E-commerce store regulations
Online Store Terms and Conditions - Denmark. Expansion into the Danish market.
Thinking about expanding your online business to Denmark? After deciding to expand your business, choosing the right legal structure, and developing a strategy, the next important step is to prepare reliable online store terms and conditions—in Danish practice, these are referred to as " Handelsbetingelser" or sometimes as "Vilkår og betingelser" or "Salgs- og leveringsbetingelser."
Handelsbetingelser - Danish online store regulations
The Handelsbetingelser (Handelsbetingelser) is a crucial element of the operation of an online store in Denmark. This document organizes the rules for sales, payments, and deliveries, while also ensuring that the store's operations comply with the requirements of Danish consumer law. In Denmark, these regulations should clearly define the rules for sales, delivery, payments, withdrawal, and complaints. Sellers operating in the Danish market must comply with several key legal acts:
- Forbrugeraftaleloven (Consumer Contract Act) - implements the EU directive on consumer rights, regulates the information obligation and gives the customer a 14-day right of withdrawal from the contract,
- Købeloven (Sales of Goods Act) - provides for a minimum two-year seller's liability for defects in goods,
- E-handelsloven (Act on, among others, electronic commerce) - specifies the obligations of online sellers in terms of transparency, providing company data (including the CVR number), order confirmations and marking advertising content,
- Markedsføringsloven (Marketing Practices Act) - counteracts unfair commercial practices.
The Danish Competition and Consumer Authority (DCCA) , a similar authority to the Polish Office of Competition and Consumer Protection (UOKiK), oversees compliance with these regulations. The DCCA oversees the functioning of the Danish market by, among other things, enforcing Danish consumer rights and competition laws, approving major mergers, and issuing withdrawal orders to companies that restrict competition.
Denmark also has the Forbrugerombudsmanden, the equivalent of the Consumer Ombudsman. This independent body also oversees businesses' compliance with trade regulations, including e-commerce and consumer protection.
Right of withdrawal in Denmark
For online stores, the most important right of withdrawal is the 14-day right of withdrawal. This applies to distance selling, including online and telephone purchases, and applies to both goods and services. The consumer is entitled to a full refund of the purchase price, including delivery, and the seller may only charge the consumer for return shipping costs if this is clearly stated in the terms and conditions.
Complaints and seller's liability
The seller is liable for product defects for at least two years from purchase. During this time, the consumer may request repair, replacement, price reduction, or refund. During the first 12 months, a defect is presumed to exist. If the product proves defective, it is assumed that the defect existed at the time of sale, and the seller must prove otherwise. After one year, the burden of proof shifts to the consumer.
Complaints procedure and response time
Complaints must be resolved within a "reasonable time." Generally, a response should be provided within 14-30 days of the complaint. The terms and conditions should clearly outline how to report defects (e.g., email, contact form), consumer rights (repair, replacement, return), what rights the customer has, and how quickly they will receive a response. Failure to respond may result in DCCA intervention or referral of the case to Forbrugerklagenævnet , the Danish consumer disputes authority.
GDPR and personal data protection
ADR - dispute resolution
Consumers in Denmark have access to an alternative dispute resolution (ADR) system. The key institution is Forbrugerklagenævnet , operating within the Nævnenes Hus ( National Consumers' Union). This system allows consumers to easily pursue their rights, and its decisions are public and subject to appeal.
Handelsbetingelser is not only a legal requirement but also a signal to the customer that the company operates transparently and in accordance with Danish sales regulations. It should be clearly written, preferably in two languages, with the Danish version taking precedence. The terms and conditions should be supplemented with a privacy policy, information on the right of withdrawal and complaints, and easily accessible contact details (address, phone number, email, CVR number).
Denmark is a market where transparency and respect for the customer are paramount. Terms and conditions that accurately describe the rights and obligations of both parties protect the seller from disputes while building the store's credibility. A well-prepared document, compliant with the Forbrugeraftaleloven, Købeloven, E-handelsloven, and Markedsføringsloven , is a key element in entering the Danish e-commerce market.
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