The Consumer Sales Act - for companies

Rules in the Consumer Sales Act

• About the act in general

  The Consumer Sales Act applies whenever your company sells goods to a consumer. The act is binding.

  It is prohibited for your company to offer consumers rights that are inferior to the provisions of the Consumer Sales Act whether in marketing materials or terms and conditions. For example, your company is not permitted to add terms and conditions that reduce the right to complain from three to two years.

  More about when marketing breaks the law here on our website (in Swedish)

  More about when terms and conditions break the law here on our website (in Swedish)

  The Consumer Sales Act applies to all goods, including:

  • cars, foodstuffs, electronics, clothing or animals
  • second-hand goods you sell to a consumer (Chapter 1 - 3 § of the Consumer Sales Act)
  • goods you sell at a discount
  • digital content and digital services, such as eBooks and streaming services
  • orders for goods to be manufactured (Chapter 1 - 3, 5 and 6 § of the Consumer Sales Act).

  The act also contains provisions regulating late deliveries, defects, prices and cancellation.

  The Consumer Sales Act in full on the Riksdag’s website (in Swedish)

• Defects to goods or digital content

  A product is defective if, for example, it fails to function as intended. It is also defective if it does not fulfil the agreement between you and the consumer in terms of, for example, quantity or quality (Chapter 4 - 1 and 2 § of the Consumer Sales Act).

  It may also constitute a defect if your company omits important information about the product that the consumer should have received. The omission of important information about the distinguishing characteristics of the product may also constitute misleading marketing pursuant to 10 § of the Marketing Act (SFS 2008:486).

  Supplying old versions of digital services and defective installation may constitute defects in goods that your company is liable for (Chapter 4 - 3 and 4 § of the Consumer Sales Act).

  Companies are not permitted to give consumers rights concerning defective goods or digital content that are inferior to the provisions of the Consumer Sales Act. Any such actions may also contravene 3 § of the Consumer Contracts Act (SFS 1994:1512) and 10 § of the Marketing Act).

• Your obligations when a product is defective

  Deadline for making a complaint

  As a company, you are liable for any original defect for at least three years after the date of sale. For goods with digital components, such as GPSs, the deadline is three years from the date of sale or the contract period, whichever is longer (Chapter 4 -14 § of the Consumer Sales Act).

  The consumer must complain within a reasonable period of time. A complaint submitted within two months of the consumer discovering the defect is always considered to have been submitted within a reasonable period of time (Chapter 5 - 2 § of the Consumer Sales Act).

  Warranties

  If you have given a warranty on the product, the consumer has the right to demand rectification under the terms of the warranty (Chapter 4 - 21–23 §§ of the Consumer Sales Act). Unlike the right to complain, the warranty terms you choose to offer are a private matter between you and the consumer. A warranty can supplement statutory consumer protection, it cannot replace it. Warranty terms and conditions that limit the right to complain are invalid and may contravene 3 § of the Consumer Contracts Act.

  Burden of proof

  The burden of proof regarding defects rests with your company during the first two years after the goods are delivered. This means that you are liable for all defects arising during this period unless you can prove, for example, that the defect is the fault of the consumer (Chapter 4 - 17 § of the Consumer Sales Act).

  It is not possible to deny or contractually avoid your burden of proof. Any such requirements may also contravene 3 § of the Consumer Contracts Act and 10 § of the Marketing Act).

• Your obligation to rectify defects

  If a product is defective, your company is liable to rectify the defect without cost to the consumer. You must do so within a reasonable period of time. In the event of a defect, the consumer retains the right to demand rectification, replacement, a discount or cancellation of the purchase. The consumer also retains the right to withhold payment equivalent to the defect.

  If the purchase is cancelled and the consumer must purchase an equivalent product from another company, you may be liable to compensate the consumer for any difference in price. You may also be required to pay compensation for any additional costs arising for the consumer due to the defect (Chapters 5 and 6 of the Consumer Sales Act).

  Your company is not permitted to deny the consumer these rights. Nor are you permitted to force the consumer to choose alternative measures that are not provided for by law. In addition to breaching the Consumer Sales Act, any such actions may also contravene 3 § of the Consumer Contracts Act and 10 § of the Marketing Act).

• Your obligations when delivery is delayed

  If you fail to deliver a product or digital content on the date agreed between you and the consumer, the consumer retains the right to withhold payment and demand that you make delivery.

  The consumer retains the right to cancel the purchase if the delay causes significant inconvenience to the consumer and if you have failed to make delivery as requested by them despite being given reasonable additional time to do so. Your company may also be liable for damages for any costs arising for the consumer due to the delay (Chapter 3 Sections 1–6 of the Consumer Sales Act).

  Your company is not permitted to deny the consumer these rights. Nor are you permitted to force the consumer to choose alternative measures that are not provided for by law. In addition to breaching the Consumer Sales Act, any such actions may also contravene 3 § of the Consumer Contracts Act and 10 § of the Marketing Act).

• Agreed price of the goods

  The consumer shall pay the price agreed in your contract. If no price is stated in the contract, the consumer shall pay a reasonable price for the goods (Chapter 7 - 1 § of the Consumer Sales Act).

  Companies have an obligation to provide clear price information. If this information is ambiguous, you risk breaching the Consumer Contracts Act, Price Information Act (SFS 2004:347) and Marketing Act.

  Learn more about price information here on our website (in Swedish)

• Rules concerning late payment

  The consumer must pay for goods on time in accordance with the contract. If no time has been agreed for payment, payment must be made on demand from your company, but at the earliest when the consumer has received the goods (Chapter 7 - 2 § of the Consumer Sales Act).

  If the consumer delays payment, and this is not due to your company, you may retain the goods. You may also choose between demanding payment from the consumer or, if the delay in payment constitutes a material breach of contract, cancelling the purchase (Chapter 7 - 5 § of the Consumer Sales Act).

  There is a risk that ambiguous contractual terms and conditions may contravene 3 § of the Consumer Contracts Act).

• Rules concerning cancelling an order

  The consumer always retains the right to cancel an order for a product or digital content prior to delivery. If your company has incurred costs in connection with the order, you may have the right to demand compensation from the consumer (Chapter 7 - 3 § of the Consumer Sales Act).

  It is not possible to contractually avoid the consumer’s right to cancel an order prior to delivery, as this would breach the Consumer Sales Act and 3 § of the Consumer Contracts Act.

  Information about consumer rights on our website