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Act (2005:59) On Distance Contracts And Off-Premises Contracts

Original Language Title: Lag (2005:59) om distansavtal och avtal utanför affärslokaler

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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.