening, the goods are definitively no longer in a saleable condition for health protection or hygiene reasons (European Commission).
Usually not, if the customer only chooses from the retailer's standard options. The European Commission explicitly names furniture in a color or texture from the manufacturer's catalog as an example where the exception does not apply (European Commission). Things may be different if production follows the customer's individual dimensions.
Yes, the exclusion only applies unless the parties have agreed otherwise (BGB). We recommend handling a voluntary return in the shop as a separate rule with its own text so that customers do not see contradictory notices.
That depends on the range. A custom field on the product with text modules on the product page and in the order confirmation is manageable. Options such as engravings, whose exclusion reason has to be passed on to the order line item, and the connection of a PIM or ERP system take more effort. We give an estimate after looking at the range and the shop; contact us via the contact page.