Saphe, which makes millions selling traffic alarms to Danes, is now correcting itself. The Consumer Ombudsman believes the company is violating the law.
Saphe, which develops and sells traffic alarms, has changed its terms of agreement following criticism from the Consumer Ombudsman. The criticism was directed at a term that gave Saphe the opportunity to change agreements with consumers without notice and without their consent.
The Consumer Ombudsman found this condition to be unreasonable and contrary to the law. Saphe therefore removed the condition on May 25, 2024.
The problem arose because Saphe's terms of agreement contained a wording that gave the company the right to change the terms "at any time without notice." This applied during the period from April 13, 2021 to May 25, 2024.
The Consumer Ombudsman believed that this was unreasonable, as Saphe could thus make changes without informing customers or giving them the opportunity to reject the changes.
Saphe has acknowledged the problem and has subsequently changed its terms. The company has stated that they now wish to introduce a new amended term that complies with applicable law.
The case started with a complaint from a Saphe customer. The Consumer Ombudsman then contacted Saphe in early May 2024.
"If a company wants to change its agreements with consumers, it basically requires the express acceptance of each individual customer," says Consumer Ombudsman Torben Jensen.
"Unilateral changes to the agreement can only be made if the company has a clear and unambiguous authority to do so, and if this authority specifies the circumstances that allow the company to make specific changes."
"Customers must also be notified and be informed of what the change entails, and the customer must have the opportunity to withdraw from the agreement if they do not want to accept the change," he adds.
The Consumer Ombudsman believes that Saphe has violated both the Contracts Act and the Marketing Act by having a term that gave them the opportunity to change customers' agreements without notice.
