• Sagsoplysninger
    • Nationalt ID-nr.: 2002-62/7-1355
    • Medlemsstat: Danmark
    • Almindeligt anvendt navn:N/A
    • Afgørelsestype: Andet
    • Afgørelsesdato: 31/12/2002
    • Retsinstans: Forbrugerklagenævnet
    • Emne:
    • Sagsøger:
    • Sagsøgt:
    • Nøgleord: Retspraksis Danmark dansk
  • Direktivets artikler
    Consumer Sales and Guarantees Directive, Article 5, 3.
  • Indledende note
    Lack of conformity with the contract.
  • Fakta
    A consumer bought a pair of robust boots to her daughter. After 4 months' use the lining was worn to pieces. The seller rejected the consumer's complaint maintaining that the wear was a result of the laces not having been tied properly on the boots. The consumer brought the case before the Consumer Complaints Board.
    Assisted by an expert the Board inspected the boots and ascertained that the lining in the heels was worn to pieces and that the lining had not had sufficient resistance against the wear it had been exposed to. Therefore, the question was whether this constituted lack of conformity with the contract.
  • Juridisk spørgsmål
  • Afgørelse

    The Board considered that the wear was caused by the foot sliding up and down the heel and that this was due to either the fact that the laces had not been tied properly on the boots or that the boots were designed in a way making them too stiff and not flexible enough to follow the foot when used.
    The consumer maintained that the boot laces had been tied during use and according to the expert the boots were very stiff and heavy and generally not suitable for footwear.
    Accordingly, the Board stated that the presumption, that the wear was caused by the properties of the boots present at the time of delivery, was not rebutted by the seller. Therefore, the quality of the lining was considered to have been too inferior taking into account the general design of the boots, and this constituted lack of conformity, cf. § 77a, sec. 3, of the Sale of Goods Act (implementing art. 5, sec. 3, of Directive 1999/44/EC). As the lack of conformity was not minor the consumer was entitled to have the contract rescinded according the Sale of Goods Act § 78, sec. 1 (4) (implementing art. 3, sec. 6, of Directive 1999/44/EC).

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