Chapter 1. Introductory provisions
The law's content
section 1 of this Act contains provisions on the protection of consumers in respect of
distance and off-premises contracts. Law (2014:14).
Definitions
2 for the purposes of the Act
' distance contract ' means any contract which is concluded in the framework of one of
trader organized system to negotiate contracts on
remotely, if the communication takes place exclusively at distance,
off-premises contracts: contracts concluded
– then the trader and the consumer at the same time are present
at any location other than the trader's fixed or mobile
business premises or after consumer submitted a tender
in such a place,
– in the trader's premises or with the help of a medium
of distance communication immediately adjacent to
consumers contacted by the trader at another location
where they were present, or
-during an excursion organized by the trader in
marketing or sales purpose
consumer: a natural person who is acting primarily for
purposes which are outside business activities,
trader: a natural or legal person who is acting
for purposes relating to their own
economic activity. Law (2014:14).
Permission for the trader's representative
§ 3 If the trader uses the services of a representative, he shall always
is considered competent to act on behalf of the trader when it
applies to
– conclusion of distance contracts or agreements outside business premises,
– committed benefits is intended to be incorporated in such a
Agreement, and
to receive payment for the trader's behalf.
The trader may not be to the detriment of the consumer
restricting this privilege. Law (2014:14).
Contract terms that deviate from the law
section 4 of The terms in comparison with the provisions of
This law is to the detriment of the consumer are void against the
the latter, unless otherwise provided by law. Law (2014:14).
Chapter 2. Contracts for goods and non-financial services
Scope of application
section 1 of this chapter applies to agreements whereby a trader
transfers or grants the chattels to or performing a
service to a consumer. With the service referred to in this chapter
also letting of immovable property. Financial agreements
services or to transfer or issuance of financial
instrument rather than Chapter 3.
This chapter does not apply to contracts
1. refers to the rental of long-term accommodation,
2. relating to the construction of the building or other facility on
land or in water,
3. be concluded by means of a vending machine or other similar
machine or automated commercial premises;
4. agreements with an operator through the use of a public
payphone,
5. refers to a service to be performed through the use of a
phone, internet or fax connection, if the service is provided
on a single occasion,
6. refer to betting, casino games or lottery services;
7. concerning the sale of food or other daily consumer goods for
the household supplied to a consumer's home or
workplace in a distribution system with regular
delivery, or
8. subject to the Act (1992:1672) on package travel Act
(2011:914) on the protection of consumers in respect of timeshare
or long-term holiday product.
This chapter does not apply to agreements outside business premises, if it
the price that the consumer will have to pay a total of less than 400
SEK.
In the case of contracts for the carriage of persons applies only to paragraph 3 of the
the third paragraph and section 9. Law (2014:14).
Information prior to the conclusion of a contract
2 § prior to the conclusion of a contract, the trader shall provide the consumer with
information about
1. its name, registration number, telephone number, and
fax number as well as their address and e-mail address, and, if
the trader is acting on behalf of someone else, his
similar functions;
2. main characteristics of the goods or services in the
extent appropriate in the light of the goods or
the service and how that information is given,
3. price of the goods or services, including taxes and
fees, or, if the price can not be stated in advance, how
the price is calculated; If the agreement is for an unlimited time or
refers to a subscription, the cost per
billing period and per month is specified,
4. the costs for shipping or postage and other additional
costs,
5. the cost of a means of distance communication
used, unless the cost is calculated other than at the basic rate,
6. terms of payment and delivery or
performance in any other way and time of delivery
or performance; If the agreement is to be concluded at the trader's
Web site, at the beginning of the ordering process specified
What payment methods are accepted, and if there are any
restrictions for delivery,
7. deposits or other financial guarantees
the consumer must provide and the conditions which apply to this,
8. the right of the consumer to complain according to law, how
complaints can be made and the street address of the
place of business where the consumer can turn to
make a complaint,
9. whether and under what conditions there is a
the right of withdrawal, the deadline and the other conditions for the right of withdrawal,
how the right of withdrawal is exercised, and that there is a
standard form for exercising the right of withdrawal and how
the consumer can take advantage of it,
10. the obligation of the consumer to exercise of the right of withdrawal
may have to return the goods at his own expense and, at
distance contracts, the cost of returning the goods if it is
such that it cannot be returned by mail,
11. whether the consumer is obliged to pay the
the trader under section 15, 3 or 4,
12. warranties or similar obligations as well as the assistance
and service that comes after the sale,
13. codes of conduct applicable to the trader and how
the consumer can take advantage of them,
14. the duration of the contract,
15. the minimum duration of the consumer's obligations
According to the agreement,
16. the conditions to terminate the contract, if it is valid until
further or renewed automatically,
17. the function of digital content, including technical
protection measures, and which hardware and software is required
to use the digital content, and
18. the possibilities to get a dispute with
trader access outside court.
At an auction, the information referred to in the first subparagraph 1
be replaced with the corresponding information on the auctioneer, if
It is possible to participate in the auction, also in a different way
than by using a means of distance communication.
Under the same condition, the information referred to in the first
paragraph 8 if the street address of the place of business where
consumers may submit complaints relate to the auctioneer's
place of business.
In the case of telephone selling, the salesperson at the beginning of the call
inform the consumer of their name, purpose of the call,
the identity of the trader or dealer's relationship with
the trader. Law (2014:14).
How information is to be given of distance contracts
3 § in the case of distance contracts, the information provided under paragraph 2 of
the first and second paragraphs, be given clear and understandable and at a
manner appropriate to the means of distance communication
used. Special consideration should be given to the needs of
minors and other particularly vulnerable persons.
If the agreement is to be concluded by using such funds for
distance communication that allows information can only be given in the
limited scale or for a limited period of time, shall
at least the information referred to in section 2 of the first paragraph, in the case
If the trader's name and registration number, 2-4, 14 and
16 given by using the means of communication. If there is a
the right of withdrawal, the information pursuant to article 2 of the first paragraph 9 also
given by using the means of communication. Other information
pursuant to article 2 of the first subparagraph shall be provided on any other appropriate
manner in accordance with the requirements of the first subparagraph of this
clause.
If the agreement is to be concluded on the trader's website,
consumer attention on the content of the
information provided pursuant to article 2 of the first paragraph 2-4 and 14-16.
Law (2014:14).
4 § When a distance contract, the trader shall, within
reasonable time, provide the consumer with a confirmation of the agreement.
Confirmation should be provided at the latest when the goods are delivered or
the service begins to be performed.
The acknowledgement should be given in a legible and permanent form which is
available to the consumer and contain the information
pursuant to article 2 of the first and second paragraphs that have not already been provided in
such a form. If the consumer in accordance with section 11 of 11 has gone
with that there is no right of withdrawal for purchases of digitally
content, it should be indicated in the confirmation. Law (2014:14).
How information is to be given to contracts outside of business premises
§ 5 in the case of agreements outside business premises, the information shall
pursuant to article 2 of the first and second subparagraphs is given clear and understandable
in an act or, if the consumer agrees to it, in a
other legible and permanent form which is available for
consumer. Special consideration should be given to the needs of
minors and other particularly vulnerable persons.
Once an agreement has been concluded, the trader shall provide the consumer with
a copy of the signed agreement or confirmation
the agreement. Copy or confirmation should be given in a document
or, if the consumer agrees to it, in a different human readable
and enduring form which is available to the consumer. If
the consumer in accordance with section 11 of 11 has agreed to the
There is no right of withdrawal for purchases of digital content,
It must appear on the copy or confirmation. Law (2014:14).
Penalties for non-payment information
section 6, if the trader does not give information in accordance with
2-5 paragraphs, the Marketing Act (2008:486) applied, with
exceptions to the provisions of sections 29 to 36 of
market interference charge. Such information shall be deemed to be
material in accordance with section 10, third paragraph Marketing Act.
Law (2014:14).
section 7 if the trader does not before conclusion of the contract and on the
as specified in section 3 or 5 section has given such
information on additional costs referred to in paragraph 2 of the first
paragraph 4, the consumer is not required to pay these
costs. Law (2014:14).
The information content of contract
section 8 Information pursuant to article 2 of the first and second subparagraphs is a
part of the agreement, unless the parties have expressly been
agree otherwise. Law (2014:14).
Orders made on a website
section 9 in the case of distance contracts concluded on a website is the consumer
bound by an order which results in a payment obligation
only if the obligation has been clarified before the order
and the consumer has expressly assumed the obligation.
Law (2014:14).
The consumer's right of withdrawal
section 10 gives the consumer a right to withdraw from the contract (withdrawal)
through to the professional leave or send an
notice within 14 days from the date specified in the
section 12 (cooling off period). If the consumer leaves the message on the
the trader's website, the trader shall without delay
acknowledge receipt of the message in a legible and durable
the form that is available to the consumer.
If the consumer in good time and in an appropriate manner have
left or sent a message referred to in the first subparagraph,
the message may be invoked even if it is delayed, mutilated or
fails to arrive. Law (2014:14).
Exception from the right of withdrawal
§ 11 right of withdrawal does not apply to contracts
1. refers to a service which has been completed, if the consumer
expressly consented to the service begins to be performed
and agreed that there is no right of withdrawal when
the service has been completed,
2. relating to goods or services whose price is dependent on such
fluctuations in the market that the trader cannot affect
and that may occur during the withdrawal period,
3. refer to goods made to the consumer's
guidelines or that otherwise has a clear personal
mark,
4. refers to a being that can quickly deteriorate or expire
old,
5. refers to a product with a broken seal may not be appropriate
be returned due to health or hygiene reasons and
the seal has been broken by the consumer,
6. refer to goods which by their nature is such that, after
delivery may be confused with another to be in such a way that
the goods cannot be separated from each other,
7. relating to alcoholic beverage at a specific price, when
delivery cannot be made within 30 days and the value of the drink at
the delivery depends on fluctuations in the market which
the trader's control,
8. referring to a sealed audio or video recording or a
sealed computer software and the seal has been broken by
the consumer,
9. refer to single copies of a newspaper or magazine,
10. at the conclusion of an auction, if it is possible to participate in the
the auction also in another way than by using a
means of distance communication,
11. refers to digital content delivered in any other manner
than on a physical medium, if the consumer has expressly
consented to the delivery in this way and agreed to the
There is no right of withdrawal,
12. relate to cultural events, sporting events or any other
similar recreational activity, catering, catering or any
other similar service, accommodation, transport or
car rental, if the trader shall provide the service
on a given day or during a specified period, or
13. referring to an urgent repair or maintenance action
during a visit to the consumer's place of residence, if the visit takes place on the
the consumer's express request and initiative and
repair or maintenance operation is subject
the consumer's request or is directly related to this.
Law (2014:14).
The withdrawal period
section 12 at the agreement on transfer of a be
the withdrawal period begins from the date the consumer receives the goods in
their possession. In the case of a service, the withdrawal period starts
from the date of conclusion of the contract.
If the agreement relates to more than one article or an article which consists of
several parts, the withdrawal period starts from the date the consumer
get the last item and the last part of the product in its
possession. In the case of the regular delivery of goods for a
given time, the withdrawal period starts when the consumer has, however, run
the goods from the first delivery in their possession.
In the case of contracts for the supply of water, gas or electricity, when
not put up for sale in a limited volume or
set quantity, and in the case of contracts for the supply of
district heating, the withdrawal period starts from the date of agreement
concluded. The same applies in the case of contracts for digital content
delivered in any other way than on a physical medium.
The withdrawal period referred to in the first to third paragraphs begin never run
until the consumer has been informed of the right of withdrawal in accordance with
2 paragraph 9 as specified in section 3 or section 5
the first paragraph. The right to repent ends at the latest one
years after the date of cancellation period would have expired if the
information had been given in the prescribed manner. Law (2014:14).
Effect that the consumer exercises his right of withdrawal
section 13, if the consumer exercises his right of withdrawal, the consumer shall
without undue delay and at the latest within 14 days on their own
expense leave or send back the goods to the
the trader. If the trader has agreed to stand for
the cost of returning the goods or have not given
consumer information pursuant to article 2 of the first paragraph 10 on the
as specified in section 3, or section 5, first subparagraph, the cost
be borne by the trader.
The first subparagraph shall not apply, if the trader has offered
to download the product or, in the case of agreements outside business premises,
the product delivered to the consumer's place of residence when the agreement was concluded
and not appropriately can be returned by post. In such cases,
the trader, at his own expense obtain the goods. Law (2014:14).
section 14 if the consumer exercises his right of withdrawal, the trader shall
pay back what the consumer has paid to
the trader. Repayment shall be made without undue delay
and at the latest within 14 days from the date on which the trader took
receive the consumer's message that the contract had been cancelled.
In case of agreement on transfer of the goods need
However, refunds will not be made until the trader taken
received from the consumer or the consumer has shown that the product
sent back. This does not apply if the trader referred to in
13 section, at its own expense, shall retrieve the goods.
The trader should use the same method of payment which
consumer, unless the consumer expressly agree
something else. The consumer must not incur any costs
due to another payment method is used.
Law (2014:14).
section 15, if the consumer exercises his right of withdrawal, the consumer shall
replace trader
1. increased delivery costs due to consumer choice by
delivery method,
2. the depreciation of the goods to the extent that it depends on to
consumers handle the product more widely than has been
necessary to determine its characteristics or function,
provided that the trader has given the consumer
information pursuant to article 2 of the first paragraph 9 as indicated
in section 3, or section 5, first subparagraph,
3. a proportional share of the agreed price, insofar as
the price is reasonable, for a service which is partly carried out before
the consumer was exercising the right of withdrawal, provided that
the consumer has expressly requested that the service would begin
performed during the withdrawal period and the trader has given
consumer information pursuant to article 2 of the first paragraph 9 and 11 on
as specified in section 3, or section 5, first subparagraph, and
4. a proportional share of the agreed price, insofar as
the price is reasonable, for water, gas or electricity, when
the sale has not been made in a limited volume or
set quantity, or district heating, where delivery
commenced before the consumer exercising the right of withdrawal, all under the
condition that the consumer has expressly requested that the
delivery would begin during the withdrawal period and
the trader has given the consumer information under paragraph 2 of
first paragraph 9 and 11 as set out in section 3, or section 5
the first paragraph. Law (2014:14).
Related agreements
section 16 if the consumer exercises his right of withdrawal and
the agreement has entered into a related agreement with the trader
or with someone else because of an agreement between
He and the trader, the ancillary agreement shall cease
without that the consumer may be imposed any sanction for
this. The same shall apply if the consumer exercises the right of withdrawal
and in the case of such a credit purchase referred to in
the consumer credit Act (2010:1846). Law (2014:14).
Chapter 3. Agreement on financial services and financial
instruments
Scope of application
section 1 of This chapter apply to distance contracts between a
seller or supplier and a consumer of credit, insurance,
payment or other financial services or
transfer or issue of the financial instruments.
The chapter also apply to agreements outside business premises between
a trader and a consumer of financial services.
This chapter does not apply to such an agreement, if the price
that the consumer must pay a total of less than 400 dollars
or if the agreement falls within the scope of the consumer credit Act
(2010:1846).
The provisions do not apply to the individual services or
transfers carried out within the framework of an agreement
continuous services or recurring transfers.
If the parties within one year included a new agreement on the same kind of
financial services or financial instruments, need
the trader does not again provide information according to 3 and
4 sections and 4 a of the third paragraph.
With financial instruments shall mean the same as in law
(1991:980) and/or the financial instruments trading act. It is said
in this chapter on financial instruments also applies to other
financial products. Law (2014:221).
section 2 provisions on the right of withdrawal in paragraphs 7-12 does not apply to contracts
If
1. financial service or transfer of financial
instruments, if the price is dependent on fluctuations in
the financial market as a trader cannot influence and that
may occur during the withdrawal period,
2. participation in the issue or other similar activity, if
the price for the right which the activity relates to the following
the subscription period will depend on fluctuations
on the financial market is said in 1,
3. credit associated with mortgages on immovable property,
leasehold or tenant or similar right or which is
connected with the corresponding right in the building that are not related to
property, or
4. insurance with a validity period of one month or
less.
The provisions concerning the right of withdrawal does not apply if both parties
at the consumer's request has failed to fulfil its obligations
According to the agreement. Law (2014:14).
Information prior to the conclusion of a contract
section 3 of the reasonable period of time prior to the conclusion of a contract, the trader shall provide
information about
1. its name and registration number, their address, their
phone number or email address and their main
activities and the corresponding information concerning a
intermediary trader hires, including
his relationship to the trader,
2. the responsible supervisory authority, if the operation requires
condition,
3. the financial service or the financial
the instrument's main characteristics,
4. the financial service or the financial
the instrument's price, including fees, taxes and
fees,
5. the agreement may follow the taxes, fees or
costs not paid by the trader or
charged by the latter,
6. the specific risks associated with the financial
instruments to which the contract relates, including the statement that the
previous performance and yield does not provide any
secure guidance on the future development and
the return,
7. way of payment and order fulfilment,
8. what happens if the right of withdrawal under this law, including
an indication of what the consumer according to section 11 may be
pay upon withdrawal,
9. the cost of a means of distance communication
used, unless the cost is calculated other than at the basic rate,
10. the time during which the offer relates,
11. the minimum duration of the contract, if the contract relates to an ongoing
or periodic financial service,
12. what happens if the termination of the contract prematurely or
unilaterally,
13. which country's law on advertising which has been followed,
14. the contractual terms on which country's law applies to
Agreement and about which court has jurisdiction,
15. in which language the terms and information
is provided and in what language the trader undertakes
to communicate during the term of this agreement,
16. how complaints regarding contract deals and what
possibilities to have a dispute with a trader
examined, and
17. what guarantee funds or similar compensation schemes
There is.
The information should be clear and understandable, and in a manner
adapted to the means of distance communication as
used. The trader shall take particular account of the need
of the protection of minors.
Within reasonable time prior to the conclusion of a contract, the trader shall also
provide all the contract terms.
Information and contractual terms will be given in a document or
in any other legible and durable form that is available for
consumer. If the agreement is to be concluded by a means of
means of distance communication which does not allow that the information and
the terms of the contract must be given in such form prior to the contract, shall
the trader provide the consumer with the information in this form
as soon as possible after the agreement has been concluded.
If the agreement relates to a payment under the Act (2010:751) if
payment services does not apply the first subparagraph 1 – 4, 11, 12 and
14-16. Law (2014:14).
Special rules in the case of telephone selling
4 § in the case of telephone selling, the trader at the beginning of
each call to give consumers information about their identity and
the name of the person who is in contact with the consumer and
his relationship to the trader. The trader shall then
also inform about the purpose of the call. If the consumer explicitly
consent to it, the trader does not provide all the
information referred to in paragraph 3 of the first paragraph, but only
information under section 3(1), 3-6, 8 and 15.
The trader shall, however, inform the consumer that the
further information is available on request and enter
What this information relates. It is said in paragraph 3, second subparagraph
also applies in the case of telephone selling.
As soon as possible after the contract has been concluded, the trader
give consumers all the information referred to in paragraph 3 of the first
paragraph, and all contract terms in a document or in any
other legible and permanent form which is available for
consumer.
4 a of the telemarketing of a management service or
an advisory service relating to premium pension entered into an agreement
by the consumer agrees in writing of the trader
tender.
An agreement has not been concluded within the meaning of the first subparagraph is
invalid. The consumer is not required to pay for
services rendered.
Instead of paragraph 4(2) applies to trader in
reasonable time before an agreement referred to in the first subparagraph shall be concluded
should give the consumer any information under section 3(1)
and all contract terms in a document or in any other
legible and permanent form which is available to the consumer.
Of information is also the meaning of the consumer not
tenders shall indicate the trader agrees in writing.
Law (2014:221).
Provision of the terms of the contract during the contract period, etc.
§ 5, the consumer has the right to at any time during the term of
request, be part of the contractual terms in a document.
The consumer has a right to change during the term of the funds for
means of distance communication used, unless this is incompatible
with the contract or the nature of the financial service.
Penalties for non-payment information
section 6, if the trader does not give information in accordance with
3-5 paragraphs to the Marketing Act (2008:486) applied, with
exceptions to the provisions of §§ 29-36 of
market interference charge. Such information shall be deemed to be
material in accordance with section 10, third paragraph Marketing Act.
Law (2008:508).
The consumer's right of withdrawal
section 7 of the consumer has a right to withdraw from the contract (withdrawal)
through to the professional leave or send an
notice within 14 days from the date specified in the
section 8 (cooling off period). Contracts of life insurance, or private
personal pensions is the deadline, however, 30
days.
If the consumer in good time and in an appropriate
way has left a message or sent pursuant to the first
subparagraph, the message may be invoked even if it is delayed,
distorted or does not arrive. Law (2014:14).
§ 8 withdrawal period begins to run from the date on which the contract is concluded. At
contracts of life insurance, the withdrawal period starts to run, however,
the consumer becomes aware that the contract had come
into being.
The withdrawal period begins at the earliest on the date on which the information and
contractual terms in accordance with the fourth subparagraph of paragraph 3, section 4, second subparagraph
or 4 a of the third paragraph, will the consumer to handa.
Law (2014:221).
Effect that the consumer exercises his right of withdrawal
section 9 If the consumer exercises his right of withdrawal, the consumer shall
as soon as possible and at the latest within 30 days to pay back the amounts and
send back the material that the consumer has received from
the trader. The time shall be calculated from the date on which the consumer
left or sent his message about the cancellation.
section 10, if the consumer exercises his right of withdrawal, the trader
as soon as possible and at the latest within 30 days to pay back what
the consumer has paid to the trader, with a tax credit for
what the trader may require under section 11. The time shall be counted
from the date on which the trader received consumer's message
about cancellation.
section 11 of the trader is entitled to compensation for the service
provided under the contract before withdrawal
was exercised. The compensation may not exceed an amount which is
in proportion to the seriousness of the supplied
the service, in conjunction with the full service under
the agreement.
The trader shall not require payment under the first
subparagraph, if the trader
1. failed to submit information under paragraph 3 of the first
paragraph 8 of what consumers might have to pay for
exercise of the right of withdrawal, or
2. without a request from the consumer has commenced the performance of the
agreement before the withdrawal period has expired. Law (2014:14).
Related agreements
section 12 if the consumer exercises his right of withdrawal, and with
reason of this contract is a related agreement on
services provided by the trader or by any
other due to an agreement between the latter and the
the trader, to the related agreement expire
without the consumer may be imposed any sanction for this.
Law (2014:14).
Relationship to the right under the consumer credit Act
section 13 in respect of the credit agreement under the consumer credit Act
(2010:1846) 21-25 of invoked the law instead of
7-12 sections. Law (2010:1854).
Choice of law
paragraph 14 of a contractual term which indicates that the law of a country outside the
The European economic area shall apply to
the agreement does not apply, if the law applies with the exclusion
from the condition is the law of a country within the European economic
area and the law gives consumers a better
the protection. Law (2014:14).
Chapter 4. Was repealed by law (2014:14).
Chapter 5. Was repealed by law (2014:14).
Transitional provisions
2005:59
1. this law shall enter into force on 1 april 2005, when the Act
(2000:274) on the protection of consumers in respect of distance contracts and
Home sales agreement shall cease to have effect.
2. in the case of contracts concluded before the entry into force applies
older provisions.
3. in the case of insurance contracts have been renewed after
the entry into force of the new Act.
2012:68
1. this law shall enter into force on 1 January 2012.
2. in the case of contracts concluded before the entry into force
for older provisions.
2014:14
1. this law shall enter into force on 13 June.
2. Older rules applicable to contracts concluded before
the entry into force.