Right of withdrawal and complaints for consumers

You have bought something online, and it is not what you expected. Or you have bought something in a shop that turns out to have a fault. What can you claim? When can you cancel a purchase? And what is the difference between the right of withdrawal, the right of return and the right to complain about defects?

Many consumers confuse these concepts, and it can cost them money. This guide gives you a clear overview of your rights as a consumer in Denmark.

The three most important rights on a purchase

Right	What is it?	Who decides it?
Right of withdrawal	The right to cancel a purchase without a reason	The law (distance and doorstep sales)
Right of return	The option to return an item	The shop's policy, not statutory
Right to complain about defects	The right to a remedy for faults/defects	The law (the Sale of Goods Act)

Right of withdrawal: only for distance and doorstep sales

The right of withdrawal follows from the Consumer Contracts Act and does not apply to ordinary purchases in physical shops. It applies only to:

• Distance sales: purchases online, by phone or by post, that is, when you are not both physically present
• Contracts concluded off business premises: for example at a fair, in the street or in your home

The withdrawal period is 14 days

You have a 14-day right of withdrawal from:

• The day you receive the item (for goods)
• The day you enter into the agreement (for services)

The period presupposes that the seller has given you correct information about the right of withdrawal. If the seller has not done so, the period is extended by up to 12 months.

How to exercise the right of withdrawal

• Notify before the deadline expires. A clear message (email, letter) to the seller is sufficient
• You need no reason
• Return the item within 14 days after you have given notice of withdrawal

Who pays the return shipping?

• As a rule: you pay the return shipping, unless the seller offers free returns
• The seller pays: if the seller has not correctly informed you of the return costs

When does the right of withdrawal not apply?

The right of withdrawal lapses, among other things, for:

• Custom-made goods, adapted specifically for you
• Sealed goods (hygiene articles, etc.) that have been opened
• Digital content delivered electronically, which has begun with your express consent and acknowledgement that the right of withdrawal thereby lapses
• Flight tickets, hotels and rental cars for a specific date
• Certain financial services (which have their own special rules)
• Fresh food and perishable goods

The Sale of Goods Act: your right to complain about faults and defects

The right to complain concerns your rights if the item has a fault or defect. It applies to all consumer purchases, in a shop, online and also for second-hand goods (to some extent).

The complaint period is 2 years

You have 2 years to complain about a defect, counted from the time of delivery. This is a minimum period, and the seller can voluntarily offer a longer warranty.

The presumption rule: If you discover a defect within the first 12 months (previously 6 months, changed in 2022), the defect is presumed to have been present at delivery, and it is the seller's task to prove otherwise.

If you discover the defect after 12 months, it is typically you who must make it probable that it is an original defect (for example a manufacturing fault).

What is a defect?

A defect exists when the item:

• Does not conform to what was agreed
• Does not have the qualities a comparable item normally has (for example a vacuum cleaner that does not vacuum)
• Is damaged on delivery
• Does not live up to the marketing

Normal wear is not a defect.

Your rights on a defect

You can assert these rights, in a certain order:

1. Repair or replacement As a rule, it is you as the consumer who chooses between repair and replacement. The seller can, however, refuse the chosen remedy if it is impossible or would impose disproportionate costs on the seller compared with the other remedy. If the seller chooses to repair and the repair fails (for example after two attempts), you can move on to the next remedies.

2. A proportional reduction (price reduction) If the defect cannot be remedied, you are entitled to a proportional reduction in the price.

3. Cancellation (money back) If a remedy cannot be provided, you can cancel the purchase and demand your money back, but only if the defect is not minor.

4. Damages If you have suffered a loss as a result of the defect (for example extra costs because the item failed), you can claim damages under the general rules.

Online purchases: extra rights

For online purchases you have extra protection as a consumer via the Consumer Contracts Act (which implements the EU Consumer Rights Directive):

• A 14-day right of withdrawal (as described above)
• A duty of information: the seller must inform you of the price, the item, delivery costs, the right of withdrawal, etc., before you accept
• Further information: the seller must, among other things, inform about:
  • The complaint route (the Consumer Complaints Board)
  • The privacy policy (GDPR)
  • The trading terms

The webshop's return policy vs. the law

Many webshops market themselves with "30-day returns", "60-day returns", etc. This is a voluntary service beyond the right of withdrawal, and that is of course fine.

But remember: the seller's return policy cannot reduce your statutory rights. Even if the shop says "no returns", you still have the right to complain about defects.

What do you do if the seller will not help?

If the seller refuses to recognise your complaint, you can:

1. Complain to the Consumer Complaints Board, which handles disputes within certain value limits (check the current limits)
2. Complain to an industry complaints board, if one exists for the item/service
3. Contact the consumer council Forbrugerrådet Tænk, which provides advice
4. Bring a small claim at the district court for claims up to DKK 50,000

Concrete examples of consumer rights in practice

What do the rules mean in practice? Here are three examples:

Example 1: A mobile phone bought online, the battery fails after 8 months

Maria buys a new smartphone online. After 8 months, the battery holds almost no charge. She complains to the shop within the first 12 months, and the presumption rule means it is the shop's task to prove that the defect did not exist from the start. The shop offers a repair. If the repair fails after two attempts, Maria can demand a replacement (a new phone) or her money back.

Example 2: A sofa bought in a furniture shop, a delay in delivery

Anders buys a sofa for DKK 12,000 in a physical furniture shop. There is no right of withdrawal, as it is a shop purchase. But when the sofa arrives 6 weeks late, there is a delay. Anders can assert his remedies for breach, for example demanding delivery or compensation. The shop offers a DKK 1,000 discount, and Anders accepts.

Example 3: An online course withdrawn before the deadline

Lotte signs up for an online course for DKK 4,000 via a website. The course starts in two weeks. Lotte withdraws within the 14 days. As she has not accepted that the course starts before the deadline expires, she can exercise the right of withdrawal and demand her money back. Had she instead asked to start the course immediately and expressly accepted that the right of withdrawal thereby lapses, she would not have been able to withdraw for the part used.

Trading with businesses vs. private individuals

Your consumer rights apply when you buy from a business. If you buy from a private individual (for example via a marketplace), the rules apply differently:

• No right of withdrawal on a private purchase
• Liability can be limited: a private seller can to a greater extent limit their liability
• "As seen" clauses are valid to a far greater extent
• You have a responsibility to examine the item thoroughly yourself

Right of withdrawal vs. right to complain vs. right of return: when do you use which?

Situation	Relevant right	Deadline	Requirement
Withdrawing from an online purchase without a reason	Right of withdrawal	14 days	Only for distance sales
The item has a defect	Right to complain	2 years	There must be a defect
Want to exchange for another size	Right of return (voluntary)	The shop's policy	No statutory right
Item damaged on delivery	Right to complain	Within a reasonable time	Documentation of the damage
A service performed incorrectly	Right to complain	Within a reasonable time	A specific defect

A business's trading terms

If you run a webshop or sell goods to consumers, your trading terms must reflect consumers' statutory rights. You cannot contract out of rules that are mandatory in favour of the consumer.

Good trading terms should, among other things, inform about:

• The right of withdrawal (14 days) and the process for using it
• The right to complain (at least 2 years)
• Complaint options
• Delivery terms and delivery times

With LegalDock's trading-terms template you can ensure that your webshop complies with the applicable law.

Frequently asked questions about the right of withdrawal and complaints

Can I withdraw from a purchase made in a physical shop?

No, the right of withdrawal applies only to distance sales (online, phone, post) and contracts concluded off business premises. In a shop you are bound by your purchase, unless the shop voluntarily offers a right of return. But you always have the right to complain if the item turns out to have a fault or defect.

What do I do if the seller refuses to recognise a defect within the 2 years?

Document the defect thoroughly with photos and a written description. Complaining to the Consumer Complaints Board or a relevant industry board is the next step. The Consumer Complaints Board handles disputes within certain value limits (check the current limits) and can decide the case.

The withdrawal period has expired, what can I do?

If you have missed the 14-day right of withdrawal, but the item turns out to have a defect, you can still complain within 2 years. The right of withdrawal and the right to complain are two separate rights. A defect is still covered by the right to complain if it can be documented as an original defect.

Am I entitled to a replacement, or can the seller insist on a repair?

As a rule, it is you who chooses between repair and replacement. The seller can, however, refuse the chosen remedy if it is impossible or disproportionately expensive compared with the other. If the repair fails (for example after two attempts), you can demand a replacement, a proportional reduction or cancel the purchase, if the defect is not minor.

Summary

The three consumer rights:

• Right of withdrawal (14 days): only for distance and doorstep sales, withdraw without a reason
• Right to complain (2 years): always for defects, demand repair, replacement, a price reduction or your money back
• Right of return: a voluntary service from the seller, not statutory

If you know the difference between these three concepts, you are in a much stronger position as a consumer, and you know exactly what you can claim.