17. Examples

 

Services Information required prior to purchase Information required after purchase
Example 1:

One-off services such as ringtones, jokes, news, etc.

On any medium:

“You are being offered a ringtone for DKK 25 + usage charge by content-provider Indhold A/S, Bogholderivej 14, DK-2100, +4545454637.”

 

If the customer is to waive the right of withdrawal (cooling-off period):

The customer must first personally consent to the following:

 

“If you reply YES you will pay DKK 25 per ringtone and agree to start receiving the service now. You thereby waive your right of withdrawal.”

 

Or alternatively:

“If you reply YES you will pay DKK 25 per ringtone und thus waive your 14-day right of withdrawal (cooling-off period).”

 

If the 14-day right of withdrawal is maintained:

The marketing material must indicate that the customer is entitled to a 14-day right of withdrawal (cooling-off period). With respect to other conditions concerning the exercise of the right of withdrawal, reference can be made to the content-provider’s website.

 

In connection with the purchase of services, the customer is to be notified, possibly by SMS, with a message such as:

 

“You have ordered a ringtone priced at DKK 25. You are entitled to a 14-day right of withdrawal, further details at: www.xyzw.dk/cooling-off_period

 

For purchases of 75 or more required receipt for durable medium ie. e-mail, letter, SMS / MMS or website information:

If the customer has renounced his right of withdrawal:
“You bought a ringtone for 25 + connection fee from Content provider Content A / S, Bogholderivej 14, DK-2100, +4545454637. In connection with participation you have waived your right of withdrawal.”

If the 14-day withdrawal period is maintained:
“You bought a ringtone for 25 + connection fee from Content provider Content A / S, Bogholderivej 14, DK-2100, +4545454637. You have 14 days to cancel. “Read more: www.xyzw.dk / undo “

Example 1A:

One-off services such as ringtones, jokes, news, etc. for 0 DKK.

 

On any medium:

”Send FUGL to 1234 and get a ringtone with birds’ singing. You only pay for the usage charge. Best regards Fuglehuset.”

None
Example 2:

Donation

(maximum DKK 150).

 

On any medium:

“Support our Sudan appeal. Send your donation through Dansk Hjælpen: DKK 50 + usage charge. Dansk Hjælpen A/S, Bogholderivej 14, DK-2100, +4545454637”

 

On any medium:

 

“Thank you for your donation of DKK 50 to Dansk Hjælpen.” 

 

Example 2A:

Donation during a radio programme (maximum DKK 150).

 

On any medium:
“Support our Sudan appeal at DKK 150 + usage charge. Send Sudan to 1234. “

 

 

By SMS:

“Thank you for your donation of DKK 150. Kind regards, Dansk Hjælpen, Bogholderivej 14, DK-2100, +4545454637.”
Example 3A:

One-off competitions or polls held during a television programme (non-durable media)

 

 

On TV:

“Vote for tonight’s best band by sending B1, B2, B3 or B4 to 1414.

Price DKK 4 + usage charge.”

 

If the customer is to waive the right of withdrawal (cooling-off period):

“By sending the text, you agree that your right of withdrawal ceases to apply.”

 

Alternative I:

“By participating, you renounce your right to a 14-day right of withdrawal (cooling-off period)”

 

Alternative II:

“The act of participating waives the right to a 14-day right of withdrawal (cooling-off period)”.

 

(Note that the mere inclusion of the words “no right of withdrawal” is insufficient)

 

If the 14-day right of withdrawal is maintained:

 

“See about the 14-day right of withdrawal (cooling-off period) and other information on TTV page xxx”

 

A reference to the TTV page containing the address and telephone number can be used for this purpose.

 

If the content provider is an organisation other than the media company (e.g. DR/Den grønne slagter), the content provider’s name must also appear on-screen: e.g. ”Den grønne slagter”

 

 
Example 3AA:

One-off competitions or polls held during a radio programme (non- durable media) with premium charges not exceeding DKK 5.

On the radio:

“Vote for tonight’s best band by sending B1, B2, B3 or B4 to 1414. Price: DKK 4 + usage charge.”

 

If the end-user exercises the 14-day right of withdrawal, there is NO NEED to provide information on this right.

 

If the customer is to waive his or her right to withdraw (cooling-off period):

“By sending the text you agree that your right of withdrawal ceases to apply.”

 

Alternative I:

“By participating, you renounce your right to a 14-day right of withdrawal (cooling-off period)”

 

Alternative II:

“The act of participating waives the right to a 14-day right of withdrawal (cooling-off period)”.

 

(Note that the mere inclusion of the words “no right of withdrawal” is insufficient)

 

If the content provider is an organisation other than the radio station concerned (e.g. DR/Den grønne slagter), the content provider’s name must also be quoted on-air: e.g. “Den Grønne Slagter”.

 

 
Example 3AAA:

One-off competitions or polls held during a radio programme (non- durable media) with premium charges exceeding DKK 5.

 

On the radio:

“Vote for tonight’s best singer by sending B1, B2, B3 or B4 to 1414.

Price: DKK 7 + usage charge.”

If the customer is to waive the right of withdrawal (cooling-off period):

Spoken: “By sending the text, you agree that your right of withdrawal ceases to apply.”

Alternative I:

“By participating, you renounce your right to a 14-day right of withdrawal (cooling-off period)”

 

Alternative II:

“The act of participating waives the right to a 14-day right of withdrawal (cooling-off period)”.

 

If the 14-day right of withdrawal is maintained:

Spoken: “You are entitled to a 14-day cooling-off period”.

 

A text message must subsequently be sent within 24 hours, containing information on how to exercise this right of withdrawal.

 If the content provider is an organisation other than the media channel concerned (e.g. DR/Den grønne slagter), the content provider’s name must also be quoted on-air: “Den Grønne Slagter”.

 

 
Example 3B:

Competitions or polls held during a TV programme (non-durable media), in which more than one SMS must be sent in order to participate.

 

If the right of withdrawal (cooling-off period) is waived:

on TV:

“You can take part in a competition for a total of DKK 18 for 3 messages + usage charge.

By sending the text, you agree that your right of withdrawal ceases to apply.”

 Alternative I:

“By participating, you renounce your right to a 14-day right of withdrawal (cooling-off period)”

 

Alternative II:

“The act of participating waives the right to a 14-day right of withdrawal (cooling-off period)”.

 (Note that the mere inclusion of the words “no right of withdrawal” is insufficient)

 If the 14-day right of withdrawal is maintained:

 “You can take part in a competition for a total of DKK 18 for 3 messages + usage charge. See details of 14-day right of withdrawal (cooling-off period) and other information at TTV xxx”

If the content provider is an organisation other than the media channel concerned (e.g. DR/Den grønne slagter), the content provider’s name must also be shown on-screen: “Den grønne slagter”.

TTV is to indicate: Den Grønne Slagter, Bogholderivej 14, DK-2100, +4545454637.

 

TTV must appear on the same channel as the broadcast programme.

 

 
Example 4:
Continuous subscription-type services involving a total monthly payment not exceeding 200 DKK, based on charging for received SMS/MMS messages

 

On any medium:

 

 

 

 

 

“You are offered a SUPERNEWS subscription at DKK 200 per month + usage charge. You are entitled to a 14-day cooling-off period. Send the reply, SUPERNEWS JA to confirm your order. Provider: Indhold A/S, Topholm 14, 2100 KBH Tlf. 12345678.  To give notice of cancellation send “SUPERNEWS STOP” to 1234”.

By e-mail, letter, SMS/MMS or secure website:

“You have ordered a subscription for SUPERNEWS at DKK 200 per month + usage charge. You are entitled to a 14-day cooling-off period. To cancel the subscription, send “SUPERNEWS STOP” to 1234”. Provider: Indhold A/S, Topholm 14, 2100 KBH Tlf. 12345678”

 

(Note that no notice period may be demanded with regard to subscription-type services.)

 

In each premium rate SMS:

“Receipt: You have been charged DKK 200 for your SUPERNEWS subscription. To cancel the subscription,  send “SUPERNEWS STOP” to 1234. Provider: Indhold A/S, Topholm 14, 2100 KBH Tlf. 12345678.”

 

Cancellation procedure:

If the customer sends “SUPERNEWS STOP” to 1234, the following reply message must be sent: “Your SUPERNEWS subscription is hereby cancelled. Kind regards, Indhold A/S, Topholm 14, 2100 KBH Tlf. 12345678.”

 

Example 4a:

Continuous subscription-type services at 0 DKK  

On any medium:

”Send SLADDER to 1234 and receive the hottest gossip this month. Price:  0 kr. + usage charge. To cancel, send “SLADDER STOP” to 1234. Best regards Sladderhuset.”

By e-mail, letter, SMS/MMS or secure website:

“You have ordered a continuous subscription for SLADDER. You only pay for the usage charge. To cancel the subscription, send “SLADDER STOP” to 1234”. Best regards Sladderhuset”

 In each message/delivery the following has to appear:

“To cancel the subscription, send “SLADDER STOP” to 1234. Best regards Sladderhuset.”

 Cancellation procedure:

If the customer sends “SLADDERSTOP” to 1234, the following reply message must be sent: “Your SLADDER subscription is hereby cancelled. Best regards Sladderhuset.”

 

Example 5:

Subscription-type services with one-off payment not exceeding 200 DKK

 

On any medium:
“You are being offered 10 virtual SMS-SNACKS at a total price of DKK 200 + usage charge from the SMS provider, Tophold A/S, Bogholderivej 14, 2100 KBH, Tlf. 12345678.  To give notice of cancellation send “SMS-SNACKS STOP” to 1234”

If the customer is to waive the right of withdrawal:
The customer must first  personally consent to the following:
“If you answer YES, you pay a total of  DKK 200 for XY items/messages as part of a news service and consent to start receiving the service now. You thereby waive your right of withdrawal.”

Alternatively:
“If you answer YES, you pay a total of DKK 200 for a news service with XY items/messages included and you thereby waive your 14 day right of withdrawal.”

If the 14 day right of withdrawal is maintained:
The marketing material must indicate that the customer is entitled to a 14-day right of withdrawal. With respect to other conditions concerning the exercise of the right of withdrawal, reference may be made to the content provider’s website.

In connection with the purchase of the service, the customer must be notified, possibly by SMS, with a message such as:

“You have ordered a news service at a total price of DKK 200 including XY items/messages. You are entitled to a 14-day right of withdrawal, further details at: www.xyzw.dk/fortryd”

 

By e-mail, letter, SMS/MMS or website (see above):

“You have ordered 10 virtual SMS-SNACKS at a total price of DKK 200 + usage charge from the SMS provider, Tophold A/S, Bogholderivej 14, 2100 KBH, Tlf. 12345678. By giving your consent before the purchase, you have waived your right of withdrawal. To give notice of cancellation send “SMS-SNACKS STOP” to 1234”

 

 

Example 6:

Chat services (subscription-type), with payment per sent SMS/MMS and any startup fee that might be payable. Total maximum payment: DKK 200 per month

 

On any medium:

You are being offered a chat service for a maximum of DKK 200 per month, with a DKK 20 startup fee and DKK 4 per sent SMS + usage charges, by SMS-provider Tophold A/S, Bogholderivej 14, DK-2100, +4545454637.

 To give 30 days’ notice of cancellation, send “CHATSERVICE STOP” to 12xx

 If the customer is to waive the right of withdrawal (cooling-off period):

The customer must first personally consent to the following:

 “If you reply YES you will pay DKK 200 for a chat subscription and agree to start receiving the service now. You hereby waive your right of withdrawal”.

 Or alternatively:

 “If you answer YES, you will pay DKK 200 for a chat-service subscription und thus waive your 14-day right of withdrawal (cooling-off period).”

 

If the 14-day right of withdrawal is maintained:

The user is to be notified by any medium: “You are entitled to a 14-day right of withdrawal (cooling-off period)”

 

A text message will subsequently be sent within 24 hours, containing information on how to exercise this right of withdrawal.

 

If the 14-day right of withdrawal is waived:

By e-mail, letter, SMS or online

“Purchased chat service: Total DKK 200 per month + usage charges, from SMS provider Indhold A/S, Bogholderivej 14, DK-2100, +4545454637. By giving your consent before purchase, you waive your right of withdrawal “

 

To give 30 days’ notice of cancellation, send “CHATSERVICE STOP” to 12xx

 

If the 14-day right of withdrawal is maintained:

The customer must be personally informed as follows:

You have purchased a chat-service subscription costing DKK 200 per month + usage charges from Tophold A/S, Bogholderivej 14, DK2100, +4545454637. You are entitled to a 14-day right of withdrawal (cooling-off period) from the purchase, even if delivery has already begun, in accordance with the Danish Consumer Contracts Act. Withdrawal may be made effective in writing or by phone call.

To give 30 days’ notice of cancellation, send “CHATSERVICE STOP” to 12xx

 

Example 7:

Competition (subscription-type) with payment per sent SMS/MMS. Total expenditure up to and including DKK 75 to a daily maximum of DKK 12.

 

 

On any medium:
“You are being offered a competition service at DKK 3 per sent SMS + usage charge from the SMS provider Tophold A/S, Bogholderivej 14, DK-2100, +4545454637. To complete the competition requires a total purchase of DKK 60 + usage charge.”

If the customer is to waive the right of withdrawal:
The customer must first  personally consent to the following:
“Send JA. Then you pay a maximum of DKK 60 + usage charge for the competition and consent to start receiving the service now. You thereby waive your right of withdrawal.”

Alternatively:
“If you answer YES, you pay DKK 60 for a competition subscription and you thereby waive your 14 day right of withdrawal.”

If the 14 day right of withdrawal is maintained:
On any medium the customer is informed:

“You are entitled to a 14 day right of withdrawal ”
A text message must subsequently be sent within 24 hours, containing information on how to exercise this right of withdrawal.

Notification by e-mail, letter, SMS or web site:

 

“Competition Service purchased: total maximum of DKK  60 + usage charge from the SMS provider Tophold A/S, Bogholderivej 14, DK-2100, +4545454637. With your consent prior to the purchase you agree that your right of withdrawal ceases to apply”

 

If the 14-day right of withdrawal is maintained:
“Thanks for the purchase of the competition subscription. You may within 14 days exercise your right of withdrawal by writing to Tophold A/S, Bogholderivej 14, DK-2100, +4545454637”

 

Example 8:

Purchases of goods and services not delivered to the phone, up to and including DKK 225

On any medium:

“You are being offered a large candy bar for DKK 25 + usage charge from the transport company Hyg & Rejs, Færgevej 2, DK-5700, +4512345678. Payment is made via your mobile telephony bill.”

 

If the customer is to waive the right of withdrawal:

The customer must first personally consent to the following: “If you answer YES, you pay DKK 25 for a large candy bar and consent to delivery now. You thereby waive your right of withdrawal.”

 

Alternatively:

“If you answer YES, you pay DKK 25 for a large candy bar and you thereby waive your 14 day right of withdrawal”

 

If the 14 day right of withdrawal is maintained:

The marketing material must indicate that the customer is entitled to a 14-day right of withdrawal. With respect to other conditions concerning the exercise of the right of withdrawal, reference may be made to the content provider’s website.

 In connection with the purchase of the service, the customer is to be notified, possibly by SMS, with a message such as:

“You have ordered a large candy bar for DKK 25. You are entitled to a 14-day right of withdrawal, further details at: www.xyzw.dk/fortryd”

 

By e-mail, letter, SMS / MMS or Web site):
“Thank you for purchasing a large candy bar for DKK 25 + usage charge. Hyg & Rejs, Færgevej 2, DK-5700, +4512345678.

If the customer is to waive the right of withdrawal:
“With your consent prior to the purchase you agree that your right of withdrawal ceases to apply.”

If the 14 day right of withdrawal is maintained:
“You are entitled to a 14-day right of withdrawal from the purchase, even if delivery has already begun. Withdrawal may be made effective in writing or by phone call, ”

 

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