Laws related to consumer rights

Complaints

As a business owner, you are responsible for original defects in the product for at least three years from the time of purchase. Consumers must file a complaint within a reasonable time. Two months from the time the defect was discovered is always considered a reasonable time.

Warranty

If you have provided a warranty for the product, the consumer has the right to claim what follows from the warranty terms. Unlike the right to complain, a warranty is voluntary to offer. A warranty can supplement statutory consumer protection but do not replace it.

Right of withdrawal, open purchase and right of exchange

If you sell something remotely, for example via a webshop or telephone sales, the buyer has the right to cancel their purchase within 14 days.

The right of withdrawal does not apply to goods sold in a physical store. As a business owner, you can in that case decide for yourself whether you want to offer open purchase or right of exchange. You also decide which rules apply if you offer open purchase or right of exchange in your store.

The right of withdrawal is stated in the law. Open purchase and right of exchange are decided by the companies themselves.

The Consumer Sales Act at the Swedish Consumer Agency

Complaints

If a consumer has ordered a service from you and you have performed the service incorrectly, they have the right to complain about it. This means that they have the right to complain about the work performed. The consumer can complain about a service within three years after the work has been completed. If it concerns work on land, buildings or other fixed objects, the consumer has the right to complain about errors that are discovered within ten years.

If there is an error in the service, the consumer has the right to withhold part of the payment, demand that the error be corrected, receive a discount on the price or cancel the purchase. If the error has caused damage, the consumer is entitled to compensation.

Warranty

If you have provided a warranty for the service, the consumer has the right to claim what follows from the warranty terms. Unlike the right to complain, a warranty is voluntary to offer. A warranty can supplement statutory consumer protection but do not replace it.

Cancellation

If the consumer cancels the service before it has been completed, you are entitled to compensation for the part of the work that has already been performed. You are also entitled to compensation for lost income if you have not been able to take on other work.

The Consumer Services Act at the Swedish Consumer Agency

If you are going to sell goods or services to consumers remotely, you must comply with the Distance Contract and Off-Premises Contracts Act (SFS 2005:59), DAL. The law requires companies to provide the consumer with certain information before a contract is concluded.

Information you as a seller must provide before a contract is concluded:

• Your name, address, e-mail address, telephone number and business registration number.
• The main characteristics of the goods/service.
• The price of the goods/service (including taxes and fees).
• Delivery terms.
• Payment terms.
• Conditions for the right of withdrawal, the withdrawal period and how the right of withdrawal is exercised.
• What the law says about complaints.

Complaints

You as an entrepreneur are responsible for original defects in the goods for at least three years from the time of purchase. Consumers must complain within a reasonable time. Two months from the discovery of the defect is always considered a reasonable time.

Right of withdrawal

The Act on Distance and Off-Premises Contracts also gives the consumer the right to cancel their purchase without reason. The basic rule is a 14-day right of withdrawal, but there are goods and services that are not covered by the right of withdrawal. For example, travel and accommodation, goods that can deteriorate quickly and goods that have been specially manufactured according to the consumer's wishes.

Sales outside Sweden

If your company sells something remotely within the EU, the consumer also has a 14-day right of withdrawal as a basic rule.

If your company sells something remotely to a country outside the EU, you need to check what applies in the specific countries where the company operates.

The Act on Distance Contracts and Off-Premises Contracts at the Swedish Consumer Agency

The E-Commerce Act sets requirements for what your company must inform the consumer about and what technical aids must be available when the consumer places an order.

Requirements for the seller when placing an order

The E-Commerce Act sets the following requirements for the seller when placing an order:

• The seller must have technical aids that enable the customer to detect and correct input errors before placing an order. The seller must also inform about the aids and the steps the customer must go through to place an order.
• It must be clearly stated in which languages ​​the customer can place his order.
• The customer must receive an order confirmation by e-mail without delay.
• The terms and conditions relating to orders must be available so that the customer can save them.

The e-Commerce Directive at the European Commission

About the Consumer Ombudsman at the Swedish Consumer Agency website (in Swedish)

The terms of contracts that businesses use for consumers must be fair. Fair means that the terms comply with the laws and regulations that exist and that they do not benefit the business at the expense of the consumer.

The law does not apply if you and the consumer have jointly determined the terms of the contract, that is, the consumer has had the opportunity to influence the terms themselves.

Contract terms must not

• conflict with mandatory consumer protection legislation. For example, you must not have terms that give the consumer fewer rights than the law allows.
• lead to a significant disadvantage for the consumer. There must be a fair balance between your rights and the consumer's rights. For example, you must not have a condition that only you can terminate the contract.
• be misleading or unclearly worded. The consumer must be able to foresee the consequences of the terms.

The Consumer Contracts Act at the Swedish Consumer Agency (in Swedish)

The “grey list”

An annex to the EC Directive on unfair contract terms contains what is known as the “grey list”. It contains contract terms that can be considered unfair.

The directive 93/12/EEC on unfair terms at EUR-Lex