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Information about distance contracts - rules for companies
Informationskrav vid distansavtal - regler för företag - Engelska
The Act on Distance Contracts and Off-Premises Contracts (SFS 2005:59) applies whenever your company sells goods or services remotely. For example, when you sell goods or services via the internet, telesales or outside your company’s place of business. The act requires your company to provide the consumer with certain information before entering into a contract. It also gives the consumer the right to withdraw from the contract without giving any reason for doing so.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Keep in mind
As a general rule, the consumer has the right to withdraw within 14 days of delivery if the sale was made remotely or outside your place of business.
Your company has an obligation to inform the consumer about their right of withdrawal. If you fail to do so, they may be entitled to withdraw at anytime up to 12 months after the original deadline expires.
The right of withdrawal does not apply to, for example, flight tickets, hotel accommodation, food and single issues of newspapers and magazines.
The Act on Distance Contracts and Off-Premises Contracts (SFS 2005:59) applies whenever your company sells goods or services remotely. For example, when you sell goods or services via the internet, telesales or outside your company’s place of business. The term place of business refers to any establishment from which your company conducts business whether permanent, seasonal or mobile.
Door-to-door sales and street vending are examples of contracts entered into outside places of business. The act requires your company to provide the consumer with certain information before entering into a contract. It also gives the consumer the right to withdraw from the contract without giving any reason for doing so.
Before entering into a distance contract, your company must provide clear and comprehensible information in a manner adapted to the sales method. This implies that the information must be given in a manner that the consumer will normally not have any difficulty finding or understanding. When selling over the telephone, the company may provide information orally. (Chapter 2 - 2 § and 3 § and Chapter 3 - 3 § of the Act on Distance Contracts and Off-Premises Contracts).
A judgement by the Court of Justice of the European Union (C-536/20) has established that there is nothing to preclude the information from being provided in the general terms and conditions that the consumer actively accepts by ticking the box provided for that purpose, provided that the information is brought to the consumer’s attention in a clear and comprehensible manner.
If your company enters into a contract outside the company’s place of business, the information must be provided on paper, unless the consumer agrees to receive the information in some other readable form that the consumer can save, such as an email (Chapter 2 - 5 § of the Act on Distance Contracts and Off-Premises Contracts).
The company must provide:
its contact details
price and payment terms, including all taxes and charges
terms and conditions for delivery
terms and conditions for terminating the contract
terms and conditions for withdrawal
right of return the goods.
You can learn more about the information that must be supplied in 2 § of Chapter 2 and 3 § of Chapter 3 of the Act on Distance Contracts and Off-Premises Contracts.
You are also required to provide the consumer with confirmation of purchase for both distance contracts and off-premises contracts. Confirmation must be in a readable form that the consumer can save. (Chapter 2 - 4 § and Chapter 2 - 5 § of the Act on Distance Contracts and Off-Premises Contracts).
Your company is responsible for informing the consumer of their right of withdrawal before the consumer enters into a contract. This information must be clear and contain everything the consumer needs to know in order to exercise their right of withdrawal. If the contract relates to goods or non-financial services, your company must supply the following information before the withdrawal period can begin:
Whether the right of withdrawal applies or if the contract is exempted for some reason
When the withdrawal period begins and the deadline for doing so
How the consumer can withdraw from the contract
That a withdrawal form is available and where the consumer can find it (Chapter 2 - 2 § of the Act on Distance Contracts and Off-Premises Contracts).
If your company fails to inform the consumer about their right of withdrawal, they are entitled to withdraw from the contract at anytime up to 12 months after the original deadline expires (Chapter 2 - 12 § of the Act on Distance Contracts and Off-Premises Contracts).
As a general rule, the consumer has the right to withdraw from the contract within 14 days of delivery if the sale was made remotely or outside your place of business. The consumer does not need to give any reason for withdrawing (Chapter 2 - 10 § and Chapter 3 - 7 § of the Act on Distance Contracts and Off-Premises Contracts). If the consumer wishes to exercise their right of withdrawal, they can contact the company in writing or by telephone. In a previous judgement, the Patent and Market Court has ruled that terms and conditions requiring the use of a specific form to exercise the right of withdrawal are unreasonable (Case No. PMT 16885-16).
The withdrawal period begins from the date on which the consumer takes delivery of the goods. For services, the withdrawal period begins on the date the contract is entered into (Chapter 2 - 12 § of the Act on Distance Contracts and Off-Premises Contracts). When purchasing financial services (insurance, for example) the withdrawal period begins at the earliest from the date on which the consumer receives information and terms and conditions (Chapter 3 - 8 § of the Act on Distance Contracts and Off-Premises Contracts).
The actual date of delivery is not counted when calculating the withdrawal period. This means that the withdrawal period begins on the next day. If the deadline for withdrawal falls on a Saturday, Sunday or public holiday, the deadline is extended until the next working day.
There are exceptions to the right of withdrawal. Here are a few examples:
Travel and accommodation, such as flight and hotel bookings.
Perishables such as food.
Leisure activities that take place on a specific date or during a limited period, such as cultural events and football matches. However, tickets to leisure activities are not exempted from the right of withdrawal if your company has purchased them from the arranger or someone else to be sold on to consumers.
Single issues of a newspaper or magazine.
Goods manufactured to the consumer’s specifications or that are clearly personal in nature, such as family photographs.
You can find all exceptions in 1 a § and 11 § of Chapter 2 the Act on Distance Contracts and Off-Premises Contracts.
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