e-mærket membership terms

e-handelsfonden’s certification scheme, (in the following referred to as e-mærket), is governed by the terms and conditions below.
The terms and conditions apply from the time of registration, and on registration the trader shall declare commitment to compliance with the terms and conditions set out in the agreement, and compliance with the e-mærket guidelines from the time of certification.

1 Entry into force and binding period

Membership will come into force when e-mærket receives the trader’s registration. Membership will run for twelve months, and will be automatically renewed for twelve months at a time. It will continue until it is terminated in accordance with the rules set out in Clause 7 on withdrawal and termination.

A copy of the order confirmation can be obtained by sending an e-mail to post@emaerket.dk.

 

2 Payment for membership

Membership of e-mærket may be paid for on a monthly or an annual basis.

The payment terms may only be changed from monthly to annually, or the reverse, by giving 30 days’ notice before the transition to a new membership period, to enter into force at the transition to the new membership period.

If monthly payments are chosen, it is assumed that payments will be made with a bank card. Payments must be made either with a VISA or a MasterCard, and no charge is made for payment.

If annual payment is chosen, members can choose to pay with a bank card. Payments must be made either with a VISA or a MasterCard, and no charge is made for payment. The amount will be drawn immediately. Alternatively, members may choose to pay with an FIK card (Fælles Indbetalingskort, a joint card for all banks).

Ordinary bank transfers are not possible.

If payment is delayed (an FIK transfer), then 14 days net from the invoice date, interest at the official bank rate plus 1.5% will be added for each month or part of a month after the due date.

 

Monthly payment by bank card

By registering for monthly payments, the trader accepts that the membership subscription will automatically be drawn every month, until notice is given to terminate membership, or e-mærket membership ceases, whatever the reason.

If the attached bank card expires or is about to expire, or if the member wishes to make changes in the payment card used for the agreement, the new bank card details can be added under ‘Min konto’ (My Account) on the e-mærket members’ portal.

The trader can at any time withdraw permission for e-mærket to make periodic automatic withdrawals of the membership subscription payment. If the trader has not given notice to terminate the agreement in due time according to Clause 7, or if valid card details have not been entered on registration or when the card details are changed, then e-mærket will collect the full balance with a time limit of 14 days.

 

Annual payment by bank card

By registering for annual payments, the trader accepts that e-mærket may draw the membership subscription immediately, and that the subscription may be drawn automatically once a year, until notice is given to terminate membership, or e-mærket membership ceases, whatever the reason.

If the attached bank card expires or is about to expire, or if the member wishes to make changes in the payment card used for the agreement, the new bank card details can be added under ‘Min konto’ (My Account) on the e-mærket members’ portal.

The trader can at any time withdraw permission for e-mærket to make periodic automatic withdrawals of the membership subscription payment. If the trader has not given notice to terminate the agreement in due time according to Clause 7, then e-mærket will collect the full balance with a time limit of 14 days.

 

3 Use of e-mærket

After certification, e-mærket and the associated certificate stating that the online shop is certified according to the e-mærket guidelines may only be shown on the online shop (URL) mentioned in the registration. The trader is entitled to make use of e-mærket and the accompanying marketing package in marketing the online shop; see the e-mærket manual for details.

If e-mærket is found on an online shop before the certification process is finally implemented, this will be regarded as unauthorised use, and is punishable by day fines of DKK 1,000.

If the trader owns other online shops (URLs) besides the certified online shops (URLs), use of e-mærket on the other online shops will be regarded as unauthorised use, and is punishable by day fines of DKK 1,000 per online shop (URL).

Similarly, unauthorised use of e-mærket may be countered with a restrictive injunction without provision of security.

 

4 e-mærket’s rights, obligations and responsibilities

e-mærket is committed to administering the certification scheme in accordance with the guidelines, and based on current law, which means ensuring that the guidelines are followed by the traders who are certified.

e-mærket is committed to making regular inspections of all certified online shops, and is entitled to make spot checks, without warning, on all certified online shops.

e-mærket assumes no responsibility, either to the trader or to third parties, for the trader’s compliance with the guidelines and/or current legislation.

 

5 The trader’s obligations

The trader is obligated:

To comply with the terms and conditions set out in this agreement, and from the time of certification to observe the e-mærket guidelines current at any time. Reasonable notice will be given when changes are made in the guidelines.

To inform e-mærket of any changes in the trader’s business or on the online shop, if they are related to the e-mærket guidelines.

To adapt the online shop in accordance with e-mærket’s instructions.

To allow e-mærket to make test purchases without cost in connection with the certification process, and to allow spot checks and regular inspections of the certified online shop (URL).

To remove e-mærket temporarily from the online shop if the changes indicated by e-mærket are not implemented within the time limit set by e-mærket.

 

6 Confidentiality

e-mærket is obligated to treat as confidential any documents, technical data and other information which the trader may pass on to e-mærket before or after becoming a member. e-mærket will take all necessary steps to keep such information confidential in connection with joining e-mærket, and similarly, e-mærket places its employees under the above-mentioned duty of confidentiality.

 

7 Withdrawal and termination

The trader is entitled to withdraw from e-mærket by notifying e-mærket in writing at udmeldelse@emaerket.dk, giving a month’s notice, to end at the end of a membership period. Notice of withdrawal is only valid if sent to this e-mail address, and is not registered by e-mærket until the trader has received a written reply. Withdrawal does not entitle the trader to a refund of the membership subscription, wholly or in part, regardless of the timing of the withdrawal.

The trader is not considered to have withdrawn if the trader has closed the business, regardless of the reason for doing so, or if the trader sells the online shop.

In the event of essential breach of the agreement, including failure to comply with e-mærket’s guidelines after certification, e-mærket is entitled, without notice and while maintaining the demand, to cancel membership, with the effect that the trader is no longer a member of e-mærket. At the same time, the trader will immediately be denied access to use e-mærket, the associated certificate site and the marketing package.

After membership has ceased – regardless of the reason – the trader is obligated to end all use of e-mærket. Unauthorised use of e-mærket may be countered with a restrictive injunction without provision of security.

 

8 Compensation

It has been agreed between e-mærket and the trader that e-mærket cannot be held liable for compensation as a result of actions or omissions or the like in connection with e-mærket’s decisions made according to the conditions for membership, guidelines, protection of buyers or applicable law.

 

9 Assignment

The trader is not entitled to assign or sell his/her membership or the associated certificate of the online shop to third parties.

 

10 Venue and applicable law

The terms and conditions of membership are subject to Danish law. Any disputes between the parties which do not concern decisions made by e-mærket in pursuance of the guidelines or e-mærket’s protection of buyers shall be brought before the Maritime and Commercial Court in Copenhagen, or if outside the jurisdiction of the Maritime and Commercial Court, the City Court of Copenhagen.

 

11 Personal data

When you enter into an agreement with us at emaerket.dk we need the following information:

  • The URL of the online shop
  • CVR no.
  • Number of employees
  • The company’s legal name
  • Its corporate form (if it is a personally owned company, the name of the owner)
  • Address
  • Postcode and town
  • Tel. no.
  • e-mail address for invoicing
  • Year of establishment
  • Name of the contact person
  • Contact person’s e-mail address
  • Contact person’s tel. no. (direct or mobile)

We register this information for the purposes of processing your registration and certification. The information is registered by e-handelsfonden, and is stored while regular customer relations continue. When collaboration ceases, the information will be stored for a further five years in accordance with the rules of the Danish Bookkeeping Act.

When information is collected through our website, we ensure that it is always collected with your express consent, so that you are informed about precisely what information is collected and why.

In addition, we work with a number of other companies who store and process data. These companies process the data exclusively on our behalf, and must not use them for their own purposes.

We work only with processors of data in the EU or in countries where your data will be given adequate protection.

The data controller is e-handelsfonden.

You are entitled to be told what details about you we process. If you believe the details are inaccurate, you are entitled to have them corrected. In some cases we are obliged to delete your personal data if you ask us to do so. This could, for instance be when your data are no longer needed for the purpose we used them for. You can also contact us if you believe that your personal data are being processed in a way that is against the law. You can also write to us at: post@maerket.dk

 

The terms for membership were last revised in the second quarter of 2018.