CONSUMER EUROPE

Laws

Here you will find a number of Danish laws and different EU rules that may be relevant when crossing borders within the EU.

Danish laws

The Act on Actions for Injunctions provides more effective enforcement of consumer protection in the single market, thereby strengthening European regulatory cooperation. The Act’s effects include improved powers to prevent illegal cross-border selling.

 

Act no. 1257 of December 20, 2000

We, Margrethe the Second, by the Grace of God Queen of Denmark, hereby make known:

The Folketing has passed and we have given our Royal Assent to the following Act:

Scope

1.-(1)This Act shall apply to the national rules implementing the Directives listed in the Annex to Directive 98/27/EC of the European Parliament and the Council on injunctions for the protection of consumers’ interests.

(2) The Minister for Trade and Industry can lay down that the Act shall apply to Directives that are listed in the Annex mentioned in subsection

(1) above after the entry into force of this Act.

(3) This Act shall apply in cases where a trader in a Member State infringes the said Directives as transposed into the internal legal order of the Member States, and the infringement has effect in another Member State.

1. Recognition of legal capacity

2. Foreign authorities and organisations entered in the list published by the Commission in the in the Official Journal of the European Community in accordance with the provisions in Directive 98/27/EC, can bring actions before the courts of law for an injunction in pursuance of the Danish Administration of Justice Act, cf. section 3 hereof.

2. Injunctions 

3.-(1) Acts contrary to the Directives listed in Annex mentioned in section 1(1) as transposed into the internal legal order of the Member States can be prohibited by judgment if they infringe the collective interests of consumers. In connection with this or later provisions can be made by judgment on such measures that may be deemed necessary with a view to ensuring compliance with the injunction or restoration of state existing before the unlawful act.

(2) If it is proved or rendered probable that the trader intends to continue the act for which an injunction is sought, and the purpose would be frustrated if the foreign authority or organisation is referred to invoke its right in normal court proceedings, the enforcement court may issue an injunction in accordance with the rules in Part 57 of the Danish Administration of Justice Act.

3. Approval of authorities and organisations

4.-(1) The Minister for Trade and Industry can after consultation with the affected ministers appoint the Danish authorities and organisations who can bring actions for an injunction in other Member States for infringement of the Directives listed in the Annex mentioned in section 1(1) as transposed into the internal legal order of the Member States.

(2) After consultation with the involved ministers the Minister for Trade and Industry can lay down more specific conditions for the exercise of the legal capacity mentioned in subsection (1) above.

(3) The Minister for Trade and Industry shall inform the Commission of name of and purpose of the authorities mentioned in subsection (1) above for the purpose of admission on the list mentioned in section 2.

4. Representation

5.-(1) After consultation with the involved ministers the Minister for Trade and Industry, in pursuance of the rules on agents, can authorise Danish authorities to conduct actions according to section 3 above on behalf of the foreign authorities and organisations mentioned in section 2 above.

(2) After consultation with the involved ministers the Minister for Trade and Industry lay down more specific conditions for the exercise of the agent activity mentioned in subsection(1).

5. Entry into force

6.-This Act shall enter into force on January 1, 2001.

6. The Faroe Islands and Greenland

7.-This Act shall not extend to the Faroe Islands and Greenland; however a royal decree may be issued to the effect that the Act shall apply to the Faroe Islands and Greenland with any amendments resulting from the special Faroese and Greenland conditions.

Given at Christiansborg Castle December 20, 2000

Under Our Royal Hand and Seal

MARGRETHE R 
/Pia Gjellerup

 

Submitted by the Minister for Economic and Business Affairs (Lene Espersen).
Adopted by the Danish Parliament on 7 May 2009.

Law on services in the internal market 

Chapter 1

Scope

§ 1. This law applies to

1) service providers, who are nationals of or established in a EU/EEA Member State, who wish to establish or are already established in Denmark and 
2) service providers, who are established in a EU/EEA Member State, who wish to deliver services on a temporary basis in Denmark or who deliver services on a temporary basis in Denmark.

Para. 2. This law does not apply to

1) liberalisation of services of general economic interest, reserved to public or private entities, 
2) privatisation of public entities providing services, 
3) abolition of monopolies providing services, 
4) aids granted by Member States which are covered by Community rules on competition, 
5) definitions, in conformity with Community law, of what is considered to be services of general economic interest, 
6) organisation and financing, in compliance with the State aid rules, of services of general economic interest, and what specific obligations they should be subject to, 
7) measures taken, in conformity with Community law, to protect or promote cultural or linguistic diversity or media pluralism, 
8) rules of criminal law, 
9) labour law, including rules regulating health and safety at work, 
10) social security legislation, 
11) the exercise of fundamental rights, 
12) the field of taxation, 
13) rules of private international law and 
14) provisions of another Community act governing specific aspects of access to or exercise of a service activity in specific sectors or for specific professions in conflict with the provisions of this law.

Para. 3. This law does not apply to the following services:

1) non-economic services of general interest, 
2) financial services, 
3) electronic communications services and networks, and associated facilities and services, with respect to matters covered by Directives 2002/19/EC, 2002/21/EC, 2002/22/EC and 2002/58/EC. 
4) services in the field of transport, including port services, falling within the scope of Title V of the Treaty, 
5) services provided by temporary work agencies, 
6) healthcare services, 
7) audiovisual services, 
8) gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, gambling in casinos and betting transactions, 
9) activities, which are connected with the exercise of official authority, 
10) social services relating to social housing, childcare and support of families and persons permanentl or temporarily in need which are provided by the State, by providers mandated by the State or by charities 
11) private security services.

Chapter 2

Definitions

§ 2. For the purposes of this law, the following definitions shall apply:

1) Service: Any self-employed economic activity, normally provided for remuneration. 
2) Service provider: 
a) Any natural person, who is a national of a EU/EEA Member State, who offers or provides a service. 
b) Any legal person, who is established in a EU/EEA Member State, who offers or provides a service. 
3) Service recipient: 
a) Any natural person, who is a national of a EU/EEA Member State or who benefits from rights conferred upon him or her by Community acts, when he or she for professional or non-professional purposes uses, or wishes to use, a service. 
b) Any legal person, established in a EU/EEA Member State when this person for professional or non-professional purposes uses, or wishes to use, a service. 
4) Establishment: Service providers’ actual pursuit of an economic activity for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out. 
5) Temporary provision of services: The provision of services in another EU/EEA Member State than the Member State where the service provider is established. 
6) Authorisation scheme: Any procedure under which a service provider is required to take steps in order to obtain permission from a competent authority concerning access to or exercise of a service activity. 
7) Requirement: Any obligation, prohibition, condition or limit provided for in laws, regulations or administrative provisions or in consequence of case-law, administrativepractice, the rules of professional bodies, or the collective rules of professional associations or other professional organisations, adopted in the exercise of their legal autonomy. Rules laid down incollective agreements negotiated by the social partners shall not as such be seen as requirements within the meaning of the law. 
8) Overriding reasons relating to the public interest: Reasons recognised as such in the case law of the Court of Justice, inter alia public order, public security, public health orthe protection of the environment. 
9) Competent authority: Any body which has a supervisory or regulatory role in relation to the access to or exercise of a service activity.

Chapter 3

Information requirements for service providers

§ 3. The service provider must inform the service recipient of under which legal form his or her business is carried on.

Para. 2. The service provider must in a clear and unambiguous manner supply the service provider with the information mentioned in para. 1 in good time before conclusion of the contract or, where there is no written contract, before the service is provided.

§ 4. The service provider must, at the service recipient’s request, supply the following information:

1) Whether the service provider exercises different types of services. 
2) Whether the service provider collaborates with other service providers concerning the exercise of the service in question.

Para. 2. If the service provider delivers different types of services or collaborates with other service providers concerning the exercise of the service in question, the service provider must, at the service recipient’s request, supply information on the measures taken to avoid potential conflicts of interest. Para. 3. § 3, para. 2, is applicable to the information in para. 1 and 2 with the necessary adjustments.

§ 5. The service provider must in a clear and unambiguous manner supply the service provider with the information mentioned in §§ 3 and 4 in good time before conclusion of the contract or, where there is no written contract, before the service is provided.

Chapter 4

Rights of service recipients

§ 5. A service provider may not subject a service recipient to discriminatory treatment based of the nationality, place of registered office or place of residence of the service recipient.

Para. 2. Para. 1 does not preclude the possibility of providing for differences in the conditions of access where those differences are directly justified by objective criteria.

§ 6. A competent authority may not impose on a service recipient requirements which restrict the use of a service supplied by a service provider established in another EU/EEA Member State.

Para. 2. A competent authority may not impose on a service recipient discriminatory requirements based on the nationality place of registered office or place of residence of the service recipient.

Para. 3. Para. 2 does not preclude the possibility for competent authorities to provide for differences in the conditions of access where those differences are directly justified by objective criteria. '

Chapter 5

Documents

§ 7. Where competent authorities require documentation proving that a requirement has been satisfied, they shall accept any document issued in another EU/EEA Member State, which proves that the requirement has been satisfied.

Para. 2. A competent authority may require that a service provider or a service recipient submits unauthorised translations of documents.

Para. 3. With regards to documents issued in another EU/EEA Member State, a competent authority may only require the submission of the original document or a certified copy or certified translation hereof if provided for in other Community instruments or justified by an overriding reason relation to the public interest.

Para. 4. Para. 1-3 do not concern documents referred to in article 7(2) and 50 of Directive 2005/36/EC, in Articles 45(3), 46, 49 and 50 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in Article 3(2) of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, in the First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community and in the Eleventh Council Directive 89/666/EECof 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State.

§ 8. Attestation of insurance or guarantee issued by a credit institution or an insurer established in another EU/EEA Member State must be considered as sufficient attestation for meeting a requirement concerning professional liability insurance or another form of guarantee if the insurance or guarantee in question is equivalent or essentially comparable in terms of purpose and coverage.

Chapter 6

Freedom of establishment

§ 9. Service providers have the right to establish themselves in Denmark.

Para. 2. If an authorisation is required in order to deliver a service the authorisation scheme and the conditions for granting the authorisation must be made public in advance, justified by an overriding reason relating to the public interest and non-discriminatory. The authorisation scheme and the conditions for granting the authorisation must also be appropriate for the purpose of achieving the objective pursued, and the purpose may not be possible achieve by means of a less restrictive measure.

Para. 3. When a competent authority investigates whether a service provider meets the conditions for granting an authorisation it must observe the requirements, which the service provider is already subject to in another EU/EEA Member State or in relation to another Danish authorisation, if these requirements are equivalent or essentially comparable to the conditions for granting the Danish authorisation in question. The competent authority may not require the same condition fulfilled several times.

Para. 4. A competent authority may not directly or indirectly involve a competing service provider in relation to the competent authority’s granting of authorisation to a service provicer.

§ 10. A competent authority may not pose any of the following requirements on a service provider:

1) Discriminatory requirements based directly or indirectly on nationality or, in the case of companies, the location of the registered office. 
2) A prohibition on having an establishment in more than one Member State or on being entered in the registers or enrolled with professional bodies or associations of more than one Member State. 
3) Restrictions on the freedom of a provider to choose between a principal or a secondary establishment, in particular an obligation on the provider to have its principal establishment in their territory, or restrictions on the freedom to choose between establishment in the form of an agency, branch or subsidiary. 
4) Conditions of reciprocity with the Member State in which the provider already has an establishment. 
5) The case-by-case application of an economic test making the granting of authorisation subject to proof of the existence of an economic need or market demand, an assessment of the potential or current economic effects of the activity or an assessment of the appropriateness of the activity in relation to the economic planning objectives set by the competent authority. 
6) An obligation to provide or participate in a financial guarantee or to take out insurance from a provider or body established in their territory 
7) An obligation to have been pre-registered, for a given period, in the registers held in their territory or to have previously exercised the activity for a given period in their territory.

Para 2. The prohibition in para. 1, no. 5, litra a-c, does not concern planning requirements, which do not pursue economic aims but serve overriding reasons relating to the public interest.

Para 2. Para. 1 (6) does not preclude that a competent authority may require the service provider to take part in a collective compensation-fund in Denmark.

Chapter 7

Temporary provision of services

§ 11. Service providers who are established in another EU/EEA Member State have the right to provide services in Denmark on a temporary basis.

Para. 2. A competent authority may only impose requirements on a service provider, who provides services in Denmark temporarily, if the requirements are justified for reasons of

1) public order, 
2) public security,
3) public health or 
4) the protection of the environment.

Para. 3. Requirements imposed on a service provider, who provides services in Denmark temporarily, may not be neither directly nor indirectly discriminatory with regard to nationality or Member State of establishment.

Para. 4. Requirements imposed on a service provider, who provides services in Denmark temporarily, must be appropriate for the purpose of achieving the objective pursued, which cannot be attained by means of a less restrictive measure.

§ 12. § 11 does not apply to:

1) services of general economic interest which are provided in another Member State, 
2) matters covered by Directive 96/71/EC, 
3) matters covered by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, 
4) matters covered by Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, 
5) the activity of judicial recovery of debts, 
6) matters covered by Title II of Directive 2005/36/EC, 
7) requirements, which reserve an activity to a particular profession, 
8) matters covered by Regulation (EEC) No 1408/71, 
9) as regards administrative formalities concerning the free movement of persons and their residence, matters covered by the provisions of Directive 2004/38/EC that lay down administrative formalities of the competent authorities of the Member State where the service is provided with which beneficiaries must comply, 
10) requirements for non-EU/EEA nationals and nationals of Switzerland to obtain a visa or residence permission, 
11) requirements for non-EU/EEA nationals and nationals of Switzerland to report to the Danish, competent authorities on or after their entry, 
12) as regards the shipment of waste, matters covered by Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community, 
13) copyright, neighbouring rights and rights covered by Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products and by Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as well as industrial property rights, 
14) acts requiring by law the involvement of a notary, 
15) matters covered by Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audit of annual accounts and consolidated accounts, 
16) the registration of vehicles leased in another EU/EEA member state, 
17) provisions regarding contractual and non-contractual obligations, including the form of contracts, determined pursuant to the rules of private international law.

Chapter 8

Administrative cooperation

§ 13. The Minister for Economic and Business Affairs will issue further rules concerning the procedures for the administrative cooperation with competent authorities in other EU/EEA Member States, including the electronic exchange of information about service providers.

Para. 2. The Minister for Economic and Business Affairs appoints the competent authority who will act as Denmark’s liaison point for the administrative cooperation with competent authorities in other EU/EEA Member States.

Chapter 9

Other precautionary measures

§ 14. The Minister for Economic and Business Affairs will issue further rules concerning the precautionary measures that may as an exception be taken with regards to service providers who delivers services in Denmark on a temporary basis, in accordance with articles 18 and 35 of the Directive on services in the internal market, as well as the procedures to do so.

Chapter 10

Reporting requirements

§ 15. The Minister for Economic and Business Affairs will issue further rules in order to meet the requirements in articles 15 (7) and 39 in Directive 2006/123/EC of the European Parliament and the Council concerning reporting to the European Commission any new requirements on services, service providers and service recipients.

Chapter 11

Setting up a point of point of single contact

§ 16. The Minister for Economic and Business Affairs will issue further rules in order to meet the requirements of Directive 2006/123/EC of the European Parliament and the Council concerning the setting up of a point of single contact.

Chapter 12

Penalties

§ 17. Violation of § 3, para. 1, § 4, para. 1 and 2, and § 5 is punishable by fine unless a more severe penalty is required according to other legislation.

Chapter 13

Entry into force etc.

§ 18. This law enters into force on 28 December 2009.

§ 19. This law does not apply to the Faroe Islands or Greenland.

1The law implements parts of Directive 2006/123/EC of the European Parliament and the Council from 12 December 2006. 

Act on the sale of goods Consolidation Act No. 237 of 28 March 2003 as amended by Act No. 523 of 6 June 2007

General Provisions

1.-(1) The provisions of this Act shall apply unless otherwise agreed, expressly or by implication, in a contract or required by trade usage or other custom. 
(2) In a consumer sale, sections 2(1), 4A, 50, 55-58, 74, 75, 76(1)(i)-(iii), 76(2)-(3), 77-79, 80(1) and 81-87 of this Act may not be derogated from to the detriment of the consumer, see section 4A of this Act. 
(3) The provisions of section 54(4) of this Act may not be derogated from to the detriment of a subsequent assignee who is primarily acting for purposes that are not related to his trade, business or profession.

1A-(1) This Act shall apply to all contracts of sale other than contracts for the sale of immovable property. 
(2) Sections 72-87 of this Act shall apply exclusively to consumer sales, however. 
(3) Sections 5, 10, 11, 17(2), 42, 43(1)-(2), 44, 47-49 and 52-54 of this Act do not apply to consumer sales. 
(4) This Act does not apply to contracts of sale governed by the Danish International Sale of Goods Act.

2.-(1) A contract for the supply of goods to be manufactured or produced is to be considered a sale for the purposes of this Act. In a non-consumer sale, this shall only apply if the party who undertakes the manufacture or production supplies the substantial part of materials necessary. 
(2) However, this Act does not apply to contracts for the construction of buildings or other facilities on immovable property. 
(3) The provisions of this Act regulating contracts of sale shall apply correspondingly to contracts of barter or exchange.

3. For the purposes of this Act, a sale of generic goods does not only mean the sale of a specific quantity of a specified type of goods but also the sale of a specific quantity of a specified bulk.

4.-(1) For the purposes of this Act, a commercial sale means a sale between merchants in the ordinary course of business. 
(2) A merchant means any person who makes it his business to sell goods bought for such purpose, to carry on stock broking or banking, insurance business, commission agency business, publishing business, pharmacy, restaurant keeping, a trade, a craft or industrial production, to undertake the construction of buildings or other construction work or to convey persons, goods or communications. 
(2) However, any person who, without any assistance other than his or her spouse, children under the age of 15 and domestic servants, runs a public house, carries on a trade or craft, transportation or such small business for which no special licence is necessary or licence is granted for no consideration, shall not be considered a merchant.

4A-(1) For the purposes of this Act, a consumer sale means a contract of sale between a buyer (consumer) and a merchant acting in the course of business when the buyer is primarily acting for purposes that are not related to his trade, business or profession. It is for the seller to prove that the contract is not a consumer sale. 
(2) A sale by a non-merchant shall also be considered a consumer sale if the contract of sale is concluded or brought about on behalf of the seller by a merchant under the same conditions as provided in subsection (1) above.

Determination of the Price

5. If a contract has been concluded without making provision for the price, the buyer shall pay the price charged by the seller provided such price is not considered unfair.

6. If, in a commercial sale, the buyer has received an invoice or a bill, the buyer shall pay the invoiced or billed price unless he declares without delay that he does not accept the price unless a lower price follows from a contract or the invoice or bill is clearly unreasonable.

7. If the price is to be determined according to number, measurement or weight, the quantity at the time the risk of accidental loss of the goods passes to the buyer shall be applied for the purpose of determining the price.

8. If the price is to be determined according to the weight of the goods, the weight of the packaging (tare) shall first be deducted.

Delivery of the Goods (Place of Delivery)

9.-(1) The seller shall deliver the goods at the place where, at the time of the conclusion of the contract, he had his residence. If, at the time of the conclusion of the contract, the seller was carrying on business and the contract relates to that business, delivery shall be made at the place of business. 
(2) If, at the time of the conclusion of the contract, the goods were at a place other than one specified in subsection (1) above, and if the parties knew or ought to have known this, that place is to be considered the place of delivery.

10. If the contract of sale involves carriage of the goods by the seller from one place to another to be handed over to the buyer at the latter place, delivery is considered to be made when the goods have been handed over to a carrier for transmission from the place concerned or, if the goods are carried by ship, when the goods are on board the ship.

11. If the seller shall cause the goods to be brought to the buyer in the same place or within the same area to which the seller ordinarily undertakes to bring such goods, delivery is considered to be made when the goods have come into in the buyer’s possession.

Time of Performance

12. If no time for payment of the price or delivery of the goods has been fixed and circumstances do not indicate that performance shall be made as soon as possible, performance shall be made on demand.

13. If a period of time has been fixed for delivery, the seller may within that period choose a date of delivery unless circumstances indicate that the period was fixed for the benefit of the buyer.

The Right to Demand Concurrent Performance

14. If no extension of time has been granted by either party, the seller is not bound to deliver the goods except against the simultaneous payment of the price, and the buyer is not bound to pay the price except against the goods being simultaneously placed at his disposal.

15. If the goods are to be shipped from the place of delivery, the seller may not, under the provisions of section 14 of this Act, refrain from shipping them, but the seller may prevent the goods from being handed over to the buyer until the price has been paid.

16. If, in a commercial sale, the shipment of the goods from the place of delivery to their destination involves a bill of lading or waybill of such a nature as to prevent the seller from disposing of the goods after they have been handed over to the buyer, the price shall be paid against the handing over of the document concerned as provided in section 71 of this Act.

Passing of Risk

17.-(1) The risk of accidental loss of or damage to the goods is on the seller until delivery has been made. 
(2) If the contract concerns the sale of specific goods to be collected by the buyer and if the contractual time of collection has come and if the goods are ready for collection, the risk is on the buyer, and the buyer must pay the price even if the goods are accidentally lost or damaged.

Benefits Yielded by the Goods

18.-(1) Benefits yielded by the goods prior to the date of delivery shall accrue to the seller unless it was reasonable to expect them to be yielded at a later time. 
(2) Benefits yielded subsequent to the date of delivery shall accrue to the buyer unless it was reasonable to expect them to be yielded at an earlier time.

19.-(1) A contract for the acquisition of a share shall include any dividend that has not fallen due for payment at the time of the conclusion of the contract. 
(2) If a right to subscribe for new shares is or will become attached to the share, this right shall flow to the buyer.

20. The acquisition of an interest-bearing, written claim includes the interest that has accrued but not fallen due at the time of the conclusion of the contract or, if delivery is to be made at a later date, the interest accrued but not fallen due at the date of delivery. An amount equal to such interest is payable as an addition to and concurrently with the price unless circumstances indicate that the claim is sold as doubtful.

Late Performance by the Seller

21.-(1) If the goods are not delivered by the agreed time and this is not due to circumstances attributable to the buyer or an accidental event for which the buyer bears the risk, the buyer may demand performance or declare the contract avoided. 
(2) If the late delivery was or the seller must have presumed it to be immaterial to the buyer, the buyer may not declare the contract avoided unless he has made delivery on a specified date a condition of the contract. 
(3) In a commercial sale any delay is considered to be material unless the delay concerns only an insignificant part of the goods.

22. In the case of a contract where the seller is to deliver by instalments and one of the instalments is late, the buyer may declare the contract avoided with respect to that instalment under the provisions of section 21 of this Act. The buyer may declare the contract avoided with respect to future instalments if there are grounds to conclude that delays will occur in respect of future instalments, or declare the contract avoided in its entirety by reason of the interdependence of the instalments.

23. If, in a sale of specific goods, the goods are not delivered by the agreed time, the seller shall be liable to pay damages unless it is established that the delay is not his fault.

24. In a sale of generic goods, the seller shall pay damages even if the delay is no fault of his unless he has reserved the right to be exempted from paying damages or the performance of the contract must be deemed impossible by reason of circumstances that are not of such a nature that the seller should have had them in contemplation at the time of the conclusion of the contract, including accidental loss of all goods of the type or the bulk to which they relate, war, import restrictions etc.

25. If a contract is avoided and damages are payable as provided in section 23 or 24 of this Act, then, in the absence of evidence that other damage has been suffered, the amount of damages shall be fixed as the amount by which the price of the goods of the same nature and quality as those sold exceed the contract price at the date of delivery. If, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement, the price of the substitute goods shall be applied for the purpose of computing the amount.

26. If the time for delivery has expired and delivery has not been made and if he intends to affirm the contract, the buyer must inform the seller of his intention without undue delay on inquiry from the seller. If he fails to do so, the buyer will lose his right to require delivery. This shall also apply if the buyer has received no inquiry provided he does not inform the seller of his intention to affirm the contract within a reasonable time.

27. If delivery has been made after the expiration of the time for delivery, then, when the goods are received late or it appears from a notice from the seller that delivery was late, the buyer must, in a commercial sale immediately or otherwise without undue delay, inform the seller that he intends to rely on the delay. If he fails to do so, the buyer is prevented from relying on the delay at a later time. If he intends to exercise his right to declare the contract avoided, the buyer must inform the seller of his intention without undue delay or he will lose his right.

Late Performance by the Buyer

28.-(1) If the price is not paid on the agreed date or the buyer does not take the steps on which the payment of the price depends at the proper time, the seller may either affirm the contract or declare the contract avoided. However, the contract may not be declared avoided if the delay is immaterial. In a commercial sale any late performance is considered to be material. 
(2) If the goods have been handed over to the buyer, the seller may not declare the contract avoided unless he must be deemed to have reserved the right to avoid the contract or the buyer rejects the goods.

29. In the case of a contract where the seller has to deliver by instalments and payment shall be made separately for each instalment, then, if there is a delay that must be deemed material under section 28(1) of this Act with respect to the payment of an individual instalment, the seller may declare the contract avoided with respect to future instalments unless there are no grounds to expect repeated delays. This shall also apply if, under section 28(2) of this Act, the seller is prevented from declaring the contract avoided with respect to the instalment in respect of which the payment of the price has been delayed.

30.-(1) If the seller declares the contract avoided by virtue of sections 28 and 29 of this Act, the seller may claim damages as provided in section 24 of this Act. In the absence of evidence that other damage has been suffered, the amount of damages shall be fixed at the amount by which the contract price exceeds the price of goods of the same nature and quality as those sold at the date of delivery. 
(2) If the goods are sold in a reasonable manner and within a reasonable time after avoidance, the selling price shall be applied for the purpose of computing the amount.

31. If the price has not been paid when the period for payment has expired or if the buyer has failed to take the steps specified in section 28 of this Act, and if the goods have not been handed over to the buyer, the seller must, if he intends to affirm the contract, inform the buyer of his intention without undue delay on inquiry from the buyer. If he fails to do so, the seller will lose his right to affirm the contract. This shall also apply if the seller has received no inquiry provided he does not inform the buyer of his intention to affirm the contract within a reasonable time. 
32. In case of the late payment of the price or of delay by the buyer in taking the steps specified in section 28 of this Act, the seller must, if he intends to declare the contract avoided by reason of the delay, inform the buyer of his intention immediately in a commercial sale or otherwise without undue delay. If he fails to do so, the seller will lose his right to declare the contract avoided.

33. If the buyer fails to collect or take over the goods at the agreed time or if the goods have not been handed over to the buyer at the agreed time by reason of other circumstances attributable to the buyer, the seller must take steps to preserve the goods at the expense of the buyer until the delay ceases or the seller exercises his right to declare the contract avoided as provided in section 28 of this Act. If the goods have been dispatched and reached their destination, this provision shall only 
apply if a person authorised to take charge of the goods on the seller’s behalf is present at the destination and this can be done without unreasonable inconvenience or expense.

34. If the seller is unable to preserve the goods without unreasonable inconvenience or unreasonable expense or the buyer has not taken the goods into his possession within a reasonable time after having been requested to do so, the seller may sell the goods at the expense of the buyer. Prior to such sale, the seller must give the buyer reasonable notice as far as possible. If the goods are sold at a properly advertised and conducted auction or in any other proper manner, the buyer may not object to the price obtained. If no sale can be made or it is clear that the expense incidental to the sale cannot be reimbursed from the selling price, the seller may dispose of the goods.

35. If the goods are subject to rapid deterioration or their preservation would involve unreasonable expense, the seller shall sell the goods subject to the restriction contained in the last provision of section 34 of this Act. If a sale in a manner specified in section 34 of this Act cannot be awaited without a loss, the seller may sell the goods at the best price obtainable.

36. If the seller has incurred expenses with respect to the preservation of the goods or other additional expense by reason of the buyer’s delay, the seller may claim damages and retain the goods as security for the payment of damages.

37. If the risk of the goods is on the seller, but their late delivery is caused by circumstances attributable to the buyer, the risk shall pass to the buyer, however, in a sale of generic goods the risk does not pass to the buyer until particular goods have been identified to the contract.

38. Repealed.

The Inability of the Buyer to Pay

39.-(1) If, after the conclusion of the contract, the buyer becomes subject to bankruptcy or winding-up proceedings or if composition negotiations for him are commenced, the seller may, even if time for payment has been given, retain the goods or, if the goods have been dispatched from the place of delivery, prevent the goods from being handed over to the buyer’s estate until adequate security for the payment of the price at the agreed time has been provided. If the time of delivery has come and the estate has not provided such security at the seller’s request, the seller may declare the contract avoided. 
(2) These provisions shall also apply if, after the conclusion of the contract, the buyer has been fund in enforcement proceedings to have insufficient funds to pay his debts or if the buyer, if he is a merchant, has suspended payments or if the buyer’s financial circumstances are of such a nature that he must be deemed unable to pay the price when it falls due.

40. If the buyer’s estate has become subject to bankruptcy or winding-up proceedings, the seller may, even if the time of delivery has not come, require that the insolvency practitioner of the estate decides without undue delay whether the estate intends to become a party to the contract. If the estate does not become a party to the contract, the seller may declare the contract avoided.

41. If, after the commencement of bankruptcy or winding-up proceedings, the goods have been handed over to the estate and if the price has not been paid, the seller may recover the goods unless the estate declares that it intends to become a party to the contract and pays the price or, at the seller’s request, provides security for the payment of the price when it falls due. If the estate has sold the goods or otherwise disposed of them at its own expense so that the goods cannot be returned in a substantially unchanged condition, the seller may consider the estate a party to the contract.

Lack of Conformity of the Goods

42.-(1) If, in a sale of specific goods, the goods are not in conformity with the contract, the buyer may declare the contract avoided or claim a proportionate reduction of the price. If the lack of conformity must be deemed immaterial, the buyer may not, however, declare the contract avoided unless the seller has acted fraudulently. 
(2) If, at the time of the conclusion of the contract, the goods lacked qualities that must be regarded as warranted or the lack of conformity was caused by the seller’s neglect after the conclusion fo the contract or if the seller has acted fraudulently, the buyer may claim damages.

43.-(1) If, in a sale of generic goods, the goods delivered are not in conformity with the contract, the buyer may declare the contract avoided, or require delivery of substitute goods, or claim a proportionate reduction of the price. 
(2) If the lack of conformity must be deemed immaterial, the buyer may not, however, declare the contract avoided or require delivery of substitute goods unless the seller has acted fraudulently or was aware of the lack of conformity at a point in time when he could have supplied goods in conformity with the contract without unreasonable sacrifice. 
(3) Even if he is without fault, the seller shall pay damages always provided that the provisions of section 24 of this Act shall apply correspondingly.

44. In determining whether the goods lack conformity with the contract regard shall be had to the time when the risk passed to the buyer, provided that the lack of conformity is not attributable to the seller’s neglect.

45. The provisions of section 25 of this Act on the measure of damages shall also apply when the contract is avoided by reason of lack of conformity of the goods with the contract.

46. In the case of a contract where the seller is to deliver by instalments and the goods are not in conformity with the contract in respect of a particular instalment, the buyer may only declare the contract avoided in respect of that instalment as provided in sections 42 and 43 of this Act. However, the buyer may also declare the contract avoided with respect to future instalments if there are grounds to conclude that they will also be non-conforming instalments, or declare the contract avoided in its entirety by reason of the interdependence of the instalments.

47. If, prior to the conclusion of the contract, the buyer has examined the goods or the buyer has, without due cause, failed to examine the goods after a request to examine from the seller or if, prior to the conclusion of the contract, the buyer was given the opportunity to examine a sample of the goods, the buyer may not rely on any lack of conformity that he ought to have discovered by such an examination unless the seller has acted fraudulently.

48. In a sale by auction, the buyer may not rely on any lack of conformity unless the goods are not in conformity with the description under which they are sold or the seller has acted fraudulently. This provision shall not apply, however, when a merchant sells goods by auction sale.

49.-(1) If the seller offers to remedy the lack of conformity or deliver substitute goods, the buyer must accept this if it can be done before the expiry of the period within which the buyer must await delivery (see section 21 of this Act), unless it is clear that this cannot be done without causing the buyer inconvenience or expense. 
(2) The provision of subsection (1) above shall not affect the buyer’s right to claim damages.

50. The provisions of this Act concerning the lack of conformity of the goods with the contract shall apply correspondingly to the delivery of a quantity of goods smaller than that provided for in the contract if the buyer must assume that the goods delivered are meant to serve as complete performance of the contract. In such a case, the buyer may not require delivery of substitute goods under section 43 of this Act, but may require subsequent delivery of any deficiency whether this constitutes a large or small part of the goods to be delivered.

51. When, in a commercial sale, the goods have been delivered or the buyer has received a sample, the buyer must make such an examination as required by proper trade usage. If the contract involves carriage of the goods from one place to another, the buyer may defer examination of the goods until after they have been placed at his disposal at the destination in such a manner that the buyer shall take steps to preserve the goods as provided in section 56 of this Act.

52.-(1) If the goods sold are not in conformity with the contract, the buyer shall, if he intends to rely on the lack of conformity, give notice to the seller of his intention immediately in a commercial sale or otherwise without undue delay. If he fails to do so, notwithstanding that he has discovered or ought to have discovered the lack of conformity, the buyer may not rely on the lack of conformity at a later time. 
(2) If the buyer intends to declare the contract avoided or require delivery of substitute goods, the buyer must inform the seller of his intention without undue delay, and if he fails to do so, the buyer will lose his right to reject the goods or require subsequent delivery.

53. The provisions of section 52 of this Act concerning the buyer’s loss of the right to rely on lack of conformity shall not apply if the seller has acted fraudulently or has been grossly negligent and this causes the buyer significant damage.

54.-(1) In any event, the buyer will lose his right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were handed over to the buyer, unless the seller has provided a guarantee concerning the goods for a longer period or the seller has acted fraudulently. 
(2) The provisions of subsection (1) above shall not apply if a public authority has ordered the recall or destruction of the goods because they are dangerous. 
(3) The provisions of subsection (1) above shall not apply to a contract for the sale of building materials. 
(4) An agreement fixing a period for giving notice of the intention to rely on a lack of conformity that is shorter than that provided for in subsection (1) above or an agreement fixing a period for giving notice of the intention to rely on a lack of conformity in respect of a contract of sale governed by subsections (2) or (3) above may not be relied on against a subsequent assignee who is primarily acting for purposes that are not related to his trade, business or profession if the subsequent assignee is otherwise entitled to claim damages for lack of conformity.

Rejection of the Goods and Avoidance

55. If the buyer has taken possession of the goods and he intends to reject them, the buyer must take steps to preserve the goods and may claim damages from the seller for the related expenses incurred. The provisions of sections 34 and 35 of this Act shall apply correspondingly.

56.-(1) If, in a case where the goods are dispatched to the buyer, the buyer has been enabled to take possession of the goods at the destination and the buyer intends to reject them, the buyer shall take possession of the goods at the expense of the seller. 
(2) The provision in subsection (1) above does not apply, however, if the seller is present at the destination or if a holder of a bill of lading or another person authorised to take charge of the goods on the seller’s behalf is present at the destination, or if the buyer cannot take possession of the goods without paying the price or incurring other material inconvenience or expense. 
(3) When the buyer has taken possession of the goods, the provisions of section 55 of this Act shall apply.

57.-(1) If the contract is avoided, the seller is not entitled to recover the goods unless he returns what he has received by way of payment, and the buyer is not entitled to recover the price unless he returns the goods substantially in the same condition and quantity in which he received them. 
(2) When he declares the contract avoided or requires delivery of substitute goods, the buyer may retain the goods until the seller has paid the damages due or provided adequate security for payment of the damages.

58. Notwithstanding the provisions of section 57 of this Act, if the goods have been lost or changed, the buyer may declare the contract avoided provided the loss or change is due to an accidental event or the inherent nature of the goods or measures required to examine them or taken prior to the time when the lack of conformity giving rise to the avoidance was discovered or ought to have been discovered.

Defective Title

59. If it is disclosed that, at the time of the conclusion of the contract, the goods were the property of a person other than the seller, the buyer may claim damages from the seller even if the seller was innocently mistaken as to his title. This does not apply if, at the time of the conclusion of the contract, the buyer knew or could not have been unaware of the defective title.

Sale on Approval

60.-(1) If the goods are sold on approval and they have been delivered, the buyer will be bound by the sale if he does not inform the seller of his intention to return the goods within the agreed period or, if no period has been agreed, within a reasonable time. 
(2) As long as he has the goods on approval, the risk is on the buyer.

Notices under this Act

61.-(1) If a notice from the buyer, as specified in sections 6, 26, 27, 52 and 54 of this Act, has been handed in for communication by telegraph or post, or where another proper means of conveyance is used the notice has been submitted for such conveyance, any delay or non-communication of the notice shall be without prejudice to the sender. 
(2) This shall also apply to the notices from the seller, as specified in sections 31 and 32 of this Act.

Meaning of Certain Terms of Sale

62.-(1) If the goods are sold “free on board” (fob) at a specified place, the buyer shall charter a ship or book cargo space for transmission of the goods from that place. 
(2) The seller shall arrange and pay for transmission of the goods to the place of shipment and take such measures in respect of their loading as required by a shipper under the law or custom applicable there. 
(3) When the goods have crossed the ship’s rail, they shall no longer be at the seller’s risk. 
(4) Any determination of whether the goods lack conformity with the contract shall be based on the condition of the goods at the same time and regard shall be had to the quantity of the goods at that time if the price is to be calculated by measurement, weight or number. 
(5) The fact that the buyer has chartered a ship or booked cargo space does not impose a duty on the buyer to examine the goods before they reach the destination, nor does it preclude the seller from exercising the rights mentioned in sections 15, 28 and 39 of this Act. 
(6) In the absence of any special agreement thereon, the buyer shall pay against bill of lading as provided in section 71 of this Act.

63.-(1) If the goods are sold “cost and freight” (c & f, c f), the seller shall arrange and pay for the transmission of the goods to the destination. 
(2) The risk passes to the buyer when the goods are handed over to a carrier or have crossed the railing of a ship as provided in section 10 of this Act. 
(3) Any determination of whether the goods lack conformity with the contract shall be based on the condition of the goods at the time when the risk passes to the buyer and regard shall be had to the quantity of the goods at that time if the price is to be calculated by measurement, weight or number. 
(4) Even in the absence of any special agreement to that effect, the buyer shall pay against bill of lading or waybill as provided in section 71 of this Act. 
(5) Notwithstanding that the price has not fallen due on the arrival of the goods, the buyer shall pay any freight unpaid by the seller against reduction in the price but without compensation of interest.

64.-(1) If the goods are sold “cif” (cost, insurance, freight) or “caf” (coût, assurance, fret), the provisions of section 63 of this Act shall apply. 
(2) In respect of that part of the transmission for which he does not bear the risk, the seller shall arrange customary insurance for the buyer. If the seller fails to arrange such insurance without the contract being avoided for this reason, the buyer may claim damages for the damage resulting from the failure or arrange insurance himself and reduce the price by the amount of expense.

65.-(1) If the goods are sold “carriage paid” or “free delivered” at a specified place, delivery shall not be considered made until the goods have arrived at that place. The seller shall arrange and pay for the transmission of the goods to that place and shall bear the risk during transit. 
(2) Any determination of whether the goods lack conformity with the contract shall be based on their condition on arrival and regard shall be had to the quantity of the goods at that time if the price is to be calculated by measurement, weight or number. 
(3) In any context with “cost and freight”, “c & f”, “c f”, “cif” or “caf”, the use of the words “carriage paid” or “free delivered” shall not affect the interpretation of these terms.

66.-(1) If the goods are sold with such an indication in respect of quantity as to allow a certain margin, for instance “about”, “from…to” or similar indication, the seller shall make the choice unless circumstances indicate that the margin was allowed for the benefit of the buyer. 
(2) If the designation “about” has been used, the margin is plus or minus 10% for a cargo and plus or minus 5% in all other cases.

67. In a contract for the sale of a “cargo”, the seller may not transmit other goods by the same ship. If the seller does so and this may cause the buyer inconvenience, the buyer may declare the contract avoided. The buyer may claim damages whether or not the contract is avoided.

68.-(1) If it is agreed that the goods are to be delivered or taken over “at the beginning of”, “in the middle of” or “at the end of” a month, this shall be interpreted as meaning from the first to the tenth day, the eleventh to the twentieth day and the twenty-first to the last day of the month, respectively. 
(2) In a contract for the sale of securities, the designation “at the beginning of” means the first business day of the month that is not a Saturday, the designation “in the middle of” means the fifteenth day of a month or, if this is a non-business day or a Saturday, the business day first following, and the designation “at the end of” means the last business day of the month that is not a Saturday.

69.-(1) If the seller of goods has undertaken to make “shipment” within a certain time limit, shipment shall be considered to be completed within the agreed time if the goods have been loaded before the expiry of the time limit. 
(2) If a bill of lading has been drawn up and the bill does not show that loading has been made within the agreed time, the buyer may reject the goods.

70. If “cash payment” has been agreed, the buyer shall make payment in exchange of his taking possession of the goods (see sections 14 and 15 of this Act).

71.-(1) If the buyer has agreed to pay against bill of lading (“cash against bill of lading” or similar term) or to accept a bill of exchange against bill of lading, the buyer may not refuse to pay or accept because the goods sold have not yet reached the buyer or he has not had the opportunity to examine them. 
(2) If payment or acceptance against bill of lading is required, the invoice for the goods must have reached the buyer and, if the seller has undertaken to insure the goods, the bill of lading must be accompanied by the insurance policy. 
(3) The provisions of subsections (1) and (2) above shall apply correspondingly if the buyer has undertaken to pay against a waybill as provided in section 16 of this Act.

Consumer Sale

Price

72. If the contract does not fix the price and in the absence of any indication for determining the price, the buyer shall pay a price reflecting the price generally charged at the time of the conclusion of the contract having regard to the nature and condition of the goods as well as any indication of what is reasonable.

Place of Delivery

73. If the contract involves carriage by the seller, delivery shall be considered to have been made when the goods have come into the possession of the buyer.

Delay etc.

74.-(1) If the goods are not delivered at the agreed time and this is not the fault of the buyer or due to any event of which the buyer bears the risk, this constitutes a delay. 
(2) In case of delay, the buyer may declare the contract avoided if the delay is material to the buyer and the seller must have assumed this. This shall also apply if the seller does not, on demand, deliver the goods within a reasonable period of time fixed by the buyer or, if no such period has been fixed, within a reasonable time.

75. If, based on a provision the contract, the seller has postponed the time of delivery, the buyer may declare the contract avoided if the seller does not, on demand, deliver the goods within a reasonable period of time fixed by the buyer or, if no such period has been fixed, within a reasonable time.

Conformity of the Goods with the Contract

75A-(1) The nature, quantity, quality and other properties of the goods must conform with the contract and, in relation to the contract, the buyer must be given the information required for installing, using, keeping and maintaining the goods. 
(2) Except where the parties have agreed otherwise, the goods must 
(i) have the durability and other qualities and packaging as the buyer can reasonably expect by reason of the nature of the goods and other circumstances; (ii) be fit for the purposes for which goods of the same type are normally used; 
(iii) be fit for any particular purpose for which the buyer requires them if the seller has confirmed the buyer’s expectations in that respect; and 
(iv) possess the same qualities which the seller has held out to the buyer as a sample or model at the time of the conclusion of the contract.

76.-(1) The goods are not in conformity with the contract if 
(i) the goods do not comply with the description under which they are sold or, at the time of the conclusion of the contract, the seller made misrepresentations or misleading statements, unless these cannot be assumed to have influenced the buyer’s assessment of the goods; 
(ii) the seller or a prior actor in the chain of distribution has given information as provided in paragraph (i) above on the packaging of the goods, in advertisements or on other communications intended to be communicated to the general public or the buyer; 
(iii) the seller has failed to give the buyer notice of circumstances that influenced the buyer’s assessment of the goods and which were known or ought to have been known by the seller; 
(iv) the goods are of a different or inferior quality or usefulness than required by the contract and indicated by circumstances, including non-conformity with the requirements of section 75A of this Act. 
(2) The buyer may not rely on a misrepresentation or misleading statement that has been corrected on or before the time of the conclusion of the contract. 
(3) Factors relating to materials supplied by the buyer may not be relied on as a lack of conformity, unless the seller has failed to comply with his duty to give instructions.

77.-(1) Contractual terms providing that the buyer may not rely on a lack of conformity of the goods with the contract and other general provisos, for instance that the goods are sold “as found”, may not be relied on against the buyer. 
(2) In a sale of second-hand goods at a public auction where the buyer has the opportunity to be present, the buyer may only rely on the existence of a lack of conformity if it follows from section 76(1)(i)-(iii) of this Act, or if the goods are in a condition substantially worse than the buyer had reason to expect with reference to the circumstances.

77A-(1) Any determination of whether the goods lack conformity with the contract shall be based on the condition of the goods at the time when the risk passed to the buyer. If, at that time, the goods were not in conformity with the contract, the seller shall be liable for this even if the lack of conformity becomes apparent at a later time. 
(2) If the goods are not in conformity with the requirements of sections 75A-77 of this Act and this is due to the seller’s failure to perform his obligations under the contract, the goods shall always lack in conformity notwithstanding the provisions of subsection (1) above. 
(3) If, within a period of six months after delivery, it becomes apparent that the goods are not in conformity with the requirements of sections 75A-76 of this Act, the lack of conformity shall be presumed to have existed at the time specified in subsection (1) above unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

77B. The buyer may not rely on any lack of conformity that he knew or could not have been unaware of at the time of the conclusion of the contract unless supported by evidence in the contract or the seller acted contrary to the requirement of good faith.

Buyer’s Remedies for Lack of Conformity

78.-(1) If the goods are not in conformity with the contract, the buyer may 
(i) require remedy of the lack of conformity; 
(ii) require delivery of substitute goods that are in conformity with the contract; 
(iii) require an appropriate reduction of the price; or 
(iv) declare the contract avoided unless the lack of conformity is immaterial. 
(2) The buyer may not require remedy of the lack of conformity or delivery of substitute goods if the completion of the remedy is impossible or will cause the seller disproportionate expense. Regard shall be had to the value of conforming goods, the significance of the lack of conformity and whether an alternative remedy can be completed without significant inconvenience to the buyer. 
(3) If the seller offers to remedy the lack of conformity or to deliver substitute goods, the buyer may not require an appropriate reduction of the price or declare the contract avoided. 
(4) The seller shall comply with any requirement or offer to remedy the lack of conformity or deliver substitute goods within a reasonable time and without expense and significant inconvenience to the buyer, see section 79 of this Act. Failing this, the buyer may require an appropriate reduction of the price, declare the contract avoided, require delivery of substitute goods or, provided this can be done without disproportionate expense, cause the lack of conformity to be remedied at the expense of the seller.

79. –(1) In determining whether the remedy of the lack of conformity or delivery of substitute goods has been completed within a reasonable time, see section 78(4) of this Act, regard shall be had to the nature of the goods, the nature of the lack of conformity and the need of the buyer for the goods, including whether the seller has placed substitute goods at the buyer’s disposal at the seller’s expense. 
(2) The buyer may withhold the payment of the price until a request or an offer to remedy a lack of conformity or to deliver substitute goods has been complied with. If the lack of conformity must be deemed immaterial, the buyer may not withhold an amount that is clearly in excess of the cost of remedying the lack of conformity.

Damages for Lack of Conformity

80.-(1) If he suffers loss by reason of any lack of conformity, the buyer may claim damages if 
(i) the seller has acted contrary to the requirement of good faith; 
(ii) the seller has given the buyer misleading information, which the seller had no reason to believe was correct; 
(iii) the seller has failed to inform the buyer of any lack of conformity that he knew or ought to have known; 
(iv) the goods lack properties that must be deemed warranted; or 
(v) after the time of the conclusion of the contract, the lack of conformity was caused by the seller’s neglect. 
(2) In a contract for the sale of generic goods, the buyer may also claim damages under section 43(3) of this Act.

Notice of Lack of Conformity

81. If he intends to rely on a lack of conformity, the buyer shall give the seller notice thereof within a reasonable time after he has discovered the lack of conformity. If he fails to do so, the buyer will lose the right to rely on the lack of conformity. Any notice given within a period of two months after the buyer discovered the lack of conformity shall be a timely notice.

82. The provisions of section 81 of this Act do not apply if the seller has acted contrary to the requirement of good faith or has been grossly negligent.

83.-(1) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof within a period of two years from the date on which the goods were handed over to the buyer, unless the seller has guaranteed for the goods for a longer period or has acted contrary to the requirement of good faith. 
(2) The provisions of subsection (1) above shall not apply if a public authority has ordered the recall or destruction of the goods because they are dangerous. Subsection (1) shall not apply to a contract for the sale of building materials.

84. Notices under sections 81 and 83 of this Act may also be given to a manufacturer or another merchant who, in connection with the contract, has agreed to remedy any lack of conformity of the goods. In case of the contracts specified in section 4A(2) of this Act, notices may also be given to a merchant who has concluded or brought about the contract on behalf of the seller.

85. If the buyer intends to rely on a lack of conformity as against a manufacturer or another merchant who, in connection with the contract, has agreed to remedy any lack of conformity, the buyer shall give the seller or the other merchant notice thereof within a reasonable time after the buyer discovered the lack of conformity. If he fails to do so, the buyer will lose the right to rely on the lack of conformity. Any notice given within a period of two months after the buyer discovered the lack of conformity shall be a timely notice.

86. Section 61(1) of this Act shall also apply to the notices mentioned in sections 81 and 83-85 of this Act.

Certain Choice of Law Agreements

87. If a contract provides that the law of a state outside the European Economic Area shall apply to the contract, the consumer may rely on mandatory provisions of the law regulating lack of conformity in a state within the European Economic Area if, without the choice of law agreement, the contract would have been governed by the law of that state.

© 2008 Sandro Nielsen

In force and effect. Publication date: 18 December 2013

The Danish Ministry of Justice

ACT No. 1457 of 17 December 2013

Amending/repealing

  • Act No. 451 of 09 June 2004

Overview (table of contents)

Part 1
Scope and definitions of this Act

Part 2
Prohibition on unsolicited communications etc.

Part 3
Information requirements

Part 4
Right to cancel

Part 5
Ancillary contracts

Part 6
The trader's performance of distance contracts for non-financial services

Part 7
Right to terminate contracts for regular services etc.

Part 8
Telephone communications

Part 9
Additional payments

Part 10
Certain choice of law agreements

Part 11
Provisions on the mandatory nature of this Act and sanctions

Part 12
Commencement etc.

Schedule 1
Model instructions on the right to cancel off-premises contracts and distance contracts for goods and non-financial services

Schedule 2
Model instructions on the right to cancel contracts

Schedule 3
Model cancellation form

Full text of this Act

The Danish Consumer Contracts Act (Lov om forbrugeraftaler)1)

BE IT KNOWN that the Folketing has enacted and We Margrethe the Second, by the Grace of God, Queen of Denmark, have given Our Royal Assent to the following Act:

Part 1

Scope and definitions of this Act

1.-(1) This Act applies to consumer contracts, see section 2, and to traders' communications relating to the conclusion of such contracts.

(2) Part 4 of this Act relating to the right to cancel applies only to

(i) distance contracts, see section 3(i) and

(ii) off-premises contracts, see section 3(ii).

(3) Part 10 of this Act relating to certain choice of law agreements applies only to distance contracts, see section 3(i).

4) This Act does not apply to

(i) insurance contracts subject to the Danish Insurance Contracts Act (Lov om forsikringsaftaler) and communications relating to the conclusion of such contracts, but see section 4(2)(iii);

(ii) contracts concluded by means of vending machines or similar machines;

(iii) contracts for the use of public telephones or other means of communication when the contract with the telecommunications operator is concluded through the means of communication; and

(iv) contracts for passenger transport services, except for sections 12 and 31.

2.-(1) In this Act, a consumer contract means a contract entered into by a trader acting for purposes relating to that person's trade, business, craft or profession, while the other party (the consumer) acts for purposes which are mainly outside that individual's trade, business, craft or profession.

(2) It is for the trader to prove that a contract entered into by that person is not a consumer contract.

(3) Otherwise subject to same provisions as stated in subsection (1), this Act also applies to goods and services supplied by non-traders if the contract is entered into or arranged on behalf of the seller or the supplier by a trader, and to traders' communications with the aim of concluding such contracts.

3.-(1) In this Act –

(i) "Distance contract" means: any contract for goods or services or regular supply of goods or services when the contract

(a) is concluded by means of communication between a consumer and a trader without their simultaneous physical presence (distance communication); and

(b) is concluded as part of a distance sales system run by the trader.

(ii) "Off-premises contract" means: any contract between a trader and a consumer

(a) concluded in the simultaneous presence of the trader and the consumer, in a place which is not the business premises of the trader;

(b) for which an offer was made by the consumer under the same circumstances as specified under paragraph a;

(c) concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; or

(d) concluded during an excursion organised by the trader with the aim of promoting or selling goods or services to the consumer.

(iii) "The business premises of the trader" means:

(a) any immovable retail premises where the activity of the trader is carried out on a permanent basis; or

(b) any movable retail premises where the activity of the trader is carried out on a usual basis.

(iv) "Financial service" means: any service of a banking, credit, insurance, personal pension, investment or payment nature.

(v) "Durable medium" means: any medium which enables the consumer or the trader to store the information addressed personally to the consumer or trader in a way accessible for future reference for a period that is appropriate for the purposes of the information, and which allows the unchanged reproduction of the information stored.

(vi) "Public auction" means: a method of sale whereby goods or services are offered by the trader to consumers who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer, and where the successful bidder is bound to purchase the goods or services.

Part 2

Prohibition on unsolicited communications etc.

4.-(1) Unless a consumer has made a prior request, traders must not telephone the consumer or call on the consumer in person at his home address, place of work or another place not accessible to the general public with a view to obtaining, immediately or subsequently, an offer or acceptance of an offer to conclude a contract.

(2) Subsection (1) does not apply to telephone calls regarding

(i) ordering of books;

(ii) subscriptions for newspapers, magazines and periodicals;

(iii) brokering of insurance contracts etc.; and

(iv) subscriptions for rescue services or medical transport.

5. An undertaking given by the consumer following communication by a trader in contravention of section 4 is not binding.

6. If a trader sends or delivers goods to a consumer without the consumer's prior request, and this is not due to an error, the consumer may keep the goods free of charge. If a trader performs a service for a consumer without the consumer's prior request, the consumer is not liable to pay for the unsolicited service.

Part 3

Information requirements

Scope of information requirements

7.-(1) The trader must provide information to the consumer under the provisions of this Part. It is for the trader to prove that the information requirements provided in this Part were complied with.

(2) The provisions of this Part do not apply to contracts

(i) for the supply of foodstuffs, beverages or other goods intended for current consumption in the household which are supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace;

(ii) for the creation or transfer of rights in immovable property with the exception of distance contracts for financial services or distance contracts for rental of immovable property;

(iii) for the construction of buildings;

(iv) which are subject to section 1(1) of the Danish Consumer Contracts Act on utilisation of residential property on a timeshare basis, long-term holiday products etc.;

(v) which are subject to section 1(1) of the Danish Package Tours Act (Lov om pakkerejser);

(vi) for gambling for which money is paid to participate; or

(vii) where the goods and the purchase price are exchanged simultaneously with the conclusion of an off-premises contract if the purchase price does not exceed DKK 350.

Information requirements for off-premises contracts or distance contracts for goods and non-financial services

8.-(1) Prior to the conclusion of an off-premises contract or a distance contract for goods or non-financial services, the trader must provide the consumer with the following information in a clear and comprehensible manner

(i) the main characteristics of the goods or services, to an extent appropriate to the means of communication and to the goods or services;

(ii) the identity of the trader and the geographical address at which the trader is established and, where available, the trader's telephone number, fax number and email address;

(iii) where the trader is acting on behalf of another trader, the identity and geographical address of that other trader;

(iv) if different from the address provided in accordance with paragraph 3, the geographical address of the place of business of the trader, and, where the trader acts on behalf of another trader, the geographical address of the place of business of that other trader, to which the consumer can address any complaints;

(v) the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and, where applicable, all additional freight, delivery or postage charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(vi) in the case of contracts of indeterminate duration or contracts containing a subscription, the total costs per billing period, including, where such contracts are charged at a fixed rate, the total monthly costs, or, where the total costs cannot be calculated in advance, information on the manner in which the price is to be calculated;

(vii) any costs to the consumer of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;

(viii) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader's complaint handling policy;

(ix) information on whether a right to cancel exists and, where applicable, the conditions, deadline and procedures for exercising that right, see section 20, and the model cancellation form set out in Schedule 3 of this Act;

(x) where there is no right to cancel, see section 18(2) and (3), the information that the consumer will not benefit from a right to cancel;

(xi) where applicable, information on the circumstances under which the consumer loses the right to cancel;

(xii) where applicable, information that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(xiii) that, if the consumer exercises the right to withdraw from a service contract after having expressly requested performance of the contract to begin before the end of the cancellation period, the consumer is liable to pay the trader reasonable costs in accordance with section 25(1) and (2);

(xiv) that the remedies for defective performance contained in the Danish Sale of Goods Act (Købeloven) may apply;

(xv) where applicable, the existence and the conditions of after-sales customer assistance, after-sales services and commercial guarantees;

(xvi) the existence of relevant codes of conduct and, where applicable, how copies of them can be obtained;

(xvii) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(xviii) where applicable, the minimum duration of the consumer's obligations under the contract;

(xix) where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

(xx) where applicable, the functionality, including applicable technical protection measures, of digital content;

(xxi) where applicable, the compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of; and

(xxii) where applicable, the possibility of having recourse to a complaint and redress mechanism and the methods for having access to it.

(2) In the case of public auctions, the information specified in subsection (1)(ii)-(iv) may be replaced with the equivalent details for the auctioneer.

(3) Where the trader has marketed goods or services in Danish, information which the trader is required to provide to the consumer must be given in Danish unless the consumer gives his express consent to receiving information in a language other than Danish.

9.-(1) The information specified in section 8(1)(ix), (xii) and (xiii) may be provided by means of the model instructions on cancellation set out in Schedule 1 of this Act. The trader is considered to have complied with the information requirements set out in the first sentence if the instructions are used and completed correctly.

(2) The information covered by section 8(1) is an integral part of the contract and may be changed only by express agreement between the parties.

(3) If the trader has failed to inform the consumer of any additional charges or other costs, see section 8(1)(v) and (vi), or costs of returning the goods, see section 8(1)(xii), the consumer is not liable to pay such charges or costs.

10.-(1) In the case of off-premises contracts, the information specified in section 8(1) must be given on paper or, if the consumer agrees, on another durable medium. The information must be legible and given in a clear and comprehensible language.

(2) The trader must provide the consumer with a copy of the signed contract or confirmation of the contract on paper or, if the consumer agrees, on another durable medium. In the case of contracts for the supply of digital content which is not supplied on a tangible medium where the consumer has given his express consent and acknowledgement that he will lose his right to cancel when performance of the contract begins before the end of the cancellation period, see section 18(2)(xiii), the trader must also provide a copy of the consumer's express consent and acknowledgement.

11.-(1) In the case of distance contracts, the information specified in section 8(1) must be given or made available to the consumer using means appropriate to the distance communication used. If the information is provided on a durable medium, it must be legible.

(2) If a contract is concluded through a means of distance communication which allows only limited space or time to display the information, the trader must at least provide information on the trader's identity and the information specified in section 8(1)(i),(v), (vi), (ix) and (xvii) prior to the conclusion of the contract. The other information specified in section 8(1) must be provided to the consumer in an appropriate manner in accordance with subsection (1).

(3) If the trader makes a telephone call to the consumer with a view to concluding a distance contract for goods or non-financial services, in addition to the information provided in subsection (2), the trader must, at the beginning of the conversation, disclose his identity and, where applicable, the identity of the person on whose behalf he makes the call, and the commercial purpose of the call.

(4) Trading websites must indicate clearly and legibly, at the latest at the beginning of the ordering process, whether any delivery restrictions apply and which means of payment are accepted.

12.-(1) If a distance contract is concluded by electronic means and the contract places the consumer under an obligation to pay, this must be indicated in a clear and precise manner at the point where the order is placed. Moreover, the trader must make the consumer aware in a clear and prominent manner, and directly before the consumer places the order, of the information provided in section 8(1)(i), (v), (vi), (xvii) and (xviii).

(2) The consumer is bound by the contract or order only if the trader has complied with subsection (1).

13.-(1) In the case of distance contracts, the trader must give the consumer confirmation of the contract on a durable medium; this confirmation must be provided within a reasonable time after the conclusion of the contract and at the latest at the time of delivery of the goods or before performance of the service begins.

(2) Unless the trader has already provided the information on a durable medium, the confirmation of the contract as specified in subsection (1) must contain the information provided in section 8(1). In the case of contracts for the supply of digital content which is not supplied on a tangible medium where the consumer has given his express consent and acknowledgement that he will lose his right to cancel when performance of the contract begins before the end of the cancellation period, see section 18(2)(xiii), the trader must also provide a copy of the consumer's express consent and acknowledgement.

Information requirements for distance contracts for financial services

14.-(1) Prior to the conclusion of a distance contract for financial services, the trader must provide the consumer with information on

(i) the main characteristics of the service, to an extent appropriate to the means of communication and to the service;

(ii) the total price of the service inclusive of taxes, or where the nature of the service is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and, where applicable, all additional freight, delivery or postage charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(iii) any costs to the consumer of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;

(iv) the arrangements for payment, delivery, performance, the time by which the trader undertakes to perform the service and, where applicable, the trader's complaint handling policy;

(v) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(vi) where applicable, the minimum duration of the consumer's obligations under the contract;

(vii) the trader's identity, main business, geographical address and, in the case of a foreign trader with a representative in Denmark or if the supplier is otherwise represented by another trader, relevant information on this representative, including the representative's geographical address;

(viii) the CVR number (business registration number) if the trader is registered in the Danish Central Business Register, or the relevant identification number in a trade register or similar public register in which the trader may be registered, and, in case of membership of authorisation schemes, information on the relevant supervisory authority;

(ix) information on whether the possibility of recourse to a complaint and redress mechanism exists and, where applicable, the methods for having access to it, including information on the geographical address to which the consumer can address any complaints;

(x) information on whether a right to cancel exists and, where applicable, the start date and duration of the cancellation period and the conditions and procedures for exercising that right, including information on the address to which notice of cancellation is to be sent;

(xi) any special risks associated with the service due to its special features or the operations to be executed; information is also to be provided if the price of the service depends on fluctuations in the financial markets, and if historical performance is no indicator of future performance;

(xii) the amount the consumer may be charged under section 25(1);

(xiii) any choice of law and arbitration clauses in the contract;

(xiv) the language in which the contractual terms and prior information are to be made available, and the language in which the supplier undertakes to communicate for the duration of the contract;

(xv) information on whether a guarantee fund or other compensation arrangement exists; and

(xvi) the duration of the information, including the period for which the service will be provided at the price stated.

(2) When concluding a consumer distance contract for financial services subject to the Danish Payment Services and Electronic Money Act (Lov om betalingstjenester og elektroniske penge), the consumer must be provided with the information set out in subsection (1)(ii)-(iv), (x)-(xii), (xv) and (xvi). As far as the information requirement specified in subsection (1)(ii) is concerned, the only information to be provided is that other taxes or costs may apply that are not paid by or imposed by the trader. In addition, sections 43, 44, 47 and 48 of the Danish Payment Services and Electronic Money Act apply.

(3) If the trader makes a telephone call to the consumer with a view to concluding a distance contract for a financial service, the trader must, at the beginning of the conversation, disclose the trader's identity and the identity of the person in contact with the consumer and that person's link with the trader, and the commercial purpose of the call. Beyond that, with the consumer's consent, the trader may choose to give the consumer only the information specified in subsection (1)(i), (ii) and (x)-(xii). The trader must inform the consumer that more information is available and disclose the nature of this information. The full information requirements under subsection (1) must be complied with in connection with communication on a durable medium in accordance with section 15.

(4) The information specified in subsection (1) must be provided within a reasonable time before the conclusion of a contract, and the information must be clear, legible and comprehensible. It must be clearly stated that the information is provided with a view to concluding a contract, and the information must be given in a manner appropriate to the means of communication used and with special consideration for minors and persons under legal incapacity.

(5) If the trader has concluded one or more contracts of the same nature with the same consumer within the last year, subsections (1), (3) and (4) apply only in relation to the first contract, but see section 15(4).

15.-(1) Prior to the conclusion of a distance contract for a financial service, the information specified in section 14(1) must be provided to the consumer on paper or another durable medium accessible to the consumer. At the same time, the consumer must be informed of the contractual terms in the manner specified.

(2) Information on the right to cancel, see section 14(1)(x), must be provided by means of the model instructions on cancellation set out in Schedule 2 of this Act. However, the trader may use other text than the text provided in the Schedule if the consumer is given similar information as under the Schedule, and the information is not provided in a less clear and comprehensible manner.

(3) If, at the consumer's request, the contract is concluded by means of distance communication which does not enable provision of the information in the manner specified in subsection (1) before the conclusion of the contract, this obligation must be complied with immediately after the conclusion of the contract.

(4) If the information specified in section 14(1) has been provided to the consumer in connection with a previous contract of the same nature, see section 14(5), the trader has complied with the information requirements under subsections (1)-(3) if the trader has ensured that the consumer still has access to the information and the contractual terms on paper or another durable medium.

16.-(1) In the case of distance contracts for financial services, the consumer is entitled, at request, to receive the contractual terms on paper at any time during the contractual relationship. In addition, the consumer is entitled to change the means of distance communication used unless this is incompatible with the contract concluded or the nature of the service supplied.

Information requirements for contracts other than distance contracts or off-premises contracts

17.-(1) Prior to the conclusion of a contract other than an off-premises contract or a distance contract, the trader must provide the consumer with the following information in a clear and comprehensible manner unless that information is already apparent from the context

(i) the main characteristics of the goods or services, to an extent appropriate to the means of communication and to the goods or services;

(ii) the identity of the trader and the geographical address at which the trader is established and, where available, the trader's telephone number, fax number and email address;

(iii) the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and, where applicable, all additional freight, delivery or postage charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(iv) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader's complaint handling policy;

(v) that the remedies for defective performance contained in the Danish Sale of Goods Act apply;

(vi) where applicable, the existence and the conditions of after-sales customer assistance, after-sales services and commercial guarantees;

(vii) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(viii) where applicable, the functionality, including applicable technical protection measures, of digital content; and

(ix) where applicable, the compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.

(2) Subsection (1) does not apply to contracts which involve day-to-day transactions and are performed immediately at the time of their conclusion.

Part 4

Right to cancel

Scope of the right to cancel

18.-(1) In the case of distance contracts and off-premises contracts, the consumer may withdraw from the contract (right to cancel) in accordance with the provisions of this Part.

(2) The provisions of this Part do not apply to

(i) contracts under section 7(2);

(ii) non-financial services performed if performance of the service has begun with the consumer's prior express consent and acknowledgement that he will lose the right to cancel once the service has been fully performed;

(iii) the supply of goods that are made to the consumer's specifications or are clearly personalised;

(iv) the supply of goods which are liable to deteriorate or expire rapidly;

(v) the supply of sealed goods which are not suitable for return for health protection or hygiene reasons and which were unsealed after delivery;

(vi) the supply of goods which, according to their nature, are inseparably mixed with other items after delivery;

(vii) the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract and the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

(viii) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out specific urgent repairs or maintenance;

(ix) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer after delivery;

(x) the supply of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;

(xi) contracts concluded at a public auction;

(xii) the supply of services in the form of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance of the service;

(xiii) the supply of digital content which is not supplied on a tangible medium if performance of the service has begun with the consumer's prior express prior consent and acknowledgement that the right to cancel will be lost;

(xiv) financial services subject to the Danish Mortgage-Credit Loans and Mortgage-Credit Bonds etc. Act (Lov om realkreditlån og realkreditobligationer m.v.); and

(xv) contracts for goods, securities or services where the price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the cancellation period.

(3) However, this Part applies to the contracts specified in subsection (2)(xv) if the contract involves financial services and is an off-premises contract.

Cancellation period and its calculation etc.

19.-(1) To exercise the right to cancel, the consumer must follow the procedure provided in section 20 within 14 days; however, in the case of personal pension contracts, within a period of 30 days. The consumer may cancel a contract without giving any reason. In the case of contracts for goods or non-financial services, the consumer cannot incur any costs other than those specified in section 22(3), section 24 and section 25.

(2) The cancellation period under subsection (1) begins

(i) the day on which the contract is entered into if the contract is a service contract;

(ii) if the contract is a sales contract, the day on which the goods come into the physical possession of the consumer or a third party, other than the carrier, identified by the consumer to take possession of the goods;

(a) in the case of multiple goods ordered by the consumer in one order but delivered separately, the day on which the last of the goods come into the physical possession of the consumer or a third party, other than the carrier, identified by the consumer to take possession of the goods;

(b) in the case of goods consisting of multiple lots or pieces, the day on which the last of the lots or pieces come into the physical possession of the consumer or a third party, other than the carrier, identified by the consumer to take possession of the goods; and

(c) in the case of contracts for regular delivery of goods during a defined period of time, the day on which the first of the goods come into the physical possession of the consumer or a third party, other than the carrier, identified by the consumer to take possession of the goods; or

(iii) in the case of contracts for the supply or water, gas or electricity where these goods are not put up for sale in a limited volume or a set quantity, or for the supply of district heating or digital content which is not supplied on a tangible medium, the day on which the contract is entered into.

(3) Regardless of the provisions of subsection (2), in the case of contracts for goods or non-financial services, the cancellation period under subsection (1) does not begin until the day on which the consumer receives the information specified in section 8(1)(ix) on a durable medium, but see subsection (4). In the case of distance contracts for financial services, the cancellation period does not begin until the day on which the consumer receives the information in accordance with section 15, but see subsection (5).

(4) Where the information specified in section 8(1)(ix) has not been provided to the consumer on a durable medium, in the case of contracts for goods or non-financial services, the cancellation period under subsection (1) ends not later than 12 months after the 14-day period specified in subsection (2), but, in any event, not later than 14 days after the day on which the consumer receives the information.

(5) In the case of distance contracts for financial services, the cancellation right applies only until, with the consumer's express consent, the contract has been fully performed by both parties.

(6) If the last day of the cancellation period is a Danish national holiday, Saturday, Constitution Day (5 June), 24 December or 31 December, the period ends on the following business day. The first sentence applies similarly to the cancellation periods specified in section 22(1), section 23, section 24(1) and (4), section 25(4) and section 28(1) and (4).

Exercise of the right to cancel

20.-(1) To exercise the right to cancel, before the end of the cancellation period provided in section 19, the consumer must make a clear statement to the trader that he wishes to cancel the contract. The consumer may choose to use the model cancellation form set out in Schedule 3 of this Act.

(2) The trader may also give the consumer the option of filling in and submitting either the model cancellation form set out in Schedule 3 of this Act or another clear statement via the trader's website. If the consumer uses the procedure specified in the first sentence, the trader must acknowledge receipt of the cancellation on a durable medium without delay.

(3) If the communication has been sent before the end of the cancellation period, the deadline for cancellation is considered to have been met.

(4) It is for the consumer to prove that he has exercised the right to cancel in accordance with subsections (1)-(3).

Legal effects of exercising the right to cancel

21. When the right to cancel is exercised, the obligations of the parties to perform the contract entered into are terminated. Neither is the consumer bound by an offer made.

The trader's obligations if the right to cancel is exercised

22.-(1) In the case of withdrawal from a contract for goods or non-financial services, the trader must reimburse all payments received from the consumer, including any delivery costs, without undue delay and not later than 14 days from the date on which the trader was informed of the consumer's decision to withdraw from the contract in accordance with section 20.

(2) The trader must make the reimbursement specified in subsection (1) using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise, and if so, the trader must not impose any fees in respect of the reimbursement on the consumer.

(3) Regardless of the provisions of subsection (1), the trader is not required to reimburse additional costs of delivery if the consumer has expressly chosen a type of delivery other than the least expensive standard delivery offered by the trader.

(4) Unless the trader has offered to collect the goods himself, the trader may withhold the reimbursement specified in subsection (1) until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is earlier.

23. In the case of withdrawal from a distance contract for financial services where the consumer has paid for the service, in full or in part, the trader must reimburse the payment received, less any payment under section 25(1) and (2), when the consumer withdraws from the contract. Reimbursement must be without delay and not later than 30 days after the trader receives the consumer's communication of the withdrawal.

The consumer's obligations if the right to cancel is exercised

24.-(1) In the case of withdrawal from a contract for goods, unless the trader has offered to collect the goods, the consumer must send the goods back or hand them over to the trader or a person authorised by the trader to receive them, without undue delay and not later than 14 days from the date on which the consumer communicated his decision to exercise the right to cancel to the trader in accordance with section 20.

(2) The consumer must bear the direct cost of returning the goods unless the trader has either agreed to bear them or has failed to inform the consumer that the consumer must bear them, see section 8(1)(xii).

(3) In the case of off-premises contracts where the goods were delivered to the consumer's home at the time of the conclusion of the contract, the trader must, at his own expense, collect the goods if, by their nature, the goods cannot not normally be returned by post.

(4) In the case of withdrawal from an off-premises contract or a distance contract where the trader has offered to collect the goods, and in cases subject to subsection (3), the consumer may keep the goods free of charge if the trader fails to collect the goods within three months after the date on which the trader received communication of the consumer's decision to withdraw from the contract in accordance with section 20. The consumer may withhold the goods received until the payment or partial payment made is reimbursed.

(5) The consumer is liable only for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. However, the consumer is not liable for any diminished value of the goods where the trader has failed to provide notice of the right to cancel, see section 8(1)(ix).

25.-(1) In the case of withdrawal from a service contract, the consumer may be required to pay for the part of the service already performed if

(i) at the consumer's express request, performance of the contract began before the end of the cancellation period; and

(ii) the trader proves that the consumer was informed of the right to cancel and the amount payable, see section 8(1)(ix) and (xiii) and section 14(1)(x) and (xii).

(2) The amount that may be imposed on the consumer under subsection (1) must be in proportion to what has been already been supplied, in comparison with the full coverage of the contract.

(3) In the case of withdrawal from a contract for the supply of digital content which is not supplied on a tangible medium, the consumer bears no cost for the supply of the service, in full or in part, if

(i) the consumer has not given his prior express consent for the performance of the service to begin before the end of the cancellation period;

(ii) the consumer has not acknowledged that he loses the right to cancel when giving his consent; or

(iii) the trader has failed to provide the consumer with confirmation of the consumer's prior express consent and acknowledgement, see section 10(2), second sentence, and section 13(2), second sentence.

(4) In the case of withdrawal from a distance contract for financial services, the consumer must, without delay and not later than 30 days after sending notification of withdrawal to the trader, return any sums or property which the consumer may have received from the trader.

Part 5

Ancillary contracts

26.-(1) If the consumer withdraws from a contract under the provisions of this Act, any ancillary contracts entered into between the consumer and the trader or a third party on the basis of an agreement between the trader and the third party are terminated.

(2) If an ancillary contract is terminated under subsection (1), the consumer cannot incur any fees or compensation to the contracting party for this reason.

Part 6

The trader's performance of distance contracts for non-financial services

27.-(1) Unless the parties have agreed otherwise on the time of delivery, in the case of distance contracts for non-financial services, the trader must supply the service without undue delay and, in any event, not later than 30 days from the conclusion of the contract. If the service is not supplied in due time, see the first sentence, and this is not due to the consumer or circumstances for which the consumer is responsible, this constitutes a delay.

(2) In the case of delay, the consumer may terminate the purchase order if the delay is material to the consumer and the trader should assume that that is the case, or if the trader has refused to supply the service. The same applies if, after notice of delay has been served, the trader fails to supply the service within a reasonable period specified by the consumer.

(3) In the case of termination of the contract, the trader must, without undue delay, reimburse all payments made under the contract.

Part 7

Right to terminate contracts for regular services etc.

28.-(1) The consumer may terminate a contract for regular supply of goods or services, giving one month's notice to expire at the end of a month, when five months have passed since the conclusion of the contract, but see subsections (2) and (4).

(2) Subsections (1) and (4) do not apply where the period of notice or maximum commitment period is governed by or under other legislation. Moreover, subsection (1) does not apply to contracts which relate only to goods or services to be supplied within one year after the conclusion of the contract if the total price of the goods or services covered by the contract does not exceed DKK 2,000 and if full payment must be made within 14 days after the conclusion of the contract.

(3) A contract subject to subsection (1) or (4) which is concluded based on a model form must include a provision that clearly states the period of notice and, where applicable, the date from which the contract may be terminated by the consumer. This provision must not prejudice the consumer's right to terminate the contract under subsections (1) and (4).

(4) If the total price to be paid under a contract for regular supply of goods or services exceeds DKK 20,000 per year and the commencement of supply either requires the trader to pay one-off costs in excess of the average price under the contract for six months of regular supply, or results in diminished value of comparable size to the trader, the consumer may terminate the contract, giving one month's notice to expire at the end of a month, when 11 months have passed since the conclusion of the contract.

(5) A notice longer than the period specified in subsection (1) cannot be agreed.

29.-(1) If, at the time of termination of the contract, the consumer has paid for a period after the date of termination under the notice, the trader must, without delay, reimburse the payment for this period.

(2) When calculating the amount to be reimbursed to the consumer under subsection (1), seasonal variations in the value of the regular service may be taken into account.

Part 8

Telephone communications

30. Where the trader operates a telephone line for the purpose of consumers contacting him by telephone in relation to contracts concluded, the consumer, when contacting the trader, is not bound to pay more than the basic rate.

Part 9

Additional payments

31.-(1) The trader can demand payment for services in addition to the main service only if, before the consumer became bound by the contract, the consumer gave his express consent to such additional services.

(2) The consumer may demand reimbursement of payments made in contravention of subsection (1).

(3) Where a trader receives a cash payment in foreign currency and the trader imposes a fee on the consumer in this respect, this fee must not exceed the costs borne by the trader for accepting foreign currency.

Part 10

Certain choice of law agreements

32. If a distance contract provides for the law of a country outside the European Economic Area (EEA) to apply to the contract, the consumer may also rely on mandatory provisions of law of a country in the European Economic Area, if, save for the choice of law agreement, this country's law would apply to the contract.

Part 11

Provisions on the mandatory nature of this Act and sanctions

33. The provisions of this Act may not be derogated from to the detriment of the consumer.

34.-(1) Trader non-compliance with section 4(1), section 8(1)(ix), section 14(1)(x) and section 28(3) is punishable by fine.

(2) Gross or frequently repeated instances of trader non-compliance with section 14(1)(xi), section 14(2), see section 14(1)(xi), and section 15(1), see section 14(1)(xi), are also punishable by fine.

(3) Companies etc. (legal persons) may be subject to criminal liability under the provisions of Part 5 of the Danish Criminal Code (Straffeloven).

Part 12

Commencement etc.

35.-(1) This Act will come into force on 13 June 2014.

(2) This Act will not apply to consumer contracts concluded before the commencement of the Act. The former provisions continue to apply to such contracts.

(3) Act no. 451 of 9 June 2004 on Certain Consumer Contracts (Lov om visse forbrugeraftaler) is repealed.

36.-(1) This Act does not apply to the Faroe Islands and Greenland.

(2) By royal decree, the Act or some of its provisions may enter into force in Greenland with the derogations warranted by conditions in Greenland.

Issued at Christiansborg Palace, 17 December 2013

Under Our Royal Hand and Seal

MARGRETHE R.
/ Karen Hækkerup
________________________________________

Schedule 1

Model instructions on the right to cancel off-premises contracts and distance contracts for goods and non-financial services

Right to cancel

You have the right to withdraw from this contract within 14 days without giving any reason.

The cancellation period will expire 14 days from the day [1]

To exercise the right to cancel, you must inform us [2] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory. [3]

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us); we will make the reimbursement without undue delay and, in any event, not later than 14 days after the day on which we receive notification of your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

[4]

[5]

[6]

Instructions for completion:

[1. ] Insert one of the following texts in quotation marks:

a) in the case of a contract for the supply of water, gas or electricity where these goods are not put up for sale in a limited volume or a set quantity, or for the supply of district heating or digital content which is not supplied on a tangible medium: "of the conclusion of the contract";

b) in the case of a sales contract: "on which you acquire, or a third party, other than the carrier, identified by you acquires, physical possession of the goods;

c) in the case of a contract relating to multiple goods ordered in one order and delivered separately: "on which you acquire, or a third party, other than the carrier, identified by you acquires, physical possession of the last of the goods";

d) in the case of a contract relating to delivery of goods consisting of multiple lots or pieces: "on which you acquire, or a third party, other than the carrier, identified by you acquires, physical possession of the last lot or piece";

e) in the case of a contract for regular delivery of goods during a defined period of time: "on which you acquire, or a third party, other than the carrier, identified by you acquires, physical possession of the first of the goods".

[2. ] Insert your name, geographical address and, where available, your telephone number, fax number and email address.

[3. ] If you give the consumer the option to electronically fill in and submit information about the consumer's cancellation of the contract on your website, insert the following: "You can also electronically fill in and submit the cancellation form or any other clear statement on our website [insert internet address]. If you use this option, we will send you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay."

[4. ] In the case of a sales contract in which you have not offered to collect the goods in the event of cancellation, insert the following: "We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier."

[5. ] If the consumer has received goods in connection with the contract:

a) insert:

- "We will collect the goods"; or

- "You must send back the goods or hand them over to us or … [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods] without undue delay and not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired."

b) insert:

- "We will bear the costs of returning the goods."

- "You must bear the direct cost of returning the goods."

- If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You must bear the direct cost of returning the goods, a total of … DKK [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You must bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately … DKK [insert amount]."; or

- if, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer's home at the time of the conclusion of the contract: "We will collect the goods at our own expense."; and

c) insert: "You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods."

[6. ] In the case of contracts for the provision of services or the supply of water, gas or electricity, where these goods are not put up for sale in a limited volume or a set quantity, or of district heating, insert the following: "If you requested us to begin the performance of services or supply of water/gas/electricity/district heating (delete as appropriate) during the cancellation period, you must pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation of this contract, in comparison with the full coverage of the contract."
________________________________________

Schedule 2

Model instructions on the right to cancel contracts

Cancellation period

The cancellation period is 14 days; in the case of personal pension contracts 30 days.

In general, the cancellation period is calculated from the date of conclusion of the contract, e.g. the date you signed the contract or placed the order.

Under the Danish Consumer Contracts Act (Forbrugeraftaleloven), you are entitled to receive information e.g. on the right to cancel and on the service ordered. The cancellation period does not begin until you have received this information in writing (e.g. on paper or by email).

For example, if you place your order on Monday the 1st, and you have also received the information specified, the cancellation period ends on Monday the 15th. If you receive the information later, e.g. on Wednesday the 3rd, the cancellation period ends on Wednesday the 17th. In the case of personal pension contracts, for which the cancellation period is 30 days, the cancellation period ends on Wednesday the 31st if you place your order on Monday the 1st and you have also received the information specified.

If the cancellation period ends on a Danish national holiday, Constitution Day (5 June), Christmas Eve (24 December) or New Year's Eve (31 December), you have until the following business day.

How to cancel

Before the end of the cancellation period, you must communicate to the trader that you wish to cancel the contract. If you want to communicate this in writing – e.g. by letter or email – you just need to send the communication before the end of the cancellation period. If you want to secure evidence that you cancelled the contract in due time, you may e.g. send the cancellation by registered post and keep the receipt.

Communication regarding cancellation of the contract must be given to:

Name:

Address: 

________________________________________

Schedule 3

Model cancellation form

(to be completed and returned only if you wish to exercise the right to cancel)

  • To [here the trader's name, geographical address and, where available, the fax number and email address are to be inserted by the trader]:
  • I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following services (*)
  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of the consumer(s) (only if this form is submitted on paper)
  • Date

(*) Delete as appropriate

Official notes

1) This Act contains provisions implementing Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, Official Journal of the European Union 2011, No. L 304, page 64, and Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, Official Journal of the European Union 2002, L 271, page 16.

 

The Act contains a number of specific minimum requirements relating to e-commerce. The rules require a business to state certain general information about itself; to state prices; to formulate advertising material so that it is identifiable as such; to describe the steps to follow to conclude the contract; and to issue an order confirmation.

Act No. 227 of 22 April 2002 on certain legal aspects of information society services, in particular electronic commerce 
WE MARGRETHE THE SECOND, By the Grace of God Queen of Denmark, hereby proclaim:

The Folketing has passed and We have confirmed by Royal Consent the following Act:

Scope of the Act

1. This Act applies to services in the information society.

(2) This Act does not apply under circumstances relating to:

1) Taxation.

2) Personal data protection.

3) The rules of the Competition Act governing competition-restricting agreements, resolutions and coordinated practice, abuse of dominant position and merger control.

4) The activities of notaries or similar activities linked to the exercise of official authority.

5) The representation of clients in court.

6) Games that involve waging a stake with monetary value, including lotteries and betting transactions.

Definitions

2. The following definitions apply in this Act:

1) Services in the information society (information society services): any service that has a commercial purpose and that is delivered online (electronically over a certain distance) at the individual request of a recipient of the service.

2) Service provider: any natural or legal person providing an information society service.

3) Established service provider: a service provider who pursues an economic activity using a fixed establishment for an indefinite period.

4) Recipient of the service: any natural or legal person who receives and uses an information society service.

5) Consumer: any natural person who is acting for purposes which are outside his or her trade, business or profession.

6) Commercial communication: any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person pursuing a commercial, industrial or craft activity or exercising a regulated profession.

7) Regulated profession: any profession within the meaning of either Article 1 (d) of Council Directive 89/48/EEC on the introduction of a general system for the mutual recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, or of Article 1 (f) of Council Directive 92/51/EEC on a second general system for the recognition of professional education and

8) Coordinated field: requirements laid down in European Union Member States’ legal systems applicable to information society services, or to providers of information society services when taking up or pursuing such provision. The coordinated field does not apply to requirements applicable to goods as such, or to the delivery of goods.

9) Communication network: A system used for the transmission of information between connected terminals.

Domestic control

3. An information society service supplied by a service provider established in Denmark shall be operated in accordance with Danish law within the coordinated area (cf. Section 2 point 8). This applies irrespective of whether the service is directed only towards another country within the European Union/European Economic Area.

Mutual recognition

4. A service provider who is established in another country within the European Union/European Economic Area and who supplies an information society service is exempt from compliance with Danish regulations within the coordinated area (cf. Section 2 point 8), even if the service is directed towards Denmark (but cf. Sections 5 and 6).

Derogations

5. Sections 3 and 4 contain no amendment to the current Danish regulations in the following areas:

1) Copyright and related rights, rights referred to in Council Directive 87/54/EEC on the legal protection of topographies of semiconductor products and the Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases, and industrial property rights.

2) The emission of electronic money by institutions in respect of which Member States have applied one of the derogations provided for in Article 8 (1) of the Directive 2000/46/EC of the European Parliament and of the Council on the taking up, pursuit of and prudential supervision of the business of electronic money institutions.

3) The marketing of shares in investment associations under Article 44 (2) of Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities.

4) Certain insurance policies in accordance with Article 30 and Section IV of Directive 92/49/EEC (the third non-life insurance Directive), Section IV of Directive 92/96/EEC (the third life insurance Directive), Articles 7 and 8 of Directive 88/357/EEC (the second non-life insurance Directive) and Article 4 of Directive 90/619/EEC (the second life insurance Directive).

5) The extent to which unsolicited marketing via electronic mail is permitted.

Intervention procedure

6. Notwithstanding Section 4, the authorities may take measures to restrict provision of an information society service in respect of a service provider who is established in another country within the European Union/European Economic Area, if such measures

1) are necessary in consideration of

a) public policy, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons,

b) the protection of public health,

c) public security and

d) the consumers (including investors),

2) are taken against a given information society service which prejudices the objectives referred to in point 1, and

3) are proportionate to those objectives.

(2) Before the measures referred to in subsection 1 are taken, the authorities in the country of establishment shall be asked to intervene. If the authorities in the country of establishment do not intervene or if their intervention is not adequate, the Danish authority shall inform the Commission and the authorities in the country of establishment about the measures before they are taken.

(3) In cases of urgency, the authorities may derogate from the conditions stipulated in subsection 2. Where this is the case, the Commission and the authorities in the country of establishment shall be notified in the shortest possible time of the measures and the reason for their urgency.

(4) The procedures referred to in subsections 2 and 3 do not apply to measures taken as part of the investigation and adjudication of criminal cases.

General information to be provided

7. A service provider shall disclose

1) the name of the service provider,

2) the geographic address at which the service provider is established,

3) an electronic mail address (and if applicable postal address) and other details of the service provider which allow him to be contacted and communicated with,

4) the CBR number, if the service provider is registered in the Central Business Register,

5) affiliation, if any, to authorisation schemes, including the relevant supervisory authority.

(2) A service provider who exercises a regulated profession shall also give

1) details of any professional body or similar institution with which the service provider is registered,

2) details of the professional title and the Member State in which is was granted, and

3) a reference to the professional rules that apply to the regulated profession, and the means to access them.

(3) The recipient of the service and the authorities shall have easily available and permanent access to the information referred to in subsections 1 and 2.

Price information

8. Where information society services refer to prices, these are to be indicated clearly and unambiguously, and it must be indicated whether they are inclusive of taxes and delivery costs.

Identification of commercial communication

9. All commercial communication that is part of or constitutes an information society service shall be framed and presented so that it is clearly identifiable as such. The party on whose behalf the commercial communication is made shall be clearly identifiable.

(2) Where promotional offers such as discounts, premiums and gifts are permitted, the conditions for participation in these arrangements shall be easily accessible and presented clearly and unambiguously. The conditions in paragraph 1 apply correspondingly to promotional competitions and permitted games.

Information to be provided

10. Before an order is placed, a service provider shall clearly, comprehensibly and unambiguously give the recipient of the service information about

1) the different technical steps to follow to conclude the contract,

2) whether or not the concluded contract will be filed by the service provider and whether it will be accessible,

3) the technical means for identifying and correcting input errors and

4) the languages offered for the conclusion of the contract.

(2) A service provider shall indicate any relevant codes of conduct to which he subscribes and how those codes can be consulted electronically.

Technical help functions etc.

11. Before an order is placed, a service provider shall make appropriate, efficient and accessible technical means available to the recipient of the service to enable him to identify and correct input errors.

(2) Contract terms and general conditions provided to the recipient must be made available in a way that allows him to store and reproduce them.

Order confirmation and reception

12. A service provider shall acknowledge the receipt of the recipient's order without undue delay.

(2) The electronic order and the electronic acknowledgement of receipt (cf. subsection 1) are deemed to be received when the parties to whom they are addressed are able to access them.

Exemptions relating to electronic mail and inter-business agreements

13. The provisions of Section 10, Section 11 subsection 1 and Section 12 subsection 1 do not apply to contracts that parties enter into exclusively by exchanging electronic mail or similar individual communication.

(2) Parties who are not consumers may derogate from the provisions of Section 10, Section 11 subsection 1 and Section 12 by agreement.

Mere conduit

14. A service provider who transmits information on a communication network supplied by a recipient of the service is not liable for the information transmitted, on condition that the provider

1) does not initiate the transmission,

2) does not select the receiver of the transmission and

3) does not select or modify the information contained in the transmission.

(2) The acts of transmission referred to in subsection 1 also cover automatic, intermediate and transient storage of the information transmitted, in so far as this takes place for the sole purpose of carrying out the transmission, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.

(3) The provisions of subsections 1 and 2 also apply to a service provider who provides access to a communication network.

Caching

15. A service provider who transmits information provided by a recipient of the service on a communication network is not liable for the automatic, intermediate and temporary storage of such information or for the content of such information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, on condition that the service provider

1) does not modify the information,

2) complies with conditions on access to the information,

3) complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry,

4) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information and

5) acts expeditiously to remove or to disable access to the information he has stored upon obtaining actual knowledge of the fact that the information has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

Hosting

16. A service provider is not liable for storage of information or for the content of the information stored, where such storage takes place at the request of a recipient of the service who has supplied the information, on condition that the service provider

1) does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent, or

2) the provider, upon obtaining such knowledge or awareness (cf. point 1), acts expeditiously to remove or to disable access to the information.

(2) Subsection 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider.

Contact points

17. Following negotiation with the ministers affected, the Minister of Economic and Business Affairs will appoint the authorities who will act as contact points for cooperation under this Act. The Minister of Economic and Business Affairs will provide the Commission and the Member States of the European Union with additional information about the authorities appointed.

(2) Following negotiation with the ministers affected, the Minister of Economic and Business Affairs will appoint the bodies who will act as contact points for service providers and recipients of the service. The contact point will provide general advice and complaint guidelines concerning contractual circumstances and will refer to relevant bodies for additional information and practical assistance. There shall be electronic access to the contact point.

(3) The Minister of Economic and Business Affairs may, after negotiation with the ministers affected, lay down more detailed rules governing the contact points referred to in subsections 1 and 2.

Entry into force

18. This Act shall enter into force the day after publication in the official journal Lovtidende.

The Faroe Islands and Greenland 

19. This Act does not apply to the Faroe Islands and Greenland, but may by Royal decree be rendered effective in these provinces, subject to the variations dictated by special Faroese and Greenlandic conditions.

Given at Amalienborg on 22 April 2002

Under Our Royal Hand and Seal

Margrethe R.

/Bendt Bendtsen

Official notes

1 This Act implements Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ 2000 L 178 of 17.07.2000, pp. 1-16).

The Travel Guarantee Fund Act provides cover for customers who have bought a package tour if the company that operates the tour fails to fulfil its obligations because of financial difficulties.

Travel Guarantee Fund Act (pdf)

Executive Order on registration, provision of security etc. with the Travel Guarantee Fund (pdf)

EU laws

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

Air passengers' rights (html, www.eur-lex.europa.eu)

Convention for the unification of certain rules for international carriage by air (Montreal Convention).

Air passengers' rights - Montreal Convention (html, www.eur-lex.europa.eu)

EC Convention on the Law Applicable to Contractual Obligations (Rome 1980 Convention).

EC Convention on the Law Applicable to Contractual Obligations (html, www.eur-lex.europa.eu)

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

Consumer sales of goods (html, www.eur-lex.europa.eu)

Directive 2011/83/EU of The European Parliament and of The Council of 25 October 2011 on consumer rights etc.

Directive on consumer rights (HTML) (EUR-lex)

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

Directive on electronic commerce (html, www.eur-lex.europa.eu) 

Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation).

Enforcement Regulation (html, www.eur-lex.europa.eu)

Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC.

Directive concerning the distance marketing of consumer financial services (html, www.eur-lex.europa.eu) 

Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests.

Injunctions Directive.

Regulation (EU) no 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation).

Jurisdiction (html)

Regulation (EC) No 1008/2008 of The EUropean Parliament and of The Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast).

Marketing of airline tickets (html, www.eur-lex.europa.eu)

Directive 97/55/EC of European Parliament of the Council of 6 october 1997 amends Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising.

Directive concerning misleading advertising so as to include comparative advertising (html, www.eur-lex.europa.eu)

Regulation on online dispute resolution and directive on alternative dispute resolution for consumer disputes.

Regulation on online dispute resolution for consumer disputes (ODR)

Directive on alternative dispute resolution (ADR)

Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

Directive on package travel, package holidays and package tours

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

Directive on services in the internal market (html, www.eur-lex.europa.eu)

Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.

European Small Claims Regulation (html, www.eur-lex.europa.eu) 

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts

Timeshare (eur-lex.europa.eu)

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.

Unfair Commercial Practices Directive (html, www.eur-lex.europa.eu) 

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

Unfair Contract Terms Directive (html, www.eur-lex.europa.eu)