The Consumer Sales Act

When is the Consumer Sales Act applicable? 

• When you as a private person purchase goods from a company. The term “goods” refers to all kinds of personal property, including automobiles, food, electronics, clothing or animals, for instance.  

• The statute also applies to second-hand items you buy from a com and to goods you buy at a reduced price. 

When is the Consumer Sales Act not applicable? 

• When you purchase goods from private persons. 

• When you are buying for commercial reasons (i.e. for your business enterprise), even if you are a sole trader. 

• For the purchase of a home or the leasing of a car. 

Provisions of the Consumer Sales Act  

Three-year statutory guarantee 

The Consumer Purchases Act gives you a three-year period during which you have the right to lodge a consumer complaint. This means that during the first three years after the purchase you have the right to complain about defects or other problems you detect in the goods. 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. It is the company you purchased the product from that you should contact to complain. 

The company is responsible for original defects 

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. For example, if you were given incorrect information at the time of purchase, or if the goods differ in some other way from what you and the company had agreed to, they may be considered faulty. You are also entitled to receive sufficient instructions to enable you to install, assemble, and use the product correctly. 

You are responsible for using the product correctly 

The company is not responsible for faults caused by you, for example if you use the product in a way it is not designed for or if you are careless. Furthermore, you have an obligation to comply with any care or maintenance instructions for the item. 

Your rights in the event of a product defect 

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 repairs.

If it is not possible to either repair the product or provide you with a suitable replacement, it then may involve a reduction in price corresponding to the fault or malfunction, or to cancel the purchase. This means that the company will take the product back and will refund what you paid to you. 

Further information about how to lodge a consumer complaint 

Who has the responsibility to prove the defect? 

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. 

If you purchased the goods before 1 May 2022, the former Consumer Sales Act applies. Any faults or malfunction in the first six months is then automatically considered as an “original defect.” During this period, it is only necessary to show that there is a fault or malfunction; you are not obligated to prove the cause of the fault or malfunction. To avoid liability, the company must be able to show that the fault or malfunction is attributable to something you did (you are at fault) or that the defect is normal considering condition of the product. 

After six months, the burden of proof for the fault or malfunction falls on you. If the company does not agree that the fault or malfunction is an original defect, you need to think about how to prove that it actually is. For example, sometimes you may need to contact an industry expert to help you troubleshoot the malfunction or other problem, or to obtain a statement confirming that the fault or malfunction appears to be an original defect. 

Your legal rights in case of non-delivery or past due delivery 

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. 

Further information about your rights in the event of failure to deliver when promised 

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 promptly contact the company with your claim. 

If you have arranged for the shipping yourself, the risk of loss of or damage to the goods passes to you the buyer when the company has delivered the goods to the shipping company you have arranged for. 

Right to compensation in the event of faulty goods or overdue delivery 

You have the right to claim compensation for damages, i.e. reimbursement for costs you incur due to a damaged product or an overdue 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. 

You have the right to cancel the order for the goods 

Until they are delivered to you, you always have the right to cancel an order for a product. The company cannot insist that you complete the purchase. The company can however claim compensation from you if it has incurred costs in connection with the order, for example if the item was specially made for you and cannot be resold. 

The company may not give you less rights than what the law says 

The Consumer Sales Act is a statutory obligation imposed on businesses selling to consumers. This means that the company may not give you less rights than what provided in the statute. For example, you have three years within which to assert a claim and it does not matter if the company has written in your sales contract or in the Terms and Conditions of Sale that you only have a two-year right to make a claim for redress. This is because the statute provides you with a statutory guarantee for a period of three years.  But of course companies have the option to give you even better terms than what the law requires. 

Digital services and content 

For purchases made after 1 May 2022, the new Consumer Sale Act (2022:260) is applicable. It states that digital services and digital content are also encompassed within the scope of the new statute. 

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. 

Request assistance from ARN if you can’t arrive at a mutually agreed solution with the company 

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 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 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.

Submit an application on ARN’s website

Would you like assistance in preparing your complaint? 

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

Your dispute with the company can also be taken to a court, but there will be costs involved in this. You will need to pay a filing fee and may also have to pay legal fees and court costs. 

Full text of the statute 

The Consumer Purchases Act (2022:260) on the website of the Swedish Parliament (In Swedish)