Laws and regulations
Consumer Purchase Act (2022:260)
Chapter 1. Basic provisions
Content of the Act
Section 1 This Act contains provisions on the protection of consumers in the purchase of goods where the buyer is a consumer and the seller is a trader (Chapters 2-8). The Act also contains provisions on consumer protection in contracts where a trader provides a consumer with digital content or digital services (Chapter 9).
Expressions in the law
Section 2 For the purposes of this Act:
'digital content' means data produced and provided in digital form;
"digital service" means a service that enables the consumer to create, process, store or access data in digital form, or to exchange data or otherwise interact with data in digital form uploaded or created by the consumer or by other users of the service;
'interoperability' means the ability to work with hardware or software other than that normally used with the same type of goods with digital parts, content or digital services;
'compatibility' means the ability to work without conversion with hardware or software normally used with the same type of goods with digital parts, digital content or digital services;
"consumer" means a natural person who acts primarily for purposes which are not covered by the course of trade;
'trader' means a natural or legal person acting for purposes connected with his or her own business;
'public auction' means a method of sale in which the trader, through an open bidding procedure conducted by an auctioneer, offers goods for sale to consumers who are able to attend the sale in person, and where the successful bidder is obliged to purchase the goods;
'personal data' means information referred to in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
'manufacturer' means a person who manufactures goods or who, by putting his name, trade mark or other characteristic on goods, claims to be a manufacturer, or a person who imports goods into the European Economic Area;
item: loose thing, with or without digital parts,
'product with digital elements' means a movable item that is integrated or interconnected with a digital content or service in such a way that the absence of the digital content or digital service prevents the product from being used in the way intended;
Scope of the Act
Section 3 This Act applies to the purchase of goods sold to a consumer by a trader.
When purchasing a product with digital elements, the digital content or digital service is included in the purchase of the product, unless otherwise agreed. This also applies in cases where the digital content or digital service is provided by someone other than the trader.
Section 4 The Act also applies in cases where the seller is not a trader, if the purchase is mediated for the seller by a trader. In such cases, both are responsible for the obligations a business has under the law.
Section 5 The Act also applies to the exchange of goods, where applicable.
Section 6 The Act also applies to the purchase of goods to be manufactured. If the consumer is to provide a substantial part of the material, Section 4, first paragraph, and Sections 6 and 7 of the Consumer Services Act (1985:716) also apply.
The Act does not apply to contracts under which the person who is to deliver goods must also perform work or some other service, if the service constitutes the predominant part of the obligation.
Section 7 The Act also applies to contracts in which a trader is to provide or develop a digital content or digital service to a consumer in return for payment. The same applies if the consumer is required to provide his or her personal data, except where the consumer's personal data is processed by the trader only to comply with legal requirements applicable to him or to provide the digital content or digital service.
When part of a contract relates to the supply of digital content or a digital service as referred to in the first paragraph, the provisions of the Act on contracts for the supply of digital content or digital services apply to that part of the contract. The same is true where digital content is made available on a tangible medium which acts exclusively as a carrier of the digital content.
Section 8 The Act does not apply
1. contracts relating to electronic communications services with the exception of number-independent interpersonal communications services;
2. agreements relating to betting, casino games or other types of gaming under the Gambling Act (2018:1138),
3. contracts for digital content or digital services relating to measures for the medical prevention, investigation and treatment of illnesses and injuries or dental care pursuant to Section 1 of the Dental Care Act (1985:125), and which are provided by healthcare professionals referred to in Article 3(f) of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare; in the original version,
4. contracts relating to financial services;
5. contracts for the supply of digital content that is part of a performance or event, where the digital content is made available to the public by means other than by means of signal transmission;
6. the provision of digital content in accordance with the Public Sector Data Accessibility Act (2022:818), or
7. the provision of free and open source software, where the personal data provided by the consumer is processed by the trader only for the purpose of improving the security, compatibility or interoperability of the software. Law (2022:820).
Processing of personal data
Section 9 Provisions on the processing of personal data are laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).in the Act (2018:218) with supplementary provisions to the EU's General Data Protection Regulation and in regulations issued in connection with that Act.
Contract terms that deviate from the law
Section 10 Contract terms which, in comparison with the provisions of this Act, are to the detriment of the consumer shall have no effect against the consumer, unless otherwise provided in the Act.
The first paragraph does not apply to the purchase of gas supplied by pipeline, if the general terms and conditions of agreement applicable to such deliveries have been approved by the Swedish Consumer Agency.
Chapter 2. Delivery of the goods
Place of delivery
1 § Unless otherwise stipulated in the contract, the goods shall be kept available for collection at the place of business of the trader.
Time of submission
2 § If the time for delivery of the goods is not stipulated in the contract, delivery must take place without undue delay and no later than 30 days after the contract was concluded.
The trader is not obliged to deliver the goods until the consumer pays for them, except when the consumer has received credit.
Delivery
3 § The goods are delivered when the consumer, himself or through a carrier engaged by the consumer or through someone else acting on behalf of the consumer, has taken possession of the goods. Even if the consumer has used the carrier, the goods are not considered to have been delivered when they have been handed over to the carrier, if it is the trader who has offered the transport alternative.
Section 4 In order for a product with digital parts to be delivered, it is required, in addition to what is stated in Section 3, that the digital content or digital service has been provided to the consumer. If the digital content or digital service is to be provided continuously over a period of time, delivery is deemed to have taken place when the provision has begun.
A digital content in a product with digital elements is provided when the consumer is given access or access to the content or to a means suitable for accessing or downloading it. A digital service in a product with digital elements is provided when it is made available to the consumer.
The cost of the product
Section 5 Unless otherwise provided in the contract, the trader shall be responsible for transport costs and other costs for the goods incurred before delivery and which are not due to the delivery being delayed as a result of any circumstance on the consumer's part.
The risk of the product
6 § The risk of the goods passes to the consumer when the goods are delivered.
If an open purchase has been agreed upon and the goods have been returned, the consumer bears the risk of the goods until they are returned.
If the consumer bears the risk of the goods, he or she is obliged to pay for the goods even if they have been destroyed, lost, deteriorated or reduced by an event that is not the fault of the trader.
Chapter 3. Trader's delay
What is meant by delay
Section 1 A trader is in delay if the goods are not delivered or delivered late and this is not due to the consumer or any circumstances on his or her side.
Penalties for delay
2 § If the trader is in arrears, the consumer may withhold payment in accordance with section 3. The consumer may choose between demanding that the purchase be completed in accordance with section 4 and cancelling the purchase in accordance with section 5. In addition, the consumer may claim damages from the trader in accordance with Chapter 6.
Right to withhold payment
3 § The consumer may withhold as much of the payment as is necessary to provide the consumer with security for his or her claim due to the delay.
Right to demand that the trader complete the purchase
4 § The consumer may hold on to the purchase and demand that the trader fulfils it.
However, the trader is not obliged to complete the purchase if there is an obstacle that the trader cannot overcome or if it would require sacrifices that are not reasonable in view of the consumer's interest in the trader completing the purchase. However, if such a relationship ends within a reasonable time, the consumer may demand that the trader complete the purchase.
The consumer loses the right to demand that the trader complete the purchase if the consumer waits an unreasonably long time to make the claim.
Right to cancel the purchase
Section 5 The consumer may cancel the purchase if the trader's delay is of material importance to the consumer or if the consumer has informed the trader before the conclusion of the contract that delivery of the goods no later than a certain date is essential for him or her to enter into the contract. The consumer may also cancel the purchase if the trader notifies that the goods will not be delivered.
If the consumer has demanded that the trader return the goods within a specified additional period and if the additional period is not unreasonably short, the consumer may cancel the purchase if the goods are not returned within the additional period. During the additional period, the consumer may cancel the purchase only if the trader notifies that the purchase will not be completed within this period.
If the consumer has demanded that the purchase be completed without specifying an additional period, the consumer may cancel the purchase if the goods are not returned within a reasonable time after the claim was made.
Notice of cancellation and damages
Section 6 If the goods have been delivered too late, the consumer may cancel the purchase on the grounds of delay only if the consumer notifies the trader of the cancellation within a reasonable time after he or she became aware of the delivery. A corresponding requirement for notification applies in order for the consumer to be able to claim damages. However, if the purchase is cancelled, the consumer does not need to give a separate notice in order for him or her to be able to claim damages.
A notice of cancellation or damages may, in cases referred to in Chapter 1. 4, instead be given to the person who has brokered the purchase.
Chapter 4. Defects in the product
Requirements for the item
1 § The goods shall in terms of nature, description, quantity, quality, functionality, compatibility, interoperability and otherwise comply with what follows from the agreement. The goods must be accompanied by the accessories, instructions and updates provided for in the agreement.
The goods must be suitable for the specific purpose for which the consumer intended the goods to be used, if the consumer has informed the trader of the specific purpose and the trader has accepted at the time of purchase that the goods can be used for that purpose.
2 § The goods shall, in addition to what follows from 1 §:
1. be suitable for the purposes for which goods of the same kind are generally used;
2. be consistent with the quality and the trader's description of a sample or model made available to the consumer prior to purchase;
3. have the quantity, characteristics and other characteristics of durability, functionality, compatibility, safety and other characteristics which are normally present for goods of the same type and which the consumer may reasonably assume in view of the nature of the goods;
4. correspond to such information on the characteristics and other characteristics or use of the goods as the trader or a person at an earlier stage of sale or on behalf of the trader has provided in the marketing of the goods or otherwise before the purchase, and
5. be accompanied by such packaging and other accessories as well as instructions for installation, assembly, use, storage and care that the consumer may reasonably require.
Section 3 The trader shall, prior to the purchase, inform the consumer of such conditions concerning the characteristics or use of the goods that the trader knows or should be aware of and of which the consumer can reasonably expect to be informed, provided that the information can be assumed to have an impact on the purchase.
4 § For goods with digital parts, the trader shall ensure that the consumer is informed of and provided with security updates and other necessary updates.
In the case of a single supply of digital content or digital services, the trader's obligation under the first paragraph applies for the period during which the consumer can reasonably expect updates. In the case of continuous provision of digital content or services for a period of time, the obligation applies for three years after the delivery of the goods with digital parts or the longer period of the contract.
Defects in the product
5 § The goods are defective if they deviate from what is stated in § 1 or 2 or the trader does not fulfil his obligation under § 3 or 4, unless otherwise provided for in §§ 6-8. Sections 9-12 contain provisions stating that the goods may also be defective in other cases.
Section 6 A product that deviates from what is specified in section 2 or 4 shall not be considered defective if the trader has informed the consumer of the deviation at the time of purchase and the consumer has expressly and separately approved it.
7 § A product that deviates from what is stated in 2 § 4 shall not be considered defective if the trader proves that:
1. the information has been corrected prior to the purchase in a manner that is equivalent to the manner in which the information was first provided;
2. the information has not had an impact on the purchase, or
3. the information has been provided by someone other than the trader and that the trader did not know or should not have known about the information.
Section 8 A product with digital parts shall not be considered defective if it deviates from what is stated in Section 1 or 2 solely as a result of the consumer not having installed an update provided in accordance with Section 4 within a reasonable time. However, this only applies if the trader has informed the consumer that the update is available and of the consequences of the lack of installation, and the consumer's lack of installation has not been due to the instructions for the installation.
9 § A product that deviates from what is specified in section 1 or 2 as a result of a lack of installation of the product shall be considered defective if it
1. has been installed by the trader or by someone else on his behalf as part of the completion of the purchase, or
2. has been installed by the consumer or on his or her behalf and the deviation is due to the instructions provided by the trader or, as the case may be, by the provider of the digital content or digital service in a product with digital components.
10 § The product is defective if it
1. is sold in violation of a prohibition issued pursuant to Section 27 or 36 of the Product Safety Act (2004:451) or of another prohibition on sale issued by statute or by an authority, essentially for the purpose of preventing the user of the product from suffering from ill health or accidents, or otherwise to prevent the use of a product that is not reliable from a safety point of view, or
2. is so deficient that its use poses a significant danger to life or health.
11 § The product is defective if the trader has failed to provide safety information about the product following an order under the Product Safety Act (2004:451) or fails to provide such information about the product's properties or use as the trader has been ordered to provide under the Marketing Act (2008:486), if the failure can be assumed to have affected the purchase.
The first paragraph also applies if the order or order has been issued to the manufacturer of the product or to another person who has been involved with the product at an earlier stage of sale and the trader has known or should have known that the order or order has not been complied with.
12 § The goods are defective if a third party
1. owns the goods,
2. has a lien or any other similar right in the goods,
3. has an intellectual property right in the product that restricts its use in a way that the consumer could not reasonably have expected, or
4. claims that he or she has the right set out in 1-3 and there are probable grounds for the claim.
However, the product does not have a legal defect according to the first paragraph if it follows from the contract that the consumer is to take possession of the product subject to the limitation imposed by the third party's right.
Guarantees
Section 21 A product is defective if the trader or any other person on behalf of the trader has undertaken to be responsible for the goods or part of the goods or for a characteristic of the goods for a certain period of time, and the goods deteriorate during the specified period of time in the respect covered by the promise.
The first paragraph does not apply if the trader makes it probable that the deterioration is due to an accident or comparable event or to neglect, abnormal use or some similar circumstance on the part of the consumer.
22 § The consumer has the right to turn against the person who has given a guarantee or similar promise in accordance with what follows from the guarantee or promise.
If the manufacturer has undertaken to be responsible for the durability of the goods for a certain period of time, the consumer always has the right to demand that the manufacturer rectify the defect or carry out a replacement in accordance with Chapter 5. 4-7 §§.
Section 23 If the terms of the guarantee according to a guarantee certificate are less favourable to the consumer than those promised in the marketing of the product, the terms and conditions of the marketing apply. However, this does not apply if the pre-purchase marketing has been adapted to the terms of the warranty certificate in a way that is equivalent to the way in which the marketing was first made.
Chapter 5. Penalties in the event of a defect in the product
Penalties
1 § If the product is defective, the consumer may, according to 4-11 §§, demand rectification, replacement, price reduction or compensation to remedy the defect or cancel the purchase. In addition, according to Chapter 6. claim damages. According to Section 3, the consumer may also withhold payment.
Complaint
2 § A consumer may claim that the goods are defective only if he or she gives the trader a notice of the defect within a reasonable time after the consumer should have noticed the defect (complaint). A complaint may instead be made to a person who has undertaken to remedy a defect in the goods on behalf of the trader or to a person who, according to Chapter 1. 4 § has mediated the purchase. A complaint made within two months of the consumer noticing the defect must always be considered to have been made in due time.
A claim due to a defect is time-barred if it is not made within two months from the end of the period of the trader's liability for defects pursuant to Chapter 4. Section 14 or within the longer period agreed by the parties.
The provisions of the first and second paragraphs do not apply if the trader has acted with gross negligence or contrary to good faith or honour or if the fault is such as referred to in Chapter 4. 10 §.
Right to withhold payment
Section 3 The consumer may withhold as much of the payment as is necessary to provide the consumer with security for his or her claim on the ground that the goods are defective.
Right to rectification or redelivery
4 § The consumer has the right to demand that the trader rectify a defect in the goods or make a replacement. The consumer is free to choose between the measures. The trader is obliged to remedy the defect or make a replacement only if the action is possible and can be taken without unreasonable cost to the trader.
When assessing whether any of the penalties of remediation or replacement would entail unreasonable costs for the trader, special consideration shall be given to:
1. the significance of the error;
2. what value the goods would have had in perfect condition, and
3. if the second penalty could be carried out at a significantly lower cost to the trader and without significant inconvenience to the consumer.
Rectification or replacement must be made within a reasonable time after the consumer made his or her claim and without cost or significant inconvenience to the consumer.
5 § Even if the consumer demands a sanction other than rectification or replacement, the trader has the right to take such a measure, if it can be done under the conditions specified in section 4, third paragraph.
The first paragraph does not apply if the consumer is entitled under Section 8 to demand another sanction without prior attempt at rectification or redelivery, or if the consumer has remedied the defect and it could not reasonably be demanded that, in view of the circumstances, the consumer should await rectification or redelivery from the trader.
6 § In the event of a redelivery, the trader shall, at his own expense, take back the defective goods.
If necessary for rectification or re-delivery, the trader shall remove the defective item and install a defect-free item or bear the cost of removal and installation. However, this obligation only applies if the goods had been installed before the defect became apparent and in a manner consistent with its nature and purpose.
7 § The consumer shall make the goods available to the trader in the event of rectification and replacement. However, in the case of redelivery, this does not need to be done until a new product is delivered.
Right to a price reduction or cancellation
8 § The consumer has the right to demand a price reduction corresponding to the defect or to cancel the purchase, if rectification or replacement is not possible or cannot be made within a reasonable time after the complaint has been made and without significant inconvenience to the consumer.The same applies if the rectification or replacement is not carried out in accordance with the requirements of section 6 or the defect persists despite rectification or replacement. If, in view of the nature of the goods and the circumstances in general, the defect is serious, the consumer is entitled to a price reduction or cancellation without prior attempt at rectification or replacement.
The consumer is also entitled to compensation for the cost of rectifying the defect, to the extent that this cost is not unreasonably high or is covered by the consumer receiving a price reduction.
Section 9 If only some of the goods for which the purchase relates are defective, the consumer's right to cancellation under Section 8 of the Goods Guarantee applies. However, the purchase may also be cancelled in respect of other goods to which the purchase relates, unless the consumer can reasonably be asked to keep them.
10 § The consumer may not cancel the purchase if the trader proves that the defect is minor.
The consumer is not entitled to a price reduction in the event of a defect in a second-hand item purchased at a public auction.
11 § In the event of cancellation, the consumer must notify the trader that he or she is cancelling the purchase.
Chapter 6. Damages in the event of a trader's breach of contract
Right to compensation
Section 1 A consumer is entitled to compensation for the damage he or she suffers as a result of the trader's delay or the defective of the goods, unless the trader proves that the delay or defect is due to an obstacle beyond the trader's control
1. which the trader could not reasonably be expected to have counted on at the time of purchase, and
2. the consequences of which the trader could not reasonably have avoided or overcome.
If the delay or defect is due to someone hired by the trader to complete the purchase in whole or in part, the trader is exempt from liability only if the person hired by the trader would also be free under the first paragraph. The same applies if the delay or error is due to a supplier that the trader has hired or someone else at an earlier sales stage.
2 § The consumer is always entitled to compensation for the damage he or she suffers as a result of a legal error that existed at the time of purchase, if the consumer neither knew nor should have known about the error.
The consumer is always entitled to compensation for the damage he or she suffers because the goods deviated from what the trader specifically promised at the time of purchase.
Extent of damages
Section 3 Compensation for damages due to the trader's delay or defect in the goods includes compensation for expenses, loss of income, price difference referred to in section 4 and other loss due to the delay or defect.
Damages for defects in the goods referred to in section 1 also include damage to other property belonging to the consumer or a member of the consumer's household, if the property is intended primarily for purposes that fall outside the scope of business activities.
The trader and the consumer may enter into an agreement that compensation pursuant to the first or second paragraph shall not cover loss in business activity.
Price difference
4 § If the purchase has been cancelled and the consumer has made a cover purchase at a higher price, the damages shall include compensation for the price difference between the two purchases, if the cover purchase has been made with sufficient care and within a reasonable time after the purchase was cancelled. If the purchase has been cancelled without such a cover purchase having been made and there is a prevailing price for the goods to which the purchase relates, the damages shall include compensation for the difference between the price of the purchase and the prevailing price of the goods at the time of cancellation.
Adjustment
5 § If the obligation to pay damages due to the trader's delay or in the event of a defect in the goods would be unreasonably burdensome in view of the financial circumstances of the person liable for damages, the damages may be adjusted according to what is reasonable. In such a case, existing insurance policies and insurance options on the consumer's side, the ability of the person liable to foresee and prevent the damage, and other special circumstances must also be taken into account.
Chapter 7. Consumer's obligation to pay and delay
The price of the item
1 § If a fixed price does not follow from the contract, the consumer shall pay what is reasonable in view of the nature and nature of the goods, the prevailing price at the time of purchase and the circumstances in general.
Time of payment
2 § If the time of payment is not specified in the contract, the consumer shall pay when the trader so demands, but not until the goods are delivered to the consumer.
Cancellation
Section 3 If the consumer cancels the goods before they have been delivered, the trader is not entitled to hold on to the purchase and demand payment. Instead, the trader may claim damages pursuant to Sections 7 and 8.
Consumer's delay
4 § The consumer is in arrears if the price is not paid on time and this is not due to the trader or any circumstances on his side.
Penalties for delay
5 § In the event of a consumer's delay, the trader may withhold the goods in accordance with Chapter 2. Section 2, second paragraph. The trader may choose between requiring the consumer to pay for the goods and cancelling the purchase under section 6. In the event of cancellation, the trader may also claim damages from the consumer in accordance with Sections 7 and 8.
Right to cancellation
6 § The trader may cancel the purchase if the consumer's delay in payment constitutes a material breach of contract.
If the trader has demanded that the consumer pay for the goods within a specified additional period and if the additional period is not unreasonably short, the trader may cancel the purchase if the consumer does not pay within the additional period. During the additional period, the trader may cancel the purchase only if the consumer informs that he or she will not pay within this period.
If the goods have come into the consumer's possession, the trader may cancel the purchase only if he has reserved the right to do so or if the consumer rejects the goods. If the price has been paid in full, the trader may not cancel the purchase.
Right to compensation
Section 7 If the trader cancels the purchase in accordance with Section 6 or if the consumer cancels the goods in accordance with Section 3, the trader is entitled to compensation for:
1. special costs incurred by the seller or supplier in concluding and performing the contract to the extent that the seller or supplier is unable to benefit from them in any other way;
2. special costs resulting from the cancellation or cancellation, and
3. loss in other respects of an amount that is reasonable in view of the price of the goods, the time of cancellation or cancellation, the extent of the work done and the circumstances in general.
The trader may reserve a predetermined compensation in the event of cancellation or cancellation, if it is reasonable in view of what can normally be assumed to be due to a trader as compensation pursuant to the first paragraph.
Section 8 The trader is not entitled to compensation under Section 7 if the consumer cancels a product before the trader has accepted an offer made by the consumer to the trader.
The trader is also not entitled to compensation under section 7 if the consumer proves that the delay or cancellation is due to the law, interruption of public transport or payment transmission or some other similar obstacle that the consumer could not reasonably have expected to have foreseen at the time of purchase and the consequences of which he or she could not reasonably have avoided or overcome.
Chapter 8. Other provisions on the purchase of goods
Limitation of damage
1 § The injured party shall take reasonable measures to limit its damage. If the party fails to do so, he or she may bear the corresponding share of the loss.
Effects of Cancellation
Section 2 If the purchase is cancelled, the trader's obligation to hand over the goods and the consumer's obligation to pay for the goods cease.
To the extent that the purchase has been completed, the consumer must return the goods without undue delay. If the cancellation is due to the trader's breach of contract, it must be at the trader's expense. The trader must repay the consumer's payment for the goods without undue delay. However, a refund does not need to be made until the trader has received the goods or the consumer has shown that the goods have been returned. For a product with digital parts where the digital content or digital service is provided continuously for a period of time, Chapter 9. Section 15, first paragraph, in the case of the trader's repayment.
Everyone may withhold what has been received until the other issues what is to be returned and pays or provides acceptable security for damages and interest that he or she may be obliged to pay.
Section 3 If the purchase is cancelled, the consumer must pay the return on the goods received by the consumer and pay reasonable compensation if he or she has had some other benefit from the goods.
If the trader is to return the payment, the trader must pay interest from the date on which he received the payment.
Certain consequences of cancellation and redelivery
4 § If, in connection with cancellation of the purchase or in the event of a redelivery, the consumer is unable to return the goods substantially unchanged and undiminished, the consumer shall compensate the trader for the reduction in the value of the goods that is a result of the deterioration or reduction of the goods.
The first paragraph does not apply if:
1. the goods have been destroyed, lost, deteriorated or reduced by their own nature or by any other circumstance which is not the fault of the consumer;
2. the goods have been destroyed, deteriorated or reduced as a result of an action necessary to examine whether the goods are defectless, or
3. the goods have been used by the consumer for normal use before the replacement takes place or before the consumer realised or should have realised that there was a defect that entitles him or her to cancel the purchase.
Claims against upstream traders
5 § If the trader is insolvent, has ceased his business activity or cannot be found, the consumer has the right to make a claim due to defects in the goods against a trader at an upstream stage of sale who has transferred the goods for resale.
The first paragraph applies only to the extent that a corresponding claim due to the defect could have been asserted against the trader at an earlier stage of sale by the person who acquired the goods from him. However, a contract restricting the right to assert a claim may be invoked against the consumer only if such a restriction could have been agreed with binding effect between the consumer and the seller or supplier. A lack of a complaint at an earlier stage is of no significance to the consumer's rights.
If the consumer wishes to make a claim under this section against a trader in an upstream sales chain, a complaint pursuant to Chapter 5. Section 2 may be made with the trader or with the trader who sold the goods. If a complaint has not been made to the trader at an earlier stage of sales, the consumer loses his or her right against that trader if the consumer does not notify him of his or her claim within a reasonable time after the consumer realised or should have realised that he or she had reason to make the claim.
Risk of certain messages
6 § If a notice that the consumer is to give to the trader or another person pursuant to Chapter 3. Section 4 or 6, Chapter 5. 2, 4 or 11 or 5 of this chapter has been transmitted in an appropriate manner,the message may be invoked even if it is delayed, distorted or not received. The same applies to such a notice with an order for additional time that the trader can give to the consumer in accordance with Chapter 7. 6 §.
Relationship with the trader's creditors
7 § A purchase of goods is valid against the trader's creditors under the contract. However, when a purchase does not relate to a specific product, the purchase does not become valid against the creditors until some action has been taken by separating or marking the goods, entering the goods in an accounting document or in some other way so that it is clear that the goods are intended for the consumer.
Chapter 9. Contracts for the supply of digital content and digital services
Provision
1 § If the time for the provision of the digital content or digital service does not follow from the agreement, the provision shall take place without undue delay.
Digital content is provided when the consumer is given access or access to the content or a means appropriate for accessing or downloading it. A digital service is provided when it is made available to the consumer.
For digital content on a physical medium, Chapter 2. Sections 1-3, 5 and 6 shall apply, instead of what is stated in the first and second paragraphs. Law (2023:732).
Trader's delay
Section 2 The trader is in delay if the digital content or digital service is not provided within the time specified in Section 1. The trader must demonstrate that the provision has been made on time.
Section 3 If the trader is in arrears, Chapter 3. Sections 2-5 and Chapter 6. on penalties for the trader's delay in the purchase of goods.
In the event of cancellation due to the trader's delay, the consumer must notify the trader that he or she is cancelling the contract.
Defects in the digital content or service
What requirements are made and what constitutes errors
Section 4 For contracts for the provision of digital content or a digital service, Chapter 4. Sections 1-4 on requirements for the goods and Chapter 4. Sections 5-8 and 10-12 on defects in the goods.
If the digital content or digital service is provided continuously over a period of time, the trader's obligation to update pursuant to Chapter 4. Section 4, first paragraph, shall apply during the agreed period.
5 § A digital content or service shall be provided in the latest version available at the time the contract was concluded, unless otherwise provided for in the contract.
Section 6 A digital content or service that deviates from what is stated in Chapter 4. 1 or 2 § as a result of lack of integration with the consumer's hardware, software or network connection shall be considered defective, if the digital content or digital service
1. has been integrated by the trader or by someone else on his behalf, or
2. has been integrated by the consumer or someone on his or her behalf and the deviation is due to the instructions provided by the trader.
The trader's liability for defects
Section 7 The trader is liable for defects in the digital content or digital service that have existed at the time of the provision and that become apparent within three years of this date.
If the digital content or digital service is to be provided continuously for a period, the trader is responsible for any defects in the content or service that occur or appear during the agreed period.
The trader is liable for errors resulting from a lack of updating during the period that applies to the trader's obligation to update the digital content or digital service.
In cases referred to in Chapter 4. Section 16, the trader is liable for defects that appear even after the time specified in the first and second paragraphs.
Section 8 An error that occurs within one year of the provision of the digital content or digital service or within the agreed period in the case of continuous provision of the content or service for a period shall be considered to be a defect for which the trader is responsible, unless the trader proves otherwise or this is incompatible with the nature of the content, service or defect.
9 § The provisions of section 8 do not apply if:
1. the consumer's hardware, software or network connection is incompatible with the technical requirements applicable to the digital content or digital service, provided that the trader has informed the consumer of those technical requirements in a clear and intelligible manner prior to the conclusion of the contract, or
2. the consumer does not cooperate reasonably with the trader to determine by the technically available means which are least intrusive to the consumer whether the fault is caused by the consumer's hardware, software or network connection, provided that the trader has informed the consumer in a clear and intelligible manner before the conclusion of the contract of the consequences of the lack of cooperation.
Penalties for errors in the digital content or service
Section 10 In the event of a defect in the digital content or digital service, the consumer may, according to Sections 11 and 12, demand rectification, redelivery or price reduction or terminate the contract. In addition, the consumer may claim damages in accordance with Chapter 6. The consumer may also withhold payment in accordance with Chapter 5. 3 §.
A claim due to a defect is time-barred if it is not submitted within two months from the end of the period of the trader's liability for defects under section 7 or within the longer period agreed between the parties. This does not apply in cases referred to in Chapter 5. Section 2, third paragraph.
Section 11 The consumer has the right to demand that the trader rectify the defect in the digital content or digital service or resupply the content or service, if the action is possible and can be carried out without unreasonable cost to the trader. The trader has to choose between rectifying the defect and making a redelivery. If the consumer demands a sanction other than rectification or replacement, Chapter 5. 5 §.
When assessing whether rectification or replacement would entail an unreasonable cost for the trader, particular consideration must be given to the significance of the defect and the value that the digital content or digital service would have had in a flawless condition.
Rectification or replacement must be made within a reasonable time after the consumer made his or her claim and without cost or significant inconvenience to the consumer.
Section 12 The consumer has the right to demand a price reduction corresponding to the defect or to terminate the contract if rectification or replacement is not possible, does not take place under the conditions specified in Section 11, third paragraph, or cannot take place within a reasonable time after the consumer made his claim and without significant inconvenience to the consumer. The same applies if the defect persists despite rectification or redelivery. If, in view of the nature of the digital content or digital service and the circumstances in general, the defect is serious, the consumer is entitled to a price reduction or cancellation without any prior attempt at rectification or replacement.
If the trader provides the digital content or digital service in return for payment, the consumer may not cancel the contract if the trader proves that the defect is minor.
In the event of cancellation, the consumer must notify the trader that he or she is cancelling the contract.
Consumer's obligation to pay and delay
Section 13 The consumer's obligation to pay is subject to Chapter 7. Sections 1 and 2. In the event of a consumer's cancellation, Chapter 7. 3 §.
Section 14 A consumer is in arrears if he or she does not pay for the digital content or digital service on time and this is not due to the trader or any circumstances on his or her part.
In the event of a consumer's delay, the trader is not obliged to provide the digital content or service.
In the event of the consumer's delay, the trader may choose between demanding that the consumer pay and cancelling the contract in accordance with Chapter 7. 6 § first and second paragraphs. If the trader terminates the contract, he or she may also claim damages in accordance with Chapter 7. Sections 7 and 8.
Other provisions
Effects of Cancellation
15 § If the contract is terminated, the trader must repay what the consumer has paid. If the digital content or digital service is provided continuously over a period, the trader must repay the part of the payment corresponding to the period during which the digital content or digital service was not in a flawless condition during the contract period and the amount paid in advance for the period after the termination of the contract.
Section 16 Content that the consumer has provided or created when using the digital content or digital service and that is not personal data may not be used by the trader after the contract has been terminated.
However, the trader may use such content if:
1. has no use other than that provided by the trader;
2. relates only to the consumer's activity in his or her use of the digital content or digital service provided by the trader; 3. has been combined with other information by the trader and it is not possible or only with disproportionate effort to divide the content, or
4. has been created jointly with others and the content can be used by other consumers.
If the contract is terminated, the trader shall, at the consumer's request, make the content referred to in the first subparagraph available to the consumer, except in the cases specified in subparagraphs 1 to 3 of the second subparagraph. The content shall be made available free of charge, within a reasonable time and in a commonly used, machine-readable format.
Section 17 If the contract is terminated, the consumer may not use or allow anyone else to use the digital content or digital service. The trader may prevent such continued use.
Where digital content has been made available on a tangible medium, the consumer shall, if requested by the trader, return the physical medium. The return must be made without undue delay and at the trader's expense. The trader's request must be made no later than 14 days after the consumer notified the trader of the termination of the contract.
Forms of repayment by the trader
Section 18 The trader shall fulfil his or her obligation to repay in the event of a price reduction and cancellation without undue delay and no later than 14 days after the consumer demanded a price reduction or notified the trader that he or she was cancelling the contract.
The trader must use the same payment method as the consumer, unless the consumer explicitly agrees otherwise. No fee may be charged for the refund.
Modifying a digital content or service
Section 19 A trader may change a digital content or service that is to be provided continuously for a period only if:
1. it follows from the contract and sets out a valid reason for such a change;
2. the change is made at no cost to the consumer, and
3. the consumer has been informed of the change in accordance with section 20.
If the change impairs the consumer's access to or use of the digital content or digital service to more than a minor extent, the consumer has the right to terminate the contract with immediate effect. However, this does not apply if the consumer has the opportunity to keep the digital content or digital service without modification and in flawless condition at no extra cost. Termination must take place no later than 30 days from the date on which the consumer received the information referred to in section 20 or, if it was made later, from the date on which the change was implemented. At the time of termination, Sections 15-18 shall apply.
This section does not apply if the Digital Content or Digital Service is bundled with an Internet access service or a publicly available number-based interpersonal communication service.
Section 20 The trader shall inform the consumer of a change in accordance with Section 19. The information must be clear and understandable.
In addition, in the case of a change referred to in section 19, second paragraph, the consumer must have been informed in a reasonable time of the nature of the change and the date of the change, as well as of the right to terminate the contract or of the possibility of keeping the content or service unchanged.
The information referred to in the second subparagraph shall be provided in a document or in some other legible and durable form accessible to the consumer.
Additional provisions
Section 21 In the case of contracts for the provision of digital content or a digital service, Chapter 8. Section 1 on limitation of damage, Section 5, first and second paragraphs, on claims against traders at an earlier stage of sale, and Section 7 on the relationship with the trader's creditors.
For consumer communications pursuant to Sections 3 and 12 of this Chapter, Chapter 8. 6 §.
Transitional provisions
2022:260
1. This Act shall enter into force on 1 May 2022.
2. The provisions of Chapters 1 and 9. Contracts for the supply of digital content and digital services in the new Act also apply to contracts concluded before the entry into force, if the provision of the content or service takes place after the entry into force. The provisions of Chapter 9. However, Sections 19 and 20 do not apply to agreements entered into before the entry into force.
3. The Act repeals the Consumer Sales Act (1990:932).
4. However, the repealed Act shall continue to apply to contracts covered by that Act which were concluded before the entry into force.