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.

It is important that you notify the company within two months of detecting the fault or malfunction. If you wait longer than that, you risk losing your right to make a claim against the company and demand a remedy.

If the goods were already faulty when you received them, this is called an original defect. An original defect does not need to appear immediately. It can still be an original defect even if the fault or malfunction appears after a certain period of time has passed.

A product does not need to be broken or completely unusable for it to be considered faulty. It can also be considered defective if:

• you received incorrect information at the time of purchase
• the product deviates in any other way from what you and the company agreed upon
• you did not receive sufficient instructions to install, assemble, and use the product correctly.

If you detect a fault or malfunction in a product, you have the right to insist that the defect be rectified. This can be done by the company repairing the product, for example, or providing you with a replacement.

You can yourself suggest which solution you want from the company. But if the company can show that it would be an unreasonably large cost to give you a new product compared with making repairs, they usually have the right to make the repair.

If it is not possible to either repair the product or give you a new one, a price reduction corresponding to the defect may be applicable. It may also be possible to cancel the purchase. Canceling the purchase means that the company takes back the product and you get your money back.

How to lodge a complaint

The company is responsible for faults or malfunction that existed in the goods when they were purchased or delivered to you, i.e. 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 sufficient for you to show that there is a defect. You do not need to prove what caused the defect. The company must be able to show that the defect is due to you or that the defect is normal considering the condition of the product to avoid responsibility.

After two years, the burden of proof for the defect lies with you. If the company does not agree that the defect is original, you need to consider how to prove that it is. Sometimes, for example, you may need to contact an expert in the field to help with troubleshooting or get a statement showing that the defect is original.

If the company does not deliver a product you ordered on time, the company is in default. In the event of a delay, your first recourse is to demand that the goods be delivered.

In some cases, you may have the right to cancel the purchase, for example if you ordered a wedding dress that will not be delivered before the wedding. You also have the right to wait to pay until you receive the goods.

Your rights in the event of late delivery

Liability during transport

The company retains responsibility for the goods until you receive them. If the goods are damaged when you receive them, or if a part of the order is missing, you need to contact the company with your claim.

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

You have the right to claim compensation for damages, i.e. reimbursement for costs you incur due to a damaged product or a late delivery. For example, this could be compensation for an extra visit to the company, or if you had to take time off work.

Keep in mind that your claim must be reasonable and you must be able to prove the harm or loss 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.