Complaints price limit
Basically, the Consumer Complaints Board is empowered to hear complaints relating to goods or services that cost at least DKK 800, though in the case of footwear and textiles the minimum is DKK 500 (DKK 10,000 for motor vehicles). The upper limit for all cases is DKK 100,000. Accrued interest, reminder fees and debt collection costs etc. are disregarded in deciding whether the price limit has been complied with.
Under exceptional circumstances the minimum limit may be set aside, for example if the complaint is of general significance to a large number of consumers and is otherwise important in terms of principle.
There may be doubt as to whether the price has been complied with in ongoing contractual relationships, e.g. rental agreements and current subscriptions. The assessment will be based as far as possible on the amount of remuneration for the specific service to which the complaint relates. If you are in doubt, you can get an answer from the Consumer Hotline on 70 13 13 30 on weekdays from 9.00-12.00 (Thursdays 15.00-19.00).
You must be a consumer
You are a consumer if the product or service you have bought is principally intended for your use as a private individual, that is to say, if the product or service forms part of your everyday domestic arrangements.
However, you are not a consumer if the product or service is principally intended for the exercise of commercial activity or the like. The distinction is not always straightforward, but one helpful yardstick might be whether you paid for the product or service through your company, for example by quoting your Central Business Register number.
The product or service must have been bought from a business
The Consumer Complaints Board is empowered to hear only complaints concerning goods or services that a private individual has bought from a business that is selling the product or service as part of its trade.
It cannot hear complaints concerning goods or services you have bought from another private individual. Nor can the Consumer Complaints Board hear complaints concerning goods or services obtained from a public authority (unless these relate to electricity, gas, water and heat or personal/goods transport).
You must have tried to resolve the problem with the business
The Consumer Complaints Board is empowered to hear a complaint only if the consumer has complained to the business without the desired result – in other words, you must complain to the business first.
You must always allow the business a reasonable period to assess whether your complaint is justified. This means that the business must have the opportunity to examine the product or the problem. However, there are limits as to how long this may take, and how many attempts to remedy the situation you must tolerate.
Bear in mind that a solution reached with the business is far cheaper for both parties than the hearing of a complaint by a panel.
The product or service must have been bought or ordered in Denmark
The Consumer Complaints Board is empowered to hear only those claims that fall within the purview of the Danish courts. The regulations in this field are complicated, but you can normally assume that a complaint may be heard if the product or service was bought in Denmark or if the product was bought via the Internet etc. from a business that deliberately targets the Danish market.
If the product was bought abroad, you may obtain guidance on possible complaint options.
You must justify your assertions in writing if the business contests them
It is you as the consumer who must demonstrate where and when you bought a product or service, what it costs, and the fact that you have paid for it, so it is important that you retain receipts, statements of account etc. You will need them if you later wish to complain about the product or service you have bought, or if you are reminded to pay an amount you think you have already paid. You should also keep copies of letters etc. in which you complain to the business about the product or service.
The Consumer Complaints Board often encounters cases in which the consumer has no written proof of the purchase, any previous exchange of letters that may have taken place with the business, or guarantee certificates etc. If the complaint is based solely on contradictory accounts that cannot be substantiated in writing, the case will have to be rejected, because the Consumer Complaints Board is empowered to hear only complaints based on written documentation, and cannot interrogate witnesses in the same way as the courts.
You must comply with relevant time limits
If you have bought a product or service, you may complain about defects not caused by yourself only if you complain to the business within two years of your purchase, though this does not apply if a long-term guarantee has been granted or if the vendor has remedied a defect and the same defect re-appears later.
If you have had a service performed (for example house removal, repair etc.) you will – depending on the circumstances – have up to five years after the service was performed to complain of defects.
Requirements also exist to the effect that you should complain to the business as soon as possible when you discover a problem. The amount of time that may pass is a matter of specific judgement in each case, but if you complain to the business within two months of discovering the fault you will always be within the limit.
You should follow up your complaint right away if the business rejects your claim, for example by complaining to the Consumer Complaints Board – otherwise you may lose your right to complain. Lawyers call this loss of rights through laches. Whether the complainant has remained passive for too long is a matter of individual assessment.
You must not be to blame for the problem
This may sound obvious, but consumers tend to disregard their own contribution to the problem they are complaining about. If an object is used in an abnormal manner, is exposed to extraordinary wear or the like, a defect will not always be regarded as a deficiency that confers rights under the option to purchase.
A product or a purchase is normally only considered defective if the fault is due to a shortcoming in materials or manufacture that was present when the product or service was paid for. If you continue to use a product that has defects you may make the fault worse, which may lead to failure to be upheld in your complaint, because this may make it impossible for the expert to assess the extent of the original fault or the reason why it occurred.
Before you complain it is therefore important to consider whether you have made any significant contribution yourself to the occurrence of the fault or to its becoming worse than would otherwise have been the case – because this may be important in terms of the amount you may claim back from the business, and ultimately also in terms of your right to be upheld in your complaint at all.