Case law

  • Case Details
    • National ID: Forbrugerombudsmandens afgørelse i sag 08/02972
    • Member State: Denmark
    • Common Name:The Consumer Ombudsman's decision in case 08/02972
    • Decision type: Administrative decision, first degree
    • Decision date: 18/06/2008
    • Court: The Consumer Ombudsman
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: consumer, information requirements, invitation to purchase
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (c)
  • Headnote
    (1) A fee that depends on the price of the product cannot reasonably be calculated in advance.

    (2) A trader is required to inform the customer of a fee that cannot reasonably be calculated in advance in conjunction with the price information.
  • Facts
    A trader charged a handling fee of 49 kr. on all orders under the amount of 500 kr. The trader informed the customers of this handling fee in the terms and conditions as well as on the order page itself.
  • Legal issue
    The Consumer Ombudsman stated that a handling fee that depends on the price of the product could not reasonably be calculated in advance and that the law required the trader to inform the customer of the possibility of the customer being charged a handling fee in conjunction with the price information.
  • Decision

    (1) Can a fee that depends on the price of the product reasonably be calculated in advance?

    (2) Is a trader required to inform the customers of the possibility of the trader charging a fee that cannot reasonably be calculated in advance in conjunction with the price of the item ?

    URL: http://www.forbrugerombudsmanden.dk/Find-sager/Markedsfoeringsloven/Sager-efter-markedsfoeringsloven/koebsopfordring/prisoplinternetbutik

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

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  • Result
    The trader had to provide information on the possibility of the customer being charged a handling fee in conjunction with the price of the product.
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