The Consumer Sales Act – what the law means for you as a consumer

The Consumer Sales Act gives you the right to complain about defects you discover in the product within the first three years after purchase.

You complain to the company you bought the product from.

Complain to the business within two months of discovering the fault. You may lose your right to claim anything from the business if you wait longer.

Complain against a defective product

An original defect is a defect that was already present when you received the product. However, the fault does not have to appear immediately. It can still be considered an original fault even if it shows up later.

A product does not have to be broken to be considered faulty. It can also be regarded as defective in the following cases:

• You were given incorrect information at the time of purchase.
• The product differs in some way from what you and the business agreed.
• You have not received sufficient instructions to install, assemble and use the product correctly.

When you discover a fault in a product, you have the right to demand that it is corrected. The business can, for example, repair the product or give you a new one. The fault must be corrected at no cost to you.

You can suggest the solution you prefer. However, if the business can show that providing a new product would be unreasonably expensive compared to repairing it, they usually have the right to make the repair.

Can the company not correct the error within a reasonable time? Or is the defect significant and serious? Then you may be entitled to a price reduction that reflects the fault. ou may also have the right to cancel the purchase. Cancelling the purchase means the business takes back the product and you get your money back.

If the business can show that the fault is minor, you do not have the right to cancel the purchase.

Complain against a defective product

The company is responsible for faults or malfunction that existed in the goods when they were purchased or delivered to you, in other words, original defects.

According to the Consumer Sales Act, all defects discovered within the first two years are automatically considered original. During this time, it is enough for you to show that there is a defect. You do not need to prove what caused it. During this period, the company must prove that it is a defect they are not responsible for.

After two years, you have the burden of proof

After two years, you need to prove that the fault is original if the business disagrees with you. Sometimes you may need to contact an expert in the industry for help with troubleshooting or to get a statement showing that the defect is original.

If the company does not deliver an product you ordered within the promised time, the company is in delay. If no delivery time has been given, the product is considered late after more than 30 days. In the event of a delay, you can first demand that the product be delivered.

You have the right to wait with payment until you have received the product.

In some cases, you may have the right to cancel the purchase, for example if you ordered a wedding dress that cannot be delivered before the wedding.

Your rights in the event of late delivery

Liability during transport

The company is responsible for the product until you have received it. If the product is damaged when you receive it, or if part of the order is missing, you should contact the company with your complaint.

If you have booked the transport yourself, the risk for the product transfers to you when the company hands over the product to the shipping company.

You have the right to claim compensation for costs you incur because of a faulty product or a delayed delivery. For example, this could be compensation for an extra visit to the company, or if you had to take time off work.

Your claim for compensation must be reasonable. You must be able to prove the damage you have suffered, for example with receipts.

The Consumer Sales Act is a mandatory law. Companies are not allowed to give you fewer rights than what the law states.

It does not matter if the company, for example, has written in your purchase contract or in the terms of purchase that you only have a two-year right to complain, because according to the law, you have three years to complain.

However, companies are of course allowed to give you even better conditions than what the law states.

What are digital services and digital content?

A digital service is a service that allows you to, for example, generate, process or store data in digital form. For it to be a digital service, the service itself must be digital.

Digital content means something that can be accessed in digital form. For example, it might be computer software, apps, games or music in digital form. It would also be word processing data, cloud storage and web-based e-mail.

One-time access purchase or continuous access

A contract can cover either a one-time purchase or continuous access to digital content or service. For example, a one-off purchase might be downloading an audiobook; but if you receive a link to a new e-book every month, this would be considered continuous access.

“Pay” with your personal data

The Consumer Sales Act also applies to contracts where one “pays” by allowing access to their personal data. This could be for example when you agree that your information about you and your website visits can be used by the company for marketing purposes. It also means that the company is obligated to provide or develop a digital content or service for you.

If the personal data is required for the company to be able to provide the digital content or service to you and it is not used for any other purpose, it is not considered as a means of payment.

What can you demand from the company in the event of a problem or interruption of access to the service or the digital content?

Any problems that become apparent within one year from the date you received access to the digital content or service are considered to be a faulty product for which the company is responsible. If the contract is for continuous provision, the company is responsible for failures throughout the entire duration of the contract.

Exclusions from the company’s liability

If the problem is due to, for example, a malfunction in your hardware, software or network connection, the company has no legal responsibility for the situation. In order to assess whether your equipment is the cause of the problem, you may need to assist the company in troubleshooting.

Before the contract is signed, the company must provide you with clear information about these technical requirements and the consequences of your failure to work together with them.

If you and the company cannot reach an agreement, you can file a complaint with the Swedish National Board for Consumer Disputes (ARN).

ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.

A normal processing time is approximately six months.

What does it cost to file a complaint with ARN?

It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favour.

Requirements for the National Board for Consumer Disputes to be able to review your case

• The company has either rejected your claims or has not responded within a reasonable time.
• The amount you and the company are in dispute about is more then ARN's value limitations (different value thresholds apply for different fields).
• You file the complaint within one year from the first time you complained to the company.

File a complaint on ARN’s website

Do you need assistance with your complaint?

The municipality’s consumer adviser may be able to assist you in submitting a complaint to ARN.

Take the dispute to court

You can also take your dispute with the company to court. You need to pay an application fee and may also need to cover the costs of the trial.