The Danish Competition and Consumer Authority's Cases on Deal Sites

Date 13 maj. 2014
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Introduction

In continuation of the increasing number of deal sites, the Danish Competition and Consumer Authority has been experiencing an increasing number of complaints in this area. The cases mainly concern the question of responsibility for defects of the purchased goods and services, and in two recent decisions on placement of responsibility, the Danish Competition and Consumer Authority has emphasized who the consumers believed they were dealing with based on the deal site's design and the formulation of the specific deal.

 

The Danish Competition and Consumer Authority’s Cases on Deal Sites

In a case regarding the purchase of a bicycle which subsequently proved to be defective seeing as the consumer had to get the bicycle repaired four times, the consumer complained both to the deal site and the bicycle supplier.


The Danish Competition and Consumer Authority found the deal site responsible based on the facts that

  • The layout of the deal site and wording of the actual deal did not give the consumer the impression that the consumer entered into an agreement with another operator than the deal site; and
  • The deal site was the receiver of the consumer’s complaints, giving the consumer the impression that the agreement was entered into with the deal site.

 

In another case regarding the purchase of a voucher for a sofa cleaning, the consumer experienced that when the sofa came back from the cleaning, it had blotches, and the pillows had shrunk and were creased. The Danish Competition and Consumer Authority found the supplier responsible based on the facts that

 

  • The specific deal did not give the consumer the impression that the deal site was the actual seller of the cleaning; and
  • The consumer accepted the deal site's terms of business which stated in sufficiently clear manner that the deal site was merely the facilitator of the contact between the consumer and the supplier. 

Our View

Both the deal site provider and the supplier should ensure that it is clear from any given offer with whom the consumer enters into agreement. It is also important that any complaint process refers to the appropriate party from the start.

 

Consumers should also look into who it is that they enter into agreement with before purchasing goods and services on a deal site in order to avoid disappointment later.

 

 

If you have any questions or would like additional information regarding the legal regulation of deal sites or on consumer law issues in general, please contact partner  Pernille Nørkær (pno@mwblaw.dk) or junior associate Peter Smed (psm@mwblaw.dk).

 

The above does not constitute legal counselling and Moalem Weitemeyer Bendtsen does not warrant the accuracy of the information. With the above text, Moalem Weitemeyer Bendtsen has not assumed responsibility of any kind as a consequence of a reader’s use of the above as a basis of decisions or considerations.