A consumer dispute arises when a private individual and a business disagree over the purchase of goods or services. Below are 100 common questions and answers about your rights and obligations in consumer disputes under Swedish law.
1. What is a consumer dispute?
A disagreement between a private individual (consumer) and a business about a product or service.
2. Who is considered a consumer?
A private individual purchasing for personal use.
3. Who is considered a trader?
A business or person selling goods or services as part of their business activity.
4. What law applies to consumer disputes?
Primarily the Consumer Sales Act and the Consumer Services Act.
5. What is the Consumer Sales Act?
A law governing purchases of goods by consumers from businesses.
6. What is the Consumer Services Act?
A law governing purchases of services by consumers from businesses.
7. Do these laws apply to business-to-business sales?
No, they only apply between businesses and private consumers.
8. What is the right to complain (reklamationsrätt)?
The right to report defects in goods or services.
9. How long is the complaint period?
Three years for goods, ten years for services related to real property.
10. What is a right of return (öppet köp)?
The option to return a product for a refund if the seller offers it.
11. Are stores required to offer a right of return?
No, it is optional.
12. What is an exchange right (bytesrätt)?
The option to exchange a product, if offered by the store.
13. Are stores required to offer an exchange right?
No, it is optional.
14. What is the right of withdrawal (ångerrätt)?
The right to cancel a distance sale within 14 days.
15. Does the right of withdrawal apply in-store?
No, it applies only to distance or doorstep sales.
16. What is a distance contract?
A purchase made via the internet, phone, or mail order.
17. What is a doorstep sale?
A sale made at the consumer’s home.
18. Can a business refuse the right of withdrawal?
Yes, for certain exceptions such as custom-made products or perishables.
19. What is a defective product?
A product that does not meet the agreed specifications.
20. What is a defective service?
A service that has not been performed properly or according to the agreement.
21. What can a consumer demand in case of defects?
Repair, replacement, price reduction, cancellation, or compensation.
22. What is repair (avhjälpande)?
Fixing the defect at no cost to the consumer.
23. What is replacement (omleverans)?
Providing a new, defect-free product.
24. What is a price reduction (prisavdrag)?
Paying a lower price because of a defect.
25. What is cancellation (hävning)?
Reversing the purchase, with both parties returning what they received.
26. What is compensation (skadestånd)?
Reimbursement for costs or losses caused by the defect.
27. Can consumers claim extra costs?
Yes, if those costs result from the defect.
28. Must consumers complain in time?
Yes, within a reasonable period after noticing the defect.
29. What is a reasonable period?
Usually two months from when the defect was noticed.
30. Can consumers complain after three years?
No, claims must be made within three years.
31. Can a business charge for unsolicited services?
No, consumers are not required to pay for services they didn’t order.
32. What is a scam invoice (bluffaktura)?
An invoice for something the consumer didn’t order.
33. How do you dispute a scam invoice?
By sending a written objection to the business.
34. What is ARN (Allmänna reklamationsnämnden)?
The National Board for Consumer Disputes in Sweden.
35. Who can file a complaint with ARN?
Consumers in disputes with businesses.
36. Are ARN’s decisions legally binding?
No, but businesses are expected to follow them.
37. How much does it cost to file with ARN?
It is free for the consumer.
38. Can businesses file with ARN?
No, only consumers can.
39. How long does an ARN decision take?
Usually several months.
40. What is the Swedish Consumer Agency (Konsumentverket)?
A government agency that protects consumer interests.
41. Does the Consumer Agency handle individual disputes?
No, they provide information and guidance.
42. What is municipal consumer advice (kommunal konsumentvägledning)?
Free consumer advice offered by local municipalities.
43. Can they help draft a complaint letter?
Yes, they can assist with this.
44. What are standard contract terms (standardavtal)?
Pre-formulated terms used by businesses.
45. Can standard terms be unfair?
No, unfair terms can be declared invalid.
46. What are unfair contract terms?
Terms that are unreasonably unfavorable to the consumer.
47. What is price information (prisinformation)?
Details about the price of goods or services.
48. Must the price be clearly stated?
Yes, according to the Price Information Act.
49. What is misleading marketing?
Marketing that deceives or misleads consumers.
50. Is misleading marketing allowed?
No, it is prohibited by the Marketing Act.
51. What is a guarantee?
A seller’s promise that a product will function for a certain period.
52. Is offering a guarantee mandatory?
No, but if offered, it is binding.
53. What is the difference between a guarantee and the right to complain?
The right to complain applies by law; guarantees are voluntary.
54. What is a quotation (offert)?
A price offer with specified conditions.
55. Is an accepted quotation binding?
Yes.
56. What is a confirmation (bekräftelse)?
A message confirming an agreement or order.
57. What is a receipt (kvitto)?
Proof of payment.
58. Are businesses required to provide receipts?
Yes, for cash transactions.
59. What is an order confirmation?
Confirmation that a business has received an order.
60. Are verbal agreements valid?
Yes, but they are harder to prove.
61. What is a written agreement?
A signed or documented contract.
62. What is freedom of contract (avtalsfrihet)?
The right to decide the content of an agreement.
63. Can a business force me into a contract?
No, agreements require consent.
64. What is acceptance (accept)?
Saying yes to an offer.
65. Can silence be considered acceptance?
No.
66. What is a binding order?
When you accept an offer and enter into a contract.
67. Can I cancel a binding order?
Only if you have a right of withdrawal.
68. What are delivery terms (leveransvillkor)?
Rules about how and when the product is delivered.
69. What is a delivery delay (leveransförsening)?
When the product is not delivered on time.
70. What can I claim for a delivery delay?
Cancellation or compensation.
71. What is order cancellation (avbeställning)?
Cancelling an order before delivery.
72. Can I cancel for free?
Only if stated in the agreement or the business agrees.
73. What is incorrect delivery (fel leverans)?
Receiving a different product than ordered.
74. What can I do about incorrect delivery?
Request the correct product or cancel the purchase.
75. What is a withdrawal form (ångerrättsblankett)?
A form used to cancel a distance purchase.
76. Must the business provide a withdrawal form?
Yes, for distance purchases.
77. What is a return shipping cost (returkostnad)?
The cost to return a product.
78. Who pays for return shipping?
Usually the consumer, unless otherwise agreed.
79. What is a reminder fee (påminnelseavgift)?
A fee for an unpaid invoice.
80. Can the business charge a reminder fee?
Yes, if stated in the terms.
81. What is late payment interest (dröjsmålsränta)?
Interest on overdue invoices.
82. Can the business charge late payment interest?
Yes, according to the Interest Act.
83. What is debt collection (inkasso)?
When a business uses a collection agency to recover unpaid debts.
84. Can I dispute an incorrect debt collection demand?
Yes, by writing to the collection agency.
85. What is a payment default record (betalningsanmärkning)?
A negative credit record for unpaid debt.
86. Do I get a payment default record immediately after debt collection?
No, only after a ruling from the Enforcement Authority.
87. What is a payment order (betalningsföreläggande)?
A formal payment demand from the Enforcement Authority.
88. Can I dispute a payment order?
Yes, in writing to the Enforcement Authority.
89. What is a default judgment (tredskodom)?
A ruling if you don’t respond to a court summons.
90. Can I appeal a default judgment?
Yes, within one month.
91. What is a legal trial (rättslig prövning)?
A court proceeding to resolve a dispute.
92. Where are consumer disputes tried?
In the district court.
93. Can I use legal expense insurance through my home insurance?
Yes, if your policy covers consumer disputes.
94. What is a small claims process (småmålsprocess)?
A simplified court process for minor claims.
95. Can I claim compensation for breach of contract?
Yes, if you can prove your loss.
96. What is legal representation (rättsligt ombud)?
A lawyer or legal advisor assisting you in the dispute.
97. Do I have to hire legal representation?
No, but it may be helpful.
98. What is important in a consumer dispute?
To act quickly and document everything.
99. What can the municipality help me with?
Free consumer advice and guidance.
100. Why is legal advice important?
To ensure you understand your rights and how to protect them.
