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Distance selling and withdrawal for personalized products

Reviewed by Dr. Daniel Wallerstorfer, molecular biologist and founder of Novogenia · Updated: 15 October 2026 · Reading time: 12 min

The tailor-made suit of supplements

No tailor hangs a made-to-measure suit back on the rack. It fits exactly one person – for everyone else, it is worthless. Personalized supplements work the same way: the formula is calculated from one person’s analysis results, questionnaire and, where available, blood values, and every box is produced for exactly that person. The sticks even have room for two short lines of text, for example the customer’s name, so that each stick is clearly assigned.

Consumer law knows this logic. It gives online shoppers 14 days to withdraw from a purchase without giving a reason – and exempts goods made specifically for one person. But your shop rarely sells only the tailor-made suit. The cart often also holds the saliva kit, the analysis as a service and perhaps non-personalized products under your brand. Each follows its own rule. Here they are for Germany, Austria and Switzerland – as orientation, not legal advice for your specific case.

The basic rule: 14 days, no reason needed

In the EU, the Consumer Rights Directive 2011/83/EU governs online sales. A distance contract is a contract that trader and consumer conclude without being physically present at the same time, using only means of distance communication – typically in your online shop (Art. 2(7)). For such contracts, consumers have 14 days to withdraw without giving any reason (Art. 9(1)). Germany implements this in Section 312g(1) and Section 355(2) of the Civil Code (BGB); Austria in Section 11(1) of the Distance and Off-Premises Contracts Act (FAGG), where it is called a right of rescission.

When the clock starts depends on the product:

• Goods: on the day your customer receives the goods; for several goods in one order delivered separately, on receipt of the last one (Art. 9(2)(b)).
• Regular deliveries, such as a subscription: on receipt of the first delivery (Art. 9(2)(b)(iii); Section 356(2) No. 1(d) BGB; Section 11(2) No. 2(d) FAGG).
• Services, such as the analysis: from the conclusion of the contract (Art. 9(2)(a)).

If you fail to inform customers about their right of withdrawal, the period is extended by twelve months (Art. 10 of the Directive; Section 12 FAGG). In Germany, the period does not start at all in that case and expires at the latest twelve months and 14 days after the regular start (Section 356(3) and (4) BGB).

What is in your cart: three exceptions

Art. 16 of the Directive lists when there is no right of withdrawal. Three of them directly affect a shop selling genetic analyses and personalized products:

What counts as personalized? The Directive defines goods made to the consumer’s specifications as non-prefabricated goods made on the basis of an individual choice of or decision by the consumer (Art. 2(4)). Alongside these, Art. 16(c) names goods that are clearly personalized. A formula calculated from one person’s analysis results and made only for that person falls into this second group, and Novogenia’s terms explicitly name dietary supplements and cosmetics “compiled and manufactured on the basis of the customer’s individual analysis results.” A standard product that merely carries a personal label is a different story: whether that is enough for the exception is a question for your legal adviser before you exclude withdrawal.

And the analysis? If your customer withdraws after the analysis has already started at her express request, she pays a proportionate amount for what has been performed so far (Art. 14(3) of the Directive; Section 16 FAGG).

Say it before the “order with obligation to pay” click

An exception only protects you if your customer knows about it. Before the order, tell her that no right of withdrawal exists or under which circumstances she loses it (Art. 6(1)(k) of the Directive; Art. 246a Section 1(3) EGBGB; Section 4(1) No. 11 FAGG). For everything that does carry a right of withdrawal, you add the conditions, time limit, procedure and the model withdrawal form (Art. 6(1)(h)). Here is how to build that into your shop:

• Product page: The notice sits next to the personalized product, not just in your terms.
• Mixed cart: Kit, analysis and personalized product are listed separately, each with the rule that applies.
• Analysis: Your customer actively agrees to the start before the period ends and confirms that her right of withdrawal expires on full performance – no pre-ticked box.
• Order confirmation: It repeats the notices – no surprises.
• Subscription: The formula is recalculated for every new production run. Explain that each delivery is again made for your customer personally (more in Subscription model and retention).

New since 2026: the withdrawal function

In German online shops, canceling has been one click away for some time: for subscriptions sold on a website, Section 312k BGB requires a cancellation button labeled “Verträge hier kündigen” (cancel contracts here). Now withdrawal follows. Directive (EU) 2023/2673 inserted Art. 11a into the Consumer Rights Directive, and member states have had to apply the rules since June 19, 2026. For distance contracts concluded through an online interface, consumers must also be able to withdraw by using a withdrawal function:

• Label: “withdraw from contract here” or an unambiguous equivalent, legible, available throughout the withdrawal period, prominently displayed and easy to access.
• Details: name, information identifying the contract and the channel for the acknowledgment of receipt.
• Confirmation: a confirmation button (in German “Widerruf bestätigen”), followed without undue delay by an acknowledgment with content, date and time on a durable medium, such as email.

In Germany, the obligation is set out in Section 356a BGB; in Austria in Section 13a FAGG, there for contracts concluded after September 30, 2026. The function serves to exercise an existing right of withdrawal (Recital 37 of Directive 2023/2673). If your shop sells products that carry one – the saliva kit or non-personalized products – ask your shop provider whether your system offers it.

No withdrawal does not mean no guarantee

The exception only removes the right to withdraw without a reason. If a box arrives damaged or does not contain what was agreed, the legal guarantee applies. The Sale of Goods Directive (EU) 2019/771 explicitly treats goods that still have to be manufactured as sales contracts (Art. 3(2)). The seller is liable for any lack of conformity that exists at delivery and becomes apparent within two years (Art. 10(1)). You remind customers of this right before they order (Art. 6(1)(l) of Directive 2011/83/EU). How to organize complaints and replacement deliveries is covered in Fulfillment, shipping and returns.

Mandatory information belongs on the product page

For supplements, food law applies too. For prepacked foods, the mandatory information – except the date of minimum durability – must be available before the purchase is concluded, on the product page or through other clearly identified means at no extra cost. All mandatory particulars must be available at delivery (Art. 14(1) of Regulation (EU) No 1169/2011). Switzerland follows the same logic: when the product is offered, only the durability date and the lot number may be missing (Art. 44(1) of the Ordinance on Foodstuffs and Utility Articles, LGV). Since personalized formulas differ by person, plan early how your product page presents this information. Details: Food supplement labeling requirements.

Switzerland: no statutory right of withdrawal online

Switzerland is not bound by the EU Directive and regulates withdrawal in its Code of Obligations (OR). There, a 14-day right of withdrawal exists for contracts on movable goods and services for personal or family use if the customer’s payment exceeds CHF 100 (Arts. 40a and 40e OR) and the offer was made in certain places: at the workplace, in a home, on public transport, on public streets and squares, at a promotional event combined with an excursion, or by telephone (Art. 40b OR). Online shop orders are not listed – unlike in the EU Directive. And customers who expressly asked for the negotiations have no right of withdrawal (Art. 40c OR).

What still applies in a Swiss online shop:

• E-commerce duties: clear details of identity and contact address including email, information on the technical steps to conclude the contract, tools to correct input errors and an immediate electronic order confirmation (Art. 3(1)(s) of the Unfair Competition Act, UWG).
• Warranty: The seller is liable for defects (Art. 197 OR). Claims become time-barred two years after delivery; for goods for personal use, a professional seller cannot shorten this period to less than two years (Art. 210(1) and (4) OR).
• Voluntary right of return: You can grant one – then describe it clearly and keep it apart from the EU withdrawal notice.

Another difference concerns the kit itself: saliva kits for lifestyle analyses may not be supplied to consumers in Switzerland as home tests (Art. 13 GUMG). More in Selling genetic tests online: DE, AT, CH.

Who is your customer’s contract partner?

A withdrawal needs an address. In the partner shop, Novogenia Marketing GmbH is the contract partner for the purchase of products and for non-medical analyses; its terms apply there. In your own shop under your own brand, you sell under your own terms – have them reviewed. Who handles withdrawals, complaints and replacement deliveries is set in your contract with Novogenia.

Checklist: withdrawal in your shop

• Every product is classified: right of withdrawal yes or no – with the legal basis for every country you ship to.
• The notice that no right of withdrawal exists appears before the order, on the product page and in the checkout.
• For the analysis: active consent to the start and confirmation that the right of withdrawal expires on full performance.
• Withdrawal information and the model withdrawal form are in place for the kit and non-personalized products.
• The “withdraw from contract here” function is set up wherever a right of withdrawal exists.
• The reminder of the legal guarantee is in place, and the complaints process is clear.
• The mandatory information under Art. 14 of Regulation 1169/2011 is visible before purchase.
• For Switzerland: e-commerce information under Art. 3(1)(s) UWG; no home-test kits for lifestyle analyses.
• An expert has reviewed your terms and checkout.

Frequently asked questions

Related: Subscription model and retention · Fulfillment, shipping and returns · Subscription models: recurring revenue

Note: This guide is general information for businesses and professionals and does not replace medical or legal advice. The genetic traits determined in a genetic analysis are well documented (each gene included is backed by at least three independent studies); recommendations derived from them are logical conclusions, not scientifically proven. Regulations can change; errors and changes excepted.