Case law

  • Case Details
    • National ID: Forbrugerombudsmandens afgørelse i sag 14/04693
    • Member State: Denmark
    • Common Name:The Consumer Ombudsman's decision in case 14/04693
    • Decision type: Administrative decision, first degree
    • Decision date: 05/09/2014
    • Court: The Consumer Ombudsman
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: advertising, information requirements, invitation to purchase, misleading omissions
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 3. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (d)
  • Headnote
    It is necessary to include the fact that all communication must be done by e-mail in all of a trader's marketing material, except for in advertisements that are limited in time and space.
  • Facts
    A trader asked the Consumer Ombudsman if it was necessary to include the fact that all communication must be done by e-mail in all of the trader's marketing material or if was sufficient to provide that information in the terms and conditions.
  • Legal issue
    The Consumer Ombudsman stated that consumer must be provided with information on matters regarding payment, delivery and the performance of the contract to the extent these depart from what is customary in the industry.

    According to the Consumer Ombudsman, it was not yet customary in the industry that communication could only be done via e-mail. Thus, the Consumer Ombudsman considered that such information must be provided to the consumer in connection with an invitation to purchase if it can be considered one of the terms of the agreement. However, such information does not have to be provided in advertisement that is limited in time or space if it is provided in another manner.
  • Decision

    Is it necessary to include the fact that all communication must be done by e-mail in all of a trader's marketing material?

    URL: http://www.forbrugerombudsmanden.dk/Find-sager/Markedsfoeringsloven/Sager-efter-markedsfoeringsloven/koebsopfordring/Vilkaar-om-elektronisk-kommunikation

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The trader had to include the fact that all communication must be done by e-mail in almost all of the trader's marketing material.