The Danish Consumer Contracts Act


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.

 

12. October 2015

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