Case law

  • Case Details
    • National ID: B-204-08
    • Member State: Denmark
    • Common A/S versus A/S ./. Jacob Snoer Iversen
    • Decision type: Other
    • Decision date: 27/06/2008
    • Court: Østre Landsret (Others)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 3, 3. Consumer Sales and Guarantees Directive, Article 3, 4.
  • Headnote
    The case concerned a laptop computer bought online from a Danish seller and delievered at the buyer's address in Denmark. The computer was the seller's own product and the seller did not do business outside the Nordic countries and did not ship products to USA. The buyer complained by telephone from USA that the laptop did not conform with the contract and sent it to Denmark for repair. The court held, that the seller, who knew that the buyer was calling from USA and did not object to the repair, was obliged to repair without costs for the consumer and therefore had to reimburse the postal charges. cf. the Sale of Goods Act § 78, subsec. 4 (implementing art. 3,2-4 of the Consumer Sales Directive). However, the seller was obliged to reimburse the ordinary postal charges only and not the increased charges of express mail.
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