The e-mark guidelines

Information on the company
On the web shop the trader must, as a minimum, provide easily accessible and continuous access to information on the company name (name is to be understood as the registered name of personally owned businesses as well as the full name(s) of the liable owner(s) and the time of establishment of the business).

Why?
It is important to us in the e-commerce foundation, that you know, who you are dealing with. Time of establishment as well as the registered name of the owner or the owners of the web shop is important in assuring you that the web shop is not a scam. This is why we demand of all e-marked shops that these pieces of information are available on their websites.

New paragraph! Information on customer service
All e-marked web shops must have a customer service section, referencing the e-commerce foundations consumer hotline. Furthermore it must state when the web shop can be contacted by phone and what the response time on e-mails is.
In case the web shop cannot be contacted by phone, this must appear in the customer service section.

Why?
It is important to us in the e-commerce foundation, that customer service plays a pivotal role for all e-marked businesses, both now and in the future. This is why all e-marked web shops are required to inform you of the level of service you can expect from them. At the same time, it is important that you have easy access to the e-commerce foundations Consumer Hotline, in case you need help or advice.

New paragraph! Signing up for newsletters
When signing up for a newsletter it must, as a minimum, appear how frequently it is being published, what it contains and that your e-mail-address is not passed on to a third party. This information must be given in the same place you sign up, e.g. via link or pop-up.

This information may not be mixed in with any other text.

Why?
It is important to us in the e-commerce foundation, that you are informed of the specifics of what you are signing up for, when you actively accept subscriptions to newsletters on e-marked web shops. This way ensures that you only receive newsletters and other material in which you are actually interested in.

New paragraph! Easy revoking of acceptance
The trader must, as a minimum, ensure that any acceptance given can be revoked via the forwarded electronic ad. The link in the ad must link directly to the place on the website where revoking is possible.

Why?
It is important to us in the e-commerce foundation, that revoking any acceptance you might have given, e.g. when signing up for newsletters, is possible. This provides security and safety that you will not be receiving any material in which you are not interested. This also saves you the trouble of any long and tedious procedures when trying to get off a web shop mailing list.

Competitions
A company may not hold a competition in which participation requires subscription to an e-newsletter.

Why?
The e-commerce Foundation does not wish to be associated with SPAM. This guarantees that permission obtained from consumers to receive e-newsletters is motivated by personal interest rather than the opportunity to win a prize. It also encourages businesses to maintain good marketing practices and to follow guidelines established by the Consumer Ombudsman.

Active acceptance of all terms and conditions
When entering an online purchase agreement, the customer must first actively accept all terms and conditions of the sale, and the acceptance must be clearly given. The customer must also have the opportunity to view all of the conditions of the sale online prior to purchase. Customer acceptance of terms and conditions may be given by marking "accept" in a tick-off box next to a link to the terms and conditions.

Why?
Acceptance is an important function of the purchase agreement process. By demonstrating customer accept of the terms and conditions, the net merchant is better able to prove that the customer understood the terms and conditions of the sale. This protects both the customer and the net merchant.

New Paragraph! Payment
Payment in advance using account transferring, cheque, giro form etc. is allowed, as long as payment with credit cards is possible as well, and as long as it, both in the terms and conditions and where the customer selects payment method, clearly appears that any customer paying in advance is not protected by "Indsigelselsordningen"(an arrangement that protects customers in case the purchased goods or services is not delivered or in case money is unrightfully withdrawn from the customer's account).

This can be complied with by writing next to the different payment methods that the consumer is not protected by "Indsigelsesordningen" and link to a site where the arrangement is more thoroughly explained. A warning sign must be placed next to the account transferring option, and it must appear to be a secondary payment method.

Why?
It is important to stress, that we in the e-commerce foundation still recommend using credit cards when paying, to ensure that you are protected by "Indsigelsesordningen".

Going forward, it is important to us, that e-marked web shops can offer you alternative methods of payment such as account transferring, as long as it appears as a secondary payment form and as long as you are clearly informed of the implications this might have on consumer protection.

Duty of disclosure to kids and juveniles (persons under the age of 18)
In case contracts can be entered into on the traders web shop, the trader must inform, that these contracts can only be entered into by the parents, or anyone else who can legally act on behalf of the child or juvenile.

Why?
An increasing focus on the internet habits of children and juveniles, shows an inability to comprehend the consequences of a given action. This demand makes it very clear who can and who cannot enter into contracts on the internet.

It must be possible to annul Illegal contracts entered into by kids and juveniles
The trader must organize his business in a way that makes it possible for parents or anyone else who can legally act on behalf of children and juveniles, to easily and cost free annul any contract entered into by a child or a juvenile.

Why?
It is important to us in the e-commerce foundation that your children can safely use e-marked web shops without you having to worry, that they will do something for which you can be held accountable. If it were to happen that an illegal contract, between your child and an e-marked shop, was formed, it can be annulled easily and quickly.

Parents must give their consent, if children and juveniles are asked for personal information
The trader is forbidden, from asking children and juveniles to give up personal information about themselves or others, unless the trader via an appropriate action ensures, that the information is given with the consent from the parents or anyone else who can legally give up information on behalf of the child or juvenile.

Why?
It is important to us in the e-commerce foundation, that your children can safely use e-marked web shops. One way of ensuring this, is to protect their personal information and ensure that children and juveniles are not encouraged to give up such information.

The anonymity of children and juveniles must be guaranteed
Provided that children and juveniles are given the opportunity to participate in games, chat and other online or offline activities, in which the child or juvenile is in contact with others, the trader must call upon the use of usernames that ensure anonymity.

Why?
It is important for us in the e-commerce foundation, that your children can safely use e-marked web shops. One way of ensuring this, is to protect their personal information and thereby their identity.

Order confirmation
The order confirmation received by the customer must be sent via e-mail and contain information concerning the right to cancel and complain. According to the law, the customer may receive this information at the same time as the delivery of the goods or services.

Why?
This regulation protects both the customer and the net merchant. If the order confirmation lists all purchases, as well as the terms and conditions of sale, and if the net merchant has a log file of the e-mails sent, it is presumed that the net merchant can prove that the customer has actively accepted the terms and conditions of the sale. If the requirements of this regulation are not fulfilled by the net merchant, the customer has the right to return for up to three months. 

The order confirmation also enables the customer to see what options are available if he or she wishes to cancel the purchase or complain. This also demonstrates the legitimacy of the transaction.

New paragraph! Adhering to the stated delivery time
The trader must execute and order with minimum delay, and adhere to the delivery times stated on the web shop. Unless otherwise agreed upon, digital services delivered electronically must be delivered forthwith.

Why?
It is important to us in the e-commerce foundation, that you as a consumer know when to expect the delivery of your order. That is why we ask of e-marked web shops, that they do what should be a natural thing to everyone and adhere to the stated delivery times.

Complaints
Information must be given concerning service after a sale. This includes the right of a customer to lodge a complaint for up to two years after purchase as stipulated by the Danish purchase law (the purchase law does not in and of itself contain a requirement to inform).

Why?
This ensures that the customer knows his or her rights according to the law. It also ensures that guarantees issued by net merchants satisfy the minimum legal requirement.

New paragraph! Sending mails to customers who complain
The trader is obliged to send an e-mail to consumers, when they receive any goods they might return. Information on the following process, with regards to the handling of the complaint, must be stated in that mail.

Why?
It is important for us in the e-commerce foundation, that you as a consumer know that the items you have returned have been received by the web shop, and that you are informed of what happens from here on out

Adhere to complaint board rulings
Rulings by the Danish Competition and Consumer Authority's complaint board, along with any other complaint boards approved by the Ministry of Economic and Business Affairs, must be adhered to by the trader, or be brought before a court of law within a timeframe, established by the e-commerce foundation.

Why?
It is important to us in the e-commerce foundation that e-marked web shops actively relate to complaints. Sometimes, the only right thing to do is to allow an unbiased third party, e.g. the Danish Competition and Consumer Authority's complaint board, to settle the matter. The trader might disagree with a ruling and bring the case before a court of law. That is absolutely ok, as long as the trader actively brings forth the case.