Right of withdrawal and mystery boxes: selling to consumers

B2B purchase and B2C sale: two different regimes

When you buy a lot from a wholesaler such as CNJ, you are trading as a business with another business. Consumer protection does not apply there: there is no cooling-off period, no guarantee on the contents or resale value of a lot, and the business return terms differ from what consumers are used to. That is normal practice in wholesale and is stated as such in our disclaimer.

As soon as you sell those same goods as a mystery box to a consumer, the regime changes completely. You are then the seller on whom the consumer rules rest, regardless of where and under which terms you bought. So you cannot pass your supplier's B2B terms on to your customers one-to-one. Keep those two worlds deliberately separate in your records and in your communication.

Right of withdrawal and cooling-off period: the general principle

With distance selling, meaning via a web shop, a social platform or the telephone, a consumer generally has a statutory cooling-off period in which they can cancel the purchase without giving reasons. The law provides exceptions for certain types of products, but do not simply assume that a mystery box falls under them; the element of surprise in itself is no reason to exclude the right of withdrawal.

You are also obliged to inform the consumer clearly about that right in advance, including how and within what period they can exercise it. Sellers who fail to provide that information, or provide it incompletely, are generally in a weaker legal position and run the risk of the cooling-off period being extended. The exact periods, exceptions and forms are set out in the guidance of the Dutch consumer authority ACM, or of the equivalent authority in your own country; have your implementation checked by a lawyer.

Information duty: what you do and do not promise

The information duty revolves around the main characteristics of the product. With a mystery box that is harder than with an ordinary item, because the contents differ per box. The solution is not to stay vague, but to describe precisely what is certain and to state honestly what you do not know. Include at least the following points in your product description:

What you do not promise is at least as important: no retail value, no brands, no specific items and no statement about profit. Everything you do mention must hold true for every box you ship, because your customer is entitled to rely on that information.

• The origin: for example sealed undelivered parcels or sorted return goods, bought from a wholesaler.
• What is certain: the product category, the number of items or the weight, and the size of the box.
• The condition: items may be incomplete, untested or in damaged packaging.
• The total price including VAT and the shipping costs, without hidden surcharges.
• Your company details, contact options and a reference to your terms and conditions.
• How the cooling-off period and any return work in practice.

No misleading claims about value or chances of winning

Claims such as 'retail value at least double the price' are tempting, but are generally only permitted if you can substantiate them for every box. If you cannot, such a claim may be regarded as a misleading commercial practice, and misleading by omission, for example concealing that items are untested, usually weighs just as heavily. The consumer authority supervises this and publishes guidance on honest advertising.

Also be careful with the framing of chance and luck. Presenting a mystery box as a lottery, with terms such as 'chance of a grand prize' or 'winning', can raise the question of whether it constitutes a game of chance, for which separate rules and a separate regulator exist. So describe your box as a product with variable contents, not as a gamble. If you are unsure about a wording, have it checked by a lawyer beforehand.

Handling returns of opened mystery boxes

An opened box is the most frequent question from starting sellers. The starting point in consumer law is that a consumer may examine the product as they would in a shop; opening the packaging therefore generally does not mean the cooling-off period lapses. A seller may, however, under certain circumstances charge a reduction in value if the consumer went further than necessary to assess the product. How that works out exactly differs per situation. A practical approach that prevents much discussion:

• Record what is in each box, with a packing list or a photo before you seal it.
• Number or seal your boxes so you can link a return to a shipment.
• Describe in your terms how a return works and who bears the return costs, where the law allows you to agree that.
• Assess a returned box against your packing list and document its condition on receipt.
• Process refunds consistently within the period the law prescribes; check that period with the consumer authority or your lawyer.

Drafting your terms and having them reviewed

Good general terms and conditions are not a copy of some random web shop's, but a document that fits the particular nature of a mystery box. They must be available before the purchase is concluded and describe in plain language what the customer is buying, what you promise and how withdrawal, returns and complaints are handled. Terms that restrict consumers' statutory rights are generally not valid, however clearly they are written.

Use the consumer authority's guidance as a first check and have the final text reviewed by a lawyer with web shop experience. That costs a one-off fee, but prevents a single complaint from growing into a dispute that eats the margin on an entire lot. Also revise your terms whenever you add a new sales channel, because platforms often impose additional requirements on sellers.

Frequently asked questions

Does the right of withdrawal also apply to a mystery box?

With online sales to consumers a statutory cooling-off period generally applies, and the element of surprise in itself is no reason to exclude it. The law provides exceptions for certain products, but do not assume your box falls under them. Consult the consumer authority's guidance and have your situation assessed by a lawyer.

May I state a retail value for a mystery box?

Only if you can substantiate that value for every individual box. A claim you cannot back up may be regarded as a misleading commercial practice. It is safer to describe the category, the number of items, the origin and the condition, and to leave value out of it altogether.

Can a customer return an opened mystery box?

Generally yes: a consumer may examine the product as in a shop, and opening it usually does not mean the cooling-off period lapses. Under certain circumstances you may charge a reduction in value if they went further than necessary to assess it. Set out your procedure in your terms and have it reviewed by a lawyer.