Know your rights

Large appliances with misleading energy labelling
If, for example, you bought a washing machine and later found out that the seller supplied incorrect information about the machine’s energy efficiency, then this is classified as a defect; but clearly this type of defect cannot be repaired.

The seller would then be required to exchange the machine for the one promised. However, if this is not possible because a machine with the promised energy label does not exist, you can either cancel the purchase or demand your money back if you return the washing machine.

You should note, however, that this is only possible if you chose the appliance specifically on the basis of its energy labelling, and if there is a significant difference between the actual energy consumption and the consumption promised.

You also have the right to demand a reduction in price if you would prefer.

Example: AutoPowerOff does not function.
You have bought a non-functioning AutoPowerOff plug bank. This is classed as a defect, and you can therefore require the seller to exchange it for a new one. If this is not possible you are entitled to cancel the purchase and obtain a refund if you return the old one. But only where there is a major defect, i.e. if there is a significant difference between the actual product and what was expected.

You can also demand a reduction in the price if you prefer this option.

You can demand 1 of the following:

• The goods should be repaired, free of charge, if the fault can be repaired.
• The goods should be exchanged for another identical product which is defect free or which has the features promised.

If exchange or repair is not possible
The seller can refuse to exchange the goods if it is not possible, or if it would cost him too much, to repair the machine or to make a reduction in price.

If the seller does not exchange or repair the goods within a reasonable time, you can demand 1 of the following:

• to return the goods to the seller and get your money back
• to get a reduction in price.

What is a ‘defect’?
If a product has a fault that was present when you purchased the goods, this is classified as a defect. Normally, the general rule is that all faults which show up in the first 6 months after purchase are considered to have been present at the time of purchase.

This could, for example, be a manufacturing or a material fault. But the fault can also be classed as a defect if a seller or producer has given incorrect or misleading information about the goods. Conversely it is not a defect if a bra strap, for example, comes adrift during the wash and wrecks the washing machine’s drum.

It is a defect if the seller states or advertises that a washing machine is A-rated, or if this is displayed on the washing machine, when it later turns out not to be the case.

5 things every consumer should remember

1. Keep the invoice or receipt.
2. The quicker you complain, the easier it is to prove that there is a defect.
3. In Denmark, you have 2 years in which to claim. During this period the seller is obliged to deal with your claim.
4. During the first 6 month period after purchase, the onus is on the seller to prove that the fault was not present when you bought the goods. After the first 6 months has elapsed, you have to prove the point yourself.
5. If the seller rejects your claim you can complain to the Consumer Complaints Board.
6. Read more about the National Consumer Agency.