3. Right of withdrawal (cooling-off period)

3.1 Prior to purchase

Information about the right of withdrawal shall be provided prior to each purchase. The information shall include information on the terms, time limit and procedures for exercise of this right. In addition, information must be provided about the standard cancellation form, which can be found at www.4t.dk.
If the End User chooses to exercise their right of withdrawal, in principle the End User is not required to pay for the goods or service provided.

In principle, the End User has a 14-day right of withdrawal.

Where the End User withdraws from a service provision agreement, the End User can be required to pay for that part of the service which has already been provided, if, prior to commencement, the End User has expressly requested and acknowledged this, and provided that the End User has been informed of the right of withdrawal and the amount which is to be paid.

No information about the right of withdrawal

If no information or inadequate information is provided, the End User’s right of withdrawal is extended by up to 12 months.

 

3.2 After purchase

A receipt must be sent to the End User, containing information about:

  • the main features of the goods or service,
  • the total price and charge per billing period,
  • the terms:
    • time limit and procedures for exercising the right of withdrawal,
  • the standard model withdrawal form
  • if relevant: information about any minimum contract period.

If, on purchasing Subscription-Type Services, the End User has expressly requested that provision of the service be commenced, the End User shall receive information of said consent and that right of withdrawal will run for 1) 14 days after entering into the agreement or 2) until the service has been delivered in full.

All information must be delivered on a Durable Medium, which may be e-mail and / or SMS.

 

3.3 Exceptions

A number of agreements are exempted from the provisions relating to the right of withdrawal.

The End User must be informed during the purchase process that there is “no right to withdraw” from the purchase.

These rules relates to the following products/services (the list is not exhaustive):

  • Non-financial content services which have been completed, provided the delivery started with the End User’s express consent and acknowledgement that the right of withdrawal will cease to apply once the service has been fully completed.
  • Delivery of goods produced to the End User’s specifications or which have been given a distinctly personal character
  • Vending machine purchases, eg. drinks, bought from a vending machine
  • Delivery of goods assumed to have deteriorated or aged rapidly, or which, because of their health-protection or hygiene characteristics, are not suitable for returning once the seal has been broken
  • Delivery of sealed sound or image recordings or computer software, where the End User has broken the seal
  • Delivery of newspapers, journals or magazines which are not a part of the subscription (one-off deliveries)
  • Delivery of digital content which is not delivered on physical media, provided the delivery started with the End User’s express consent and their acknowledgement that there is no right of withdrawal
  • Transport, eg. removals and trips by air, bus, rail, taxi, etc. Nonprofit Collections, eg. charitable donations
  • Games where a monetary stake is paid for participation, eg. competitions and lotteries

 

3.4 What the right of withdrawal means in practice

3.4.1 How does the End User withdraw?

Before the end of the cooling-off period, the End User must notify the Content Provider in clear and unambiguous fashion that the End User is withdrawing from the agreement. If the End User wants to provide notification in writing – for example by letter or e-mail – the End User simply sends the notification before the end of the period. The End User may opt to use the standard model withdrawal form, but this is not a requirement. Notification that the End User is withdrawing from the agreement must be sent to the relevant Content Provider.

Template for activating the right of withdrawal can be found at www.4t.dk

The fact that the Content Provider may have delivered the content service in parts shall not limit the right of withdrawal of the End User. In such a case the Content Provider may demand payment for that part of the service which has been delivered provided the End User has been informed of the right of withdrawal and delivery was commenced at the express request of the End User.

3.4.2 Calculating the cooling-off period

The cooling-off period is calculated from the date on which the goods was delivered or, in the case of a content service, from the date the agreement was entered into. In both cases, the period will only run from the time the End User has received information on Durable Media about their right of withdrawal. For example, if the End User orders a goods or service on Monday 1st and receives the above information at the same time, the cooling-off period runs until Monday 15th. If the End User 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 31 December, the End User may wait until the following working day.

3.4.3. How to be inform about the Right of Withdrawal

Waiving right of withdrawal:

Should the customer waive the right of withdrawal, this can only be done as an active choice. That is, the customer must, by ticking an information field, accept that there is no right of withdrawal. The customer’s choice must subsequently be announced on a durable medium.

If the customer has a right of withdrawal:

The customer must be informed of the right of withdrawal prior to the purchase and on the subsequent receipt on durable medium.
In marketing and on receipt, please refer to www.4T.dk to read more about how to make use of the right of withdrawal.
The following sentence must be included in marketing materials and on receipt: Read more about the Right of Withdrawal on 4T.dk. The Danish text version which should be used, can be found in chapter 15.