Right of withdrawal (cooling-off period)
3.1. Prior to purchase
Information about the right of withdrawal shall be provided prior to each purchase. If the end user chooses to exercise his/her right of withdrawal, the end user is not required to pay for the product or service provided.
In principle, the customer has a 14-day right of withdrawal.
However, as a content provider, you may choose a:
- 14-day right of withdrawal
In principle, the customer has a 14-day right of withdrawal. The period starts on the day on which the agreement was concluded.
- Waiver of right of withdrawal
With the active agreement of the customer, the right of withdrawal may be waived.
No information about the right of withdrawal
If no information or inadequate information is provided, the customer’s right of withdrawal is extended by up to three months.
3.2. After purchase
If, when purchasing subscription-type services, the customer has actively agreed to waive the right of withdrawal, the end user shall be informed thereabout.
A number of agreements are excepted from the provisions relating to the right of withdrawal. Examples include:
- Vending machine purchases, e.g. drinks, bought from a vending machine
- Charitable appeals
- Transport, e.g. removals and trips by air, bus, rail, taxi, etc.
- Accommodation, e.g. stays in hotels, hostels or camp sites, cottage rentals
- Food, e.g. restaurant visits and take-away deliveries (catering)
- Recreational leisure activities, e.g. cinema visits, theatre performances, concerts, sporting events, etc.
3.4. What the right of withdrawal means in practice
3.4.1 How does the customer withdraw?
Before the end of the cooling-off period, the customer must notify the provider that the customer is withdrawing from the Agreement. If the customer wants to provide notification in writing – for example by letter or e-mail – the customer simply sends the notification before the end of the period. To prove that the customer has withdrawn from the agreement in time, the customer can send the letter by registered post and keep the proof of posting.
Notification that the customer is withdrawing from the Agreement must be sent to the relevant content provider.
The fact that the provider has delivered the service in full or in part does not affect the customer’s right of withdrawal unless the customer expressly agreeds that the service could be provided at a specified time before expiry of the right of withdrawal. In such cases the right of withdrawal only applies until this time.
The following shall apply to subscription-type services:
In this case, the right of withdrawal shall apply from the date on which the customer receives confirmation on a durable medium. For example if the customer orders a service on Monday 1st and receives the above information at the same time, the cooling-off period runs until Monday 15th. If the customer does not receive the information until later, for example Wednesday 3rd, the cooling-off period runs until Wednesday 17th. If the period expires on a public holiday, a Saturday, Danish Constitution Day (5 June), 24 December or the 31 December, the customer may wait until the following working day.
For goods and services delivered outside the telephone:
In this case, the right of withdrawal shall apply from the date on which the goods are delivered to the customer.
[Additional text may be added, for example:
"After exercising the right of withdrawal, it is unlawful to use or transfer the purchased services and any breach is an offence."]