Late delivery of a product
Försenad vara - Engelska
Is your product delayed or missing? Find out what matters regards compensation and cancellation of the purchase when the delivery is delayed or absent.
Cooperation:This website is co-funded by the European Union.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
When is a product considered delayed?
By law, a product is delayed if any of the following situations arise:
You did not receive the product within the promised time. The promised time is the time stated when you make the purchase, for example, in the purchase conditions or in the order confirmation.
There is no promised or agreed delivery time, but at least 30 days have passed since the purchase and the product has not been delivered.
How to complain about a late delivery
1. Find out about your rights
The Consumer Sales Act determines what demands you can make of the company.
You have the right to demand the company to fulfill its part of the agreement and to deliver what you bought. You also have the right to demand compensation for any costs that incurred due to the delay. You are also allowed to withhold your payment.
Who do you complain to about the delay?
When you buy a product from a company, the general rule is that the company is responsible for the package until it reaches you (or until you pick it up from the delivery point). If the delivery is delayed or lost in transit, you should direct your claims to the company you bought the product from. It doesn't matter if someone else, such as the delivery company, is the reason for the delay or loss.
Your right to demand
You have a right to demand the company to keep its part of the agreement and deliver your product.
In some cases, you may also have the right to terminate the agreement, that is, to cancel it.
When can you cancel the purchase?
To be able to cancel the purchase, you need to have given the company a reasonable additional amount of time in connection with you complaining about the delay.
You also have the right to cancel the purchase if the delay is of substantial importance for you.
Examples of when the delay may be of substantial importance:
If you at the time of purchase already ensured (such as by contacting the company) that the product could be delivered no later than a certain date.
If the time is clearly crucial to the purchase, for example if the product is to be used on a special occasion. An example is if you ordered a wedding cake that cannot be delivered on time.
Exceptions when the company is not required to deliver
There are exceptions when you cannot demand the company to deliver your goods. For example, if obstacles beyond the company's control make it impossible for the company to deliver.
The company also does not need to deliver if you wait unreasonably long to complain about the delay and make demands for delivery.
Right to withhold payment
Since the product has not been delivered, you have the right by law to withhold payment. This serves as your security so that the company will deliver the product.
If you have already paid, it is only if the purchase is canceled that you can demand a refund.
Compensation on the grounds of the delay
You should not be affected by costs because the product is delayed.
The company shall bear any costs you incur due to the delay of the goods.
Examples of expenses may be:
Loss of income if you have to stay home from work to receive the delivery.
Unnecessary transports.
The additional costs for express shipping, eventhough the item was delivered by standard shipping.
The law gives you the right to compensation for actual costs that arise due to the delay, although not for the inconvenience or the actual wait in itself. The costs must be reasonable and have a direct connection to the delay. You need to be able to present documentation, such as receipts or invoices.
There are exceptions when you cannot claim compensation. This applies, for example, if something beyond the company's control makes it impossible for the company to deliver.
What applies to a coverage purchase
If the purchase has been cancelled and you have been forced to buy another product that costs more than the original one, you have the right to demand the price difference from the company. This is called a cover purchase.
To be able to demand compensation for the difference, you need to make the purchase with care. This means that you need to compare alternatives and choose a reasonable price. If you do not find and exactly similar product, it can be OK to buy a product that is comparable. A product is often considered comparable if it has a corresponding quality, functions and price.
2. Write to the company and make your demands
Contact the company in writing, for example by email or text message. Then you can show what you have presented and when.
Demand the company to deliver your product
Contact the company and demand a delivery of the delayed product as soon as possible.
If you choose to call, you can summarize what you've discussed over the phone and then send it in an email to the company after the call. Then you'll have documentation showing what you've agreed upon. You can also record the call. It's allowed as long as you participate in the call.
Demand that you to cancel the purchase
If the delay is of substantial importance for you, you may have the right to cancel the purchase.
If the company does not succeed in delivering within the additional time, you can cancel the purchase.
Demand compensation
Write down which expenses you want the company to compensate and why. You need to be able to prove the expenses with documentation.
Notify the company that you are withholding payment
Notify the company in writing that you are withholding payment.Write how much and why.
If you have received an invoice, you need to dispute it (protest against it). Explain that you will not pay and why.
If you have already paid for the item, you can only demand to get your money back if the contract has been revoked.
If there is still an issue
3. If the company rejects your demands
If you do not receive your goods despite your demands, you can instead demand to cancel the agreement.
If the company does not believe you have the right to revoke, you can turn to the National Board for Consumer Disputes (ARN) or court for an assessment.
If the company denies you compensation, you can turn to the National Complaints Board (ARN) or court for an assessment.
If you receive an incorrect invoice, it is important to protest against it in writing. You can also choose to pay under protest.
If you have already paid (via card or credit)
You have the right to demand a refund when canceling a purchase.
If you paid by card
If you paid by card, you can make a so-called chargeback request . Contact your bank to see if they can assist you with a refund. You can try to make a chargeback request regardless of the type of card you have used. However, paying with a credit card is definitely safer and less risky, than using a debit card.
If you have paid by credit card or invoice
When you pay by credit card or invoice, according to the Consumer Credit Act, you have the right to get assistance from your credit provider if you encounter problems. The law states that you can make the same demands on the credit provider as you can on a company. This means that you can demand a refund from the credit provider, such as the bank or the invoice company, if the company you purchased from does not refund you. Contact your bank or credit provider to find out how to proceed.
4. If you need guidance?
Swedish companies
Do you need help clarifying your rights or want to discuss how to proceed with your case? In that case, you can contact the municipality's consumer guidance, or the guidance provided by our national information service.
Municipality's Consumer Guidance
Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.
The Swedish Consumer Agency
If you need guidance, you can contact our national information service. We can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.
Companies within the EU, Norway, Iceland and the United Kingdom
If you are residing in Sweden and the company you have issues with is registered in another EU country, Norway, Iceland or the United Kingdom, you can receive free advice from ECC Sweden. ECC Sweden is part of a network of consumer offices within the EU. In some cases, ECC Sweden may share the case with a sister office in another country to attempt to reach a solution through mediation.
Contact ECC Sweden
To get assistance with your case, you need to ensure that you have filed a written complaint to the company. To ECC Sweden, you need to submit a description of the problem and documentation showing what has happened. Documentation is necessary if your case is to be shared with any sister office in another country. Remember to keep your originals and only send copies to ECC Sweden.
Send your case via email to: konsumenteuropa@konsumentverket.se
The email should include:
Your first and last name and the name of the company you purchased from
A description of the problem and how you want the company to resolve it
The date you placed the order and the date you received it
The price of the item/service and how you paid
Documentation as evidence of your case
Examples of documentation
Agreement/terms of agreement
Screenshots of advertisements
Invoice/receipts for purchases
Complaint or right of withdrawal notice
Once you have submitted your case, you will usually receive a response within approximately 1 month.
ECC Sweden cannot
Force a company to act according to the law. The work is based on the company being willing to cooperate with the ECC network to reach a resolution.
Mediate in a case if we cannot identify the seller or if the seller refuses to cooperate with the ECC network.
Act as legal representation or assist when the consumer has already initiated legal proceedings.
Assist in purchases between businesses or purchases between individuals.
If you have any questions
ECC Sweden is part of the Swedish Consumer Agency. Do you need help clarifying your rights or want to discuss if and how you can proceed with your case? Then you can contact us at the information service.
Contact our information service
5. Have your case reviewed
Contact the National Board for Consumer Disputes
If you and the company cannot reach an agreement, you can file a complaint to the public authority The 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 favor.
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 SEK 500 or more. You cannot include the application fee to ARN.
You file the complaint within one year from the first time you complained to the company.
Submit a complaint on ARN's website
If you need help with your complaint
Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.
Settle the dispute in court
If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten).
For a dispute involving a claim of up to 28,650 Swedish kronor (half a price base amount in 2024), known as a simplified litigation or small claim, the application fee is 900 kronor. If the claim exceeds 28,650 kronor, or if the dispute does not concern a specific amount, the application fee is 2,800 kronor.
If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited.
Source: KonsumentverketKonsument Europa
Proofread: 28 March 2024
This website is co-financed by the European Union. ECC Sweden is part of the Swedish Consumer Agency and is co-financed by the EU.
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