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Case Details

Case Details
National ID 2005-4031/7-1498
Medlemsstat Danmark
Common Name link
Decision type Andet
Decision date 27/08/2007
Retsinstans Forbrugerklagenævnet
Emne
Sagsøger
Sagsøgt
Nøgleord

Distance Selling Directive, Article 6, 1.

The supplier is not entitled to charge the administration and deterioration costs in case of the consumer's withdrawal.
A consumer purchased a computer via a Danish website, and was informed that delivery would take place within 10 days. When on the 11th day the computer was still not delivered, the consumer informed the supplier in writing that he cancelled the contract. In spite of this the supplier subsequently tried to deliver the computer, but the consumer refused to accept it. The supplier then returned the purchase price, however deducted with the costs of returning the computer to the production plant in Ireland, together with administration and deterioration of the value of the computer.
The Consumer Complaints Board first stated that it was a case of distant selling comprised by the Act on Certain Consumer Contracts, and thus that the consumer was entitled to withdraw from the contract for a period of 14 days. The Board found that the consumer’s written notice to the supplier regarding cancellation of the contract was to be regarded use of the right of withdrawal.

It follows from § 19(2) of the Act on Certain Consumer Contracts, implementing art. 6 para 2 of Directive 97/7/EC, that where the right of withdrawal has been exercised, the only charge that may be made to the consumer is the direct costs of returning the goods. Hence, the supplier was not entitled to charge the consumer with the administration costs and deterioration of the value of the computer.

As regard the costs of returning the computer, the explanatory notes to the Act on Certain Consumer Contracts states that if the consumer has informed the supplier of the withdrawal before the good is dispatched to the consumer, the supplier is not entitled to charge the consumer with the returning costs. Accordingly, the supplier was not entitled to charge the consumer with the returning costs either.

The Board added that without express agreement the supplier could not make the right of withdrawal conditioned on the good being returned to Ireland and the consumer being charged with the costs hereto.
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