A seller won't refund me because I opened the product packaging. Is this valid?

What the Law Says

EU consumer law gives you strong rights whether or not you’ve opened the packaging — depending on why you’re seeking a refund.

If you bought the item online, by phone, or mail (a 'distance contract'), you have a legal right to withdraw within 14 days of receiving it — no reason needed. Opening the packaging does not cancel this right, unless the item is sealed for health or hygiene reasons and you broke the seal.

If the product is faulty (not as described, unfit for purpose, or not of satisfactory quality), you’re protected by the EU’s legal guarantee for up to 2 years from delivery — regardless of packaging or whether you’ve used the item.

Sellers cannot override these rights with their own terms. Any clause saying 'no refunds if opened' is unenforceable when it conflicts with EU consumer law.

Statutory Text

The consumer shall have a period of 14 days to withdraw from a distance or off-premises contract without giving any reason.

— Directive 2011/83/EU, Art. 9(1) — Right of withdrawal

Statutory Text

The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.

— Directive 1999/44/EC, Art. 3(1) — Legal guarantee

Statutory Text

Any term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations.

— Directive 93/13/EEC, Art. 3(1) — Unfair contract terms

What to Do

Sources