Can You Refuse Returns for Hygiene Reasons in the

If you sell products online, you may have wondered whether you can refuse a return by pointing to hygiene reasons. A recent blog post by Arnoud Engelfriet on Ius Mentis explores exactly this question, prompted by a consumer who tried to return over-ear headphones after opening the sealed packaging.

What does Dutch law say?

According to Ius Mentis, Dutch law does include a hygiene exception for the right of return. Under art. 6:230p lid 3 onder f BW, consumers have no right to return goods "that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery."

However, according to Ius Mentis, this exception is narrower than many webshops assume. The EU Court of Justice considered this question in a case involving a mattress (referred to as the Slewo ruling), and reportedly concluded that the key test is whether a product can definitively no longer be sold for health or hygiene reasons, because the nature of the product makes it impossible or very difficult for the seller to take measures to offer it again without compromising those requirements.

In other words, the fact that something feels unpleasant to resell is not enough on its own.

What about rulings in practice?

According to Ius Mentis, the Geschillencommissie (a Dutch consumer disputes body) has issued rulings finding that certain personal care devices, such as a curling iron, a shaver and a hair trimmer, qualify as hygiene products under this exception. The reasoning in those cases was reportedly that the seller could not make the product suitable for resale through cleaning or disinfection.

Engelfriet notes on Ius Mentis that he finds this reasoning thin, particularly where rulings rely on a product simply being "experienced as unhygienic" rather than explaining why it cannot actually be cleaned.

For over-ear headphones specifically, Ius Mentis suggests the hygiene exception is harder to justify compared to, say, in-ear headphones, where contact with earwax or skin could make sterilisation genuinely difficult.

According to Ius Mentis, there is currently no settled Dutch court case directly on this point, other than a pending case involving a bikini, which has so far focused on whether a seal was broken rather than whether the product is impossible to clean.

What does this mean for your website?

If your webshop sells products you consider hygiene-sensitive, you cannot simply add a line to your product page saying returns are refused and expect that to hold up. According to Ius Mentis, you would need to be able to explain concretely why the product cannot be cleaned or made fit for resale after being returned. It is also worth making sure your general terms and conditions and product information are clearly written and legally sound, which connects to broader requirements around what information you must display, including your registration details (see our guide on KVK number requirements and impressum requirements).