Case law

  • Case Details
    • National ID: Forbrugerklagenævnets afgørelse i sag 10/10023
    • Member State: Denmark
    • Common Name:The Consumer Complaints Board’s decision of 30 November 2011 in case 10/10023
    • Decision type: Administrative decision, first degree
    • Decision date: 30/11/2011
    • Court: The Consumer Complaints Board
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: consumer, distance contracting, means of distance communication, right of withdrawal
  • Directive Articles
    Distance Selling Directive, Article 2, (1) Distance Selling Directive, Article 2, (4) Distance Selling Directive, Article 6, 1.
  • Headnote
    (1) The placement of an order via phone after having seen several ads is a "distance sale" within the meaning of Section 4(1) of the Consumer Contracts Act when the trader confirms the order via e-mail.

    (2) Accepting 5 % of all orders telephonically amounts to "an organized distance sales scheme" within the meaning of Section 4(2) of the Consumer Contracts Act.
  • Facts
    After having seen several ads, a consumer ordered six designer chairs via phone from a trader who confirmed the order via e-mail. The trader subsequently informed the consumer that the consumer - contrary to the original agreement - had to pay the purchase price via wire transfer. The consumer initially accepted the changed method of payment but regretted it later that same day and informed the trader of his intent to withdraw from the purchase. However, the trader, who estimated that only approximately 5 % of all orders were placed telephonically, denied that the consumer had a right of withdrawal.
  • Legal issue
    (1) The board initially stated that an agreement is concluded by means of distance communication when the parties to an agreement do not meet physically. Seeing as the consumer had placed the order via phone after having seen the ads and the trader had confirmed the order via e-mail, the agreement was concluded by means of distance communication.

    (2) Four out of the board's five members reasoned that by taking 5 % of all orders telephonically the trader conducted a non-insignificant part of his business by means of distance communication which equaled an organized distance sales scheme. The remaining member of the board dissented as that member did not believe that taking 5 % of all orders via phone amounted to "an organized distance sales scheme".
  • Decision

    (1) Is the placement of an order via phone after having seen several ads a "distance sale" within the meaning of Section 4(1) of the Consumer Contracts Act when the trader confirms the order via e-mail?

    (2) Does accepting 5 % of all orders telephonically amount to "an organized distance sales scheme" within the meaning of Section 4(2) of the Consumer Contracts Act?

    URL: http://www.forbrug.dk/Afgoerelsesdatabase/Forbrugeromraadet/moebler-og-boligudstyr/stolefjernsalg?tc=4860F97DDE164FB098AD77A120C41F89

    Full text: Full text

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  • Result
    The board ruled in favor of the consumer who could withdraw from the purchase.