It isn’t clear whether a 25-year-old European Union law means you should be allowed to get refunds on your NFTs.
Should people who purchase nonfungible tokens (NFT) be entitled to refunds if they decide they don’t like their digital pictures? Some Europeans are beginning to make that case under a 25-year-old law.
Unhappy buyers have claimed that their right to a refund is protected by a 1997 European Union law that requires any person or business engaged in “distance selling” — that is, buying and selling a product that is not done in person — to allow customers a 14-day grace period to return the product for a refund. But since digital goods are different, the law makes provision for the 14-day period to be waived if customers are made aware in advance.
While the interpretation of the law is going to inevitably play out in the courts, there are several important caveats to take into account, particularly given that the law was written before the ubiquity of digital goods and services. Simply put, the law was written before the emergence of the internet, let alone digital assets like NFTs, so it is much less applicable today.
I decided to e-mail @yugalabs and ask them for a refund on my Otherdeed NFT, which I believe is my statutory right under UK law.
— Paul | Top Dog Studios (@darkp0rt) January 26, 2023
They replied!
And of course, I asked ChatGPT to write the e-mail for me https://t.co/7jIYLZyZaK pic.twitter.com/DJfYQqT3xk
Just as an example that it is not applicable to the current state of the NFT market, consider that “this Directive shall not apply to contracts” that are “concluded with telecommunications operators through the use of public payphones.” What differentiates contracts that are concluded through the use of public telephones versus through the blockchain? Nothing substantive other than the delivery mechanism, underscoring that the intent of the law was to prevent consumers from getting ripped off by sellers who were shipping physical goods that turned out to be different from what the consumer originally desired before seeing it in person.
Fundamentally, applying the directive to NFTs would pose grave consequences for patent and trademark law. Crucially, each NFT is, by definition, inherently unique, and any NFTs that get refunded and discarded inevitably imply the destruction of intangible capital. By contrast with the 1997 EU directive, shipped products are largely homogeneous, so a buyer who seeks a refund and returns it does not damage the product and prevent the seller from reselling it.
Seeing a lot of chatter about NFT refunds lately. I think this would ruin the NFT experience if it passed
— Psycho (@AltcoinPsycho) January 26, 2023
People will just mass-mint projects & seek a refund if they don’t get a rare NFT
Terrible idea. Imagine if Yugioh cards were refundable after opening https://t.co/cwx5ehiZzv
Furthermore, allowing for refunds would eliminate the very purpose of rarity in profile picture projects — potentially eliminating their value altogether. Consider the example of Bored Ape Yacht Club NFTs. The highest-value BAYC purchase was for $3.4 million spent on #8817 — which was minted for roughly $1,000 in April 2021. Its rarity is partially a product of its “gold fur,” a trait held by less than 1% of BAYC NFTs on the market.
Of course, if buyers can simply request a refund in the event that they do not like the NFTs they randomly receive during the minting process, it’s safe to say that such “1% NFTs” will become much more common, as buyers will simply keep seeking refunds until they obtain the NFTs they want. If you follow the logical consequences of that thinking, there will no longer be rare NFTs in any corner of the market.
The reality is that the law around digital assets has not kept up with the technology, so there is naturally a temptation to rely on outdated, irrelevant regulatory guidance, for better or worse. But if we keep pressing on and companies innovate and serve consumers in good faith, we can converge to a new equilibrium that generates value on all sides of the equation.
This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.
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marcushenderson624
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marcushenderson624
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12.10.25 01:12
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14.10.25 08:46
robertalfred175
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14.10.25 08:46
robertalfred175
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15.10.25 18:07
crypto
Cryptocurrency's digital realm presents many opportunities, but it also conceals complex frauds. It is quite painful to lose your cryptocurrency to scam. You can feel harassed and lost as a result. If you have been the victim of a cryptocurrency scam, this guide explains what to do ASAP. Following these procedures will help you avoid further issues or get your money back. Communication with Marie ([email protected] and WhatsApp: +1 7127594675) can make all the difference.
15.10.25 21:52
harristhomas7376
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15.10.25 21:52
harristhomas7376
"In the crypto world, this is great news I want to share. Last year, I fell victim to a scam disguised as a safe investment option. I have invested in crypto trading platforms for about 10yrs thinking I was ensuring myself a retirement income, only to find that all my assets were either frozen, I believed my assets were secure — until I discovered that my BTC funds had been frozen and withdrawals were impossible. It was a devastating moment when I realized I had been scammed, and I thought my Bitcoin was gone forever, Everything changed when a close friend recommended the Capital Crypto Recover Service. Their professionalism, expertise, and dedication enabled me to recover my lost Bitcoin funds back — more than €560.000 DEM to my BTC wallet. What once felt impossible became a reality thanks to their support. If you have lost Bitcoin through scams, hacking, failed withdrawals, or similar challenges, don’t lose hope. I strongly recommend Capital Crypto Recover Service to anyone seeking a reliable and effective solution for recovering any wallet assets. They have a proven track record of successful reputation in recovering lost password assets for their clients and can help you navigate the process of recovering your funds. Don’t let scammers get away with your hard-earned money – contact Email: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Contact: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1
17.10.25 20:17
tyleradams
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17.10.25 20:20
lindseyvonn
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17.10.25 20:22
richardcharles
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17.10.25 20:23
stevekalfman
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17.10.25 21:42
marcushenderson624
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17.10.25 21:42
marcushenderson624
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17.10.25 21:42
marcushenderson624
Bitcoin Recovery Testimonial After falling victim to a cryptocurrency scam group, I lost $354,000 worth of USDT. I thought all hope was lost from the experience of losing my hard-earned money to scammers. I was devastated and believed there was no way to recover my funds. Fortunately, I started searching for help to recover my stolen funds and I came across a lot of testimonials online about Capital Crypto Recovery, an agent who helps in recovery of lost bitcoin funds, I contacted Capital Crypto Recover Service, and with their expertise, they successfully traced and recovered my stolen assets. Their team was professional, kept me updated throughout the process, and demonstrated a deep understanding of blockchain transactions and recovery protocols. They are trusted and very reliable with a 100% successful rate record Recovery bitcoin, I’m grateful for their help and highly recommend their services to anyone seeking assistance with lost crypto. Contact: [email protected] Phone CALL/Text Number: +1 (336) 390-6684 Email: [email protected] Website: https://recovercapital.wixsite.com/capital-crypto-rec-1