The Consumer Protection Law (1990:932)

Original Language Title: Konsumentköplag (1990:932)

Read the untranslated law here: https://www.global-regulation.com/law/sweden/2990361/konsumentkplag-%25281990%253a932%2529.html

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Introductory provisions



Scope of application



section 1 of this Act apply to the purchase of movables which a trader

sell to a consumer.



The law also applies in cases where the seller is not a trader,

If the purchase is conveyed for the seller of a trader. In such

case both trader and seller for seller's

obligations under the law.



The Act applies mutatis mutandis bytes of solving things.



In this section, '



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 activities.

Law (2002:587).



section 2 of the Act also applies to the order of a product to be

manufactured. If the requester shall provide a substantial

some of the material, apply in addition, paragraph 4(1) and 6

and 7 § § Consumer Services Act (1985:716).



The law does not apply to contracts which means that whoever shall deliver

an article will also perform the work or any other service, if

Service constitutes the bulk of his obligation.

Law (2002:587).



Contract terms that deviate from the law



paragraph 3 of the terms in comparison with the provisions of this

law to the detriment of the purchaser is without effect against that party, if

unless otherwise specified in the Act.



The first subparagraph shall not apply to the purchase of gas, which is delivered in

management, if the general terms and conditions applicable to such

supplies have been approved by the Swedish consumer Agency. Law (2002:587).



The delivery



Place of delivery



§ 4 subject of the contract, the goods shall be kept available for

pick up where the seller had his place of business at the time of purchase.



Time of delivery



§ 5 If it does not comply with the agreement when the goods are to be delivered,

it delivered without undue delay and no later than 30 days after

the agreement was concluded.



If the buyer has not received the credit, the seller is not obliged to

leave out the article until it is paid. Law (2014:11).



Delivery



section 6 of the product is discharged when it has arrived in the buyer's possession.



The cost of the goods



Article 7 subject to the provisions of the agreement, the seller shall be responsible for

transport costs and other costs for the goods arising before the

delivery and does not depend on the delivery has been delayed

as a result of any circumstance on the buyer's side.



The risk for the goods



section 8 if the buyer bears the risk for the goods, he is liable to pay the product even

If it has been destroyed, lost, impaired or reduced by an

the event that is not attributable to the seller.



The risk of the goods passes to the buyer when the goods are delivered.



If the purchase is agreed and the item was delivered, the buyer bears the risk of

the item until it is returned.



Seller's delay



What is meant by delay



§ 9 Delay at the seller exists if the goods are not delivered or

delivered too late and this is not due to the buyer or any

relationship on his part.



Penalties for delay



10 § at the delay at the seller, the buyer may withhold payment

According to section 11. He may choose to require the seller to fulfill your purchase

According to section 12 and to cancel the purchase under section 13. In addition, the buyer may require

damages from the seller under section 14.



The right to withhold payment



11 § the buyer may withhold as much of the payment required to

give him safety for his demands because of the delay.



The right to require the seller to fulfill your purchase



12 § the buyer may stick with purchase and require that the seller fulfills

purchase.



The seller is not obliged to fulfill the purchase, if there is a

obstacles that he cannot overcome or if the performance would

require sacrifices that are not reasonable with regard to the buyer's

interest of the seller to fulfill your purchase. If a relationship that has just

mentioned ceases within a reasonable time, the buyer may, however, require that the seller

fulfill the bargain.



The buyer loses the right to require the seller to fulfill the bargain, if he

waiting for unreasonably long to produce the requirement.



The right to cancel the purchase



section 13, the buyer may cancel the purchase if the seller's delay is of

essential to the buyer or if the purchaser before

the conclusion has informed the seller that the submission of

the product was last on a particular day is crucial that he or she

to conclude the agreement. The buyer may also cancel the purchase if the seller

announces that he or she is not going to deliver the goods.



If the buyer has requested that the seller delivers the goods in a

given a little extra time and if the additional time is not unreasonable

card, the buyer may also cancel the purchase if the goods are not delivered within

the additional time. While additional time runs, the buyer may rescind the

purchase only if the seller notifies you that he or she does not

will fulfill the purchase within that time.



If the buyer has demanded fulfillment of the purchase without indicating any

extension of time, the buyer may cancel the purchase if the product is not delivered

within a reasonable time after the claim was made.

Law (2014:11).



Right to damages



section 14 of the buyer has the right to compensation for the damage he suffers through

seller's delay, unless the seller shows that the delay is due to a

obstacles beyond his control that he could not reasonably have

anticipated at the time of purchase and the consequences of which he could not reasonably have

avoided or overcome.



The delay depends on someone that seller has contracted to completely or

partly fulfill the purchase, the seller is free from liability only

If the he has hired would be free under the first subparagraph.

The same applies if the delay is due to a provider that the seller has

hired or someone else in the previous säljled.



Notice of rescission and damages



section 15 Has the product been delivered too late, the buyer may not cancel the purchase or

claim damages due to the delay, if he does not, within a reasonable time

After he learned of delivery notifies the seller that he

cancels the purchase or to claim damages. If the purchaser cancels the purchase, need

He, however, did not leave specific message that he also would require

damages.



Notice of rescission or damages, in the case referred to in paragraph 1 of the second

paragraph, rather than be left to the professional.



Faulty goods



What is meant by error



section 16 of the goods shall, in respect of the nature, quantity, quality, other

characteristics and packaging conform to the provisions of

the agreement. It shall be accompanied by the necessary instructions

for its installation, Assembly, use, storage and

care.



Subject to the provisions of the agreement, the goods



1. be appropriate for the purposes for which goods of the same kind in

generally used,



2. be suitable for the particular purpose for which the buyer

concerned that the goods would be used, if the seller at the time of purchase must have

realized this special purpose,



3. comply with the description given by the seller

and have the properties that the seller has referred to by

submit the sample or model, and



4. be packaged on plain or otherwise justifiable way, if

packaging needed to preserve or protect the article.



The goods shall be deemed to be invalid,



1. If it differs from that provided for in the first or second

subparagraph,



2. If the seller prior to purchase has failed to inform the buyer if

such a State of affairs concerning the characteristics of the goods or

use that he knew, or should have known, and which

the buyer reasonably could expect to be enlightened if, during

condition that the failure can be assumed to have affected the

purchase or,



3. If the goods in any other respect deviate from what the buyer with

fog has been able to assume. Law (2002:587).



16 a of the seller as part of the execution of the purchase commitment

to install the software and have such an installation performed by

the seller or by another on his behalf, the goods

is considered invalid, if due to deficiencies in the installation

derogating from the provisions of paragraph 16 of the first or second

subparagraph or in any other respect deviate from what the buyer

reasonably have been assumed. Law (2002:587).



section 17 Even if a product has been sold in "as is" or with

a similar general subject, it shall be considered invalid, if

It is in worse shape than the buyer with respect to the price and

other circumstances reasonably have been assumed.



When a used to be sold at an auction, where buyers have

the opportunity to personally attend the sale, is considered the

sold "as is". For the purposes of the first subparagraph

in such case, account shall be taken of the estimate. Law (2002:587).



section 18 of the article is incorrect about the



1. sold in violation of a ban has been issued on the basis of

27 or 36 § product safety Act (2004:451) or against a

other sales ban in Constitution or

by a public authority substantially in order to prevent the

use the item affected by illness or accident, or to

otherwise preclude the use of a product which is not reliable

from a safety point of view, or



2. is so flawed that its use results in clear and present danger

to life or health. Law (2008:492).



19 § Error exists even if the goods are not in conformity with the

such data on the characteristics or use as

the seller has provided in the marketing of the goods or otherwise

prior to the purchase.



The goods must also be considered incorrect if it does not comply with

such data on its properties or use any

other than the seller, the seller's säljled or earlier


count, has left in the marketing of the goods or otherwise

prior to the purchase.



The first and second subparagraphs shall not apply, if the seller shows that

the data have been corrected in time clearly or to

the data have not been affected at the time of purchase. The second subparagraph

nor, if the seller proves that he neither knew or

should have known the details.



The article is incorrect even if the seller has failed to post

notice under the product safety Act (2004:451)

safety information about the product or failed to submit such

information about the characteristics of the goods or the seller

According to the Marketing Act (2008:486) has been ordered to leave.

The same applies if the injunction or obligation given

the product's manufacturer or someone else in the previous säljled

taken the position with the goods and the seller have known or

should have known about the failure to comply with the injunction

or imposition. A prerequisite for the goods shall be deemed to

invalid according to this piece, however, is that failure can

be assumed to have affected the purchase. Law (2008:492).



section 20 of the question if the article is incorrect must be assessed with regard to its

nature when it is delivered. The seller is responsible for defects that have been

at this point, even if the bug shows up only later.



If the buyer fails to timely retrieve or receive the product

be kept at the disposal of his Bill, however, does not respond to seller

deterioration that occurs afterwards and that depends solely on the private

nature.



A deterioration of the goods after delivery, the goods shall be deemed to

False if the deterioration is a result of the seller's breach of contract.



20 a of a bug that manifests itself within six months of the

the goods delivered shall be deemed to have been at delivery, if

not shown otherwise or this is incompatible with the nature of the goods or

the nature.



Upon purchase of the building components which are intended to constitute a

the main part of a one-or two-dwelling buildings to what

the first subparagraph errors that manifest themselves within two years after

delivery. Act (2004:553).



section 21 of the seller or anyone else on his behalf by a guarantee

or similar commitment committed to for a certain time to answer for

the goods or part thereof or to a property of the item, the error

be deemed to exist if the goods during the specified time is impaired in the

respect that commitment.



The first subparagraph shall not apply, if it is made plausible that the deterioration is attributable

at an accident or occurrence or neglect,

abnormal use or any similar relationship on the buyer's side.



21 a of the article has an error of law, if the third party has

ownership of the goods or has a lien or other similar

right in it and it does not follow from the agreement to the buyer shall

take over the goods with the limitation that third party rights.

Lag (2003:162).



Penalties for faulty goods



section 22 Is the product defective in accordance with §§ 16-21, the buyer according to 23,

24 and 26 to 29 sections require remedying, replacement, price reduction or

compensation to remedy the defect or cancel the purchase. In addition,

He may claim damages pursuant to paragraphs 30-32. He'll also keep

inside the payment under section 25. Lag (2003:162).



22 a of Has software a legal error under section 21A, the buyer may

According to section 23 of the first and second paragraphs, and according to 24 and 26 to 29

§§ require remedying, replacement, price reduction or compensation

in order to remedy the defect or cancel the purchase. In addition, he may require

damages under paragraphs 30-32. He may also withhold payment

According to section 25.



Notwithstanding the provisions of section 30 of the first and second subparagraphs shall be entitled

to compensation under section 32 for the damage he suffers through a

judicial error that existed at the time of purchase, if he neither knew

or should have known of the error.



Penalties of an error of law may also be invoked, if

a third party claiming that he has such a right referred to in section 21A

and there is probable cause for the claim. Lag (2003:162).



Notice of claim



section 23 of the buyer may not claim that the product is defective, if he

do not leave the seller notice of the defect within a reasonable time after

He noticed or should have noticed the error (complaint).

Message submitted within two months after the buyer

noticed the error shall be considered to have been lodged in due time. In case

referred to in article 1, second paragraph, notification of the error instead

be left to the professional.



Has anyone other than the seller committed to on his behalf

remedying errors in an article, can the claim instead of

him.



Buyer does not within three years from the time he has taken

receive the goods, he loses the right to rely on the error, unless

subject to the provisions of a warranty or a similar commitment.

Act (2005:62).



24 § notwithstanding section 23, the buyer may rely on the fact that the goods are faulty, if

the seller has acted grossly negligent or in breach of good faith

or if the defect is such as referred to in section 18.



The right to withhold payment



section 25 of the purchaser may withhold as much of the payment required to

give him safety for his claims on the basis that the goods are faulty.



Remedial and replacement



section 26 of the buyer has the right to require the seller to remedy the defect

or undertake redelivery, if this can be done without undue cost

for the seller.



In determining whether any of the penalties provided for remedial or

new delivery would result in undue cost to the seller shall

particular account shall be taken of the significance of the error, which

the value the goods would have had if it had been flawless, and on the other

the sentence could be carried out to substantially lower cost

for the seller and without significant inconvenience to the buyer.



Remedial or replacement shall be effected within a reasonable time after

the purchaser made its request and without cost or

significant inconvenience to him. Law (2002:587).



section 27 Requires the buyer a different penalty than remedial or

Despite this new delivery, the seller has the right to, at its own expense,

take such action, if he after the complaint has been

without delay he received offers to do so and

operation can take place within a reasonable time thereafter and without cost

or significant inconvenience to the buyer.



The seller must not rely on the fact that he has not been given the opportunity to

remedy the defect or make a new delivery, if the buyer has remedied

error and having regard to the circumstances not reasonably

could require that the buyer would await remedial or

new delivery from the seller. Act (2005:62).



Right to a price reduction or rescission



section 28 on remedying or replacement no question or

does not occur within a reasonable time after the complaint or cannot

happen without significant inconvenience to the buyer, the buyer may require

price reduction corresponding to the error or cancel the order under section 29.



The buyer has the right to compensation for the cost of

remedy the fault, to the extent that this cost is not unreasonably high

or is covered by the buyer obtains a price reduction.



The buyer, however, shall not be entitled to a price reduction on purchases of used

goods at an auction where buyers have the opportunity to personally

attend the sale. Law (2002:587).



section 29 of the purchaser may cancel the purchase, if the error is essential for

him.



Damages



section 30 of the buyer has the right to compensation for the damage he suffers by

the article is incorrect, unless the seller shows that failure to

deliver a flawless be due to an impediment beyond his control that he

could not reasonably have foreseen at the time of purchase and the consequences

He could not reasonably have avoided or overcome.



Is because the failure to deliver a flawless, be someone who the seller

has hired to completely or partially fulfill the purchase, the seller is free

from liability only if the he has engaged

would be free under the first subparagraph. The same applies if the fault depends on

a provider that the seller has retained or someone else in the previous

säljled.



The buyer always has the right to compensation if the goods at the time of purchase deviated from

what the seller is particularly committed.



section 31 of the seller's liability under section 30 also includes

damage due to failure of the goods sold shall be incurred on the other

the property of the buyer, or any member of his household

and the property is intended primarily for purposes which are

outside business activities. Act (2005:62).



The damages at the seller's delay and failure of

software



32 § Damages due to seller's delay or failure of the product

includes compensation for expenses, loss of income, such price difference

referred to in section 33, and the other loss due to the delay or error.



Damages under this Act does not cover in cases other than those referred to in

section 31 of the compensation for loss suffered by the purchaser are added by damage to other

than the goods sold.



The seller and the buyer can negotiate contracts that the compensation referred to in the first

or the second subparagraph shall cover the loss in trade.



Price difference



section 33 Has been waived and purchase the buyer made a contribution to the purchase price,

covers the damages compensation for the difference in price between the two

the purchases, about service purchase made with sufficient care and within a reasonable

time after the purchase was lifted. Otherwise, if the open price

for such goods which the purchase relates at the time of the termination exceeds

price under the purchase, the damages this price difference.



The adjustment of damages



34 section if the obligation to pay damages on the basis of the seller's delay


or breakdown would be an unfair burden with respect to the

skadeståndsskyldiges economic conditions, can the damages be reduced

According to what is equitable. In that regard, shall also be taken into account in the present

insurance and insurance opportunities on the buyer's side, the

skadeståndsskyldiges ability to anticipate and prevent damage and

other special circumstances.



Price, etc.



What price the buyer shall pay



section 35 If a fixed price is not following the agreement, the buyer shall pay

What is reasonable having regard to the nature and nature, common

price at the time of purchase as well as the circumstances in the other.



Time of payment



section 36 If the timing of the payment does not comply with the agreement, the buyer shall

pay when the seller asks for it, but not until the goods are kept buyer

to handa.



Cancellation



section 37 if the buyer cancels the goods until it has been delivered, the seller

no right to stick with purchase and require payment. Instead,

He is entitled to compensation under section 41.



The buyer's delay



What is meant by delay



§ 38 Delay on the buyer's side exists if the price is not paid in the right

time and this is not due to seller or any relative of his

page.



Penalties for delay



section 39 at the delay of the purchaser, the seller may withhold the goods according to the

§ 5. He may choose to require the buyer to pay the price or,

According to § 40, cancel the purchase. If the seller cancels the purchase, he may also require

damages by the buyer in accordance with paragraph 41.



Rescission



section 40 of the seller may cancel the purchase if the buyer's delay in payment forms

a material breach.



The seller shall be submitted to the purchaser a fixed extension of time for payment and

is it not unreasonably short, may purchase also lifted if the buyer does not pay

within the additional time. While the additional period the seller may declare the contract avoided

only if the buyer announces that he will not pay within this

time.



Has the product been in possession of the buyer, the seller may declare the contract avoided only

If he has reserved the right to this or if the buyer refuses the

software. Since the price has been paid in full, the seller may not cancel

purchase.



Damages



41 § seller Cancels the purchase or the buyer cancels the goods in accordance with § 37

the seller is entitled to compensation for



1. specific costs which he has had to enter into and perform

agreement to the extent that he can not assimilate these in any other way,



2. specific costs resulting from the termination or cancellation;

as well as the



3. loss otherwise by an amount that is reasonable in view of the price

of the goods, the date of termination or cancellation, the scope

of work and circumstances in General.



The seller may reserve a predetermined compensation upon termination

or cancellation, if it is reasonable in the light of the normal

may be expected to lie with a seller as compensation under the first subparagraph.



The seller is not entitled to compensation under the first or second subparagraph

If the buyer cancels an item before the seller has accepted an offer

that the buyer has provided to the seller. The seller has no right to

replacement if the buyer proves that the delay or cancellation is due

at law, disruptions in public transport or payment intermediation

or other similar obstacles that the buyer could not reasonably have

anticipated at the time of purchase and the consequences of which he could not reasonably have

avoided or overcome.



Common provisions



Limitation of damages



42 § the injured party shall take reasonable measures to

limit their damage. He neglects it, he must bear a corresponding

part of the loss.



Effects of cancellation and replacement



43 § Of the purchase, the seller's obligation to lapse

hand over the goods and the buyer's obligation to pay

the purchase price.



To the extent that the purchase has been completed, each party may require that

the opposing party shall, without undue delay, return what he or

She has received. Any person may then withhold what

been received until the other gives out what to leave

back and pay or acceptable security for

damages and interest that he or she may be required to

pay.



If the seller shall undertake a new delivery, the buyer may withhold what

He or she has received until the replacement is done.

Law (2014:11).



44 § Cancelled the purchase, the buyer shall give out the return of the goods which he has

a review and pay reasonable compensation, if he has had another benefit of

software.



If the seller shall return the payment, he shall pay interest

from the day he received the payment.



Loss of right to cancellation and replacement



section 45 the buyer may declare the contract avoided or to require replacement only if he can

Please return the goods substantially unchanged and undiminished.



The right to cancel the order or to request redelivery is not lost, if



1. the product has been destroyed, lost, impaired or diminished by their

own nature or any other relationship that does not depend on

the buyer,



2. the goods have been destroyed, degraded or diminished as a result of an action

that have been necessary to consider whether the product is flawless,



3. goods used by the purchaser for the provided service before he realized or

should have realized that there was an error that gives him the right to cancel the

purchase or require replacement.



The right to cancel the order or to request redelivery is not lost,

If the buyer replaces the seller the reduction in the value of the goods which is a

due to the product has deteriorated or been reduced.



Claims against traders in previous säljled



§ 46 if the seller is insolvent, has ceased its business activities

or cannot be reached, the buyer shall be entitled to pursue remedies on the basis of

faulty goods to a trader in former säljled who have left

goods for resale.



The first paragraph only applies to the extent the corresponding claim

because of the error could have been made against the trader in previous

säljled of the acquired goods from him. Agreements which restrict

the right to make claims against the purchaser, however, may be relied on only if

such a restriction would have agreed with binding effect between the

He and the seller. Lack of complaints in the previous step is without

importance to the purchaser's right.



If the buyer wants to pursue remedies under this section against a trader

in previous säljled, can claim under section 23 is made of him or

with the seller. Have a complaint not made with the trader in previous

säljled, the buyer loses its right against him, if he does not notify the

trader of its claims within a reasonable time after he realized

or ought to have known, that he had reason to make the claim.



Some messages



47 § has a message that the buyer shall provide the seller or any

other under 15, 23, 26 or section 46 dispatched appropriately,

get the message invoked even if it is delayed, mutilated or not

will arrive. The same applies to a notice with the imposition of

the additional time which the seller can leave the purchaser under section 40.



Choice of law



48 § a term indicating that the law of a country outside the

The European economic area shall apply to

the agreement does not apply in respect of the purchase under this law, if the law

as far as disregarding the condition is the law of a country

in the European economic area and the law

buyer protection. Law (2002:587).



Relationship to the seller's creditors



49 § Purchases under this Act applies to the seller's creditors, and

with the agreement. When purchasing does not relate to a specific article, will purchase

not, however, be invoked against creditors until action has been taken

by separation or marking of the goods, note if the item

in an accounting document or in any other manner so as to

indicates that the goods are intended for the buyer. Law (2002:587).



Transitional provisions



1990:932



This law shall enter into force on 1 January 1991.



The Act repeals the Consumer Protection Act (1973:877).



In the case of contracts concluded before the entry into force for older

regulations.



2002:587



1. this law shall enter into force on 1 July 2002.



2. in the case of contracts concluded before the entry into force applies

older provisions.



2003:162



1. this law shall enter into force on 1 July 2003.



2. in the case of contracts concluded before the entry into force applies

older provisions.



2004:553



This law shall enter into force on 1 January 2005. Older regulations

apply to contracts concluded before that.



2005:62



1. this law shall enter into force on 1 april 2005.



2. in the case of contracts concluded before the entry into force applies

older provisions.



2014:11



1. this law shall enter into force on 13 June.



2. Older rules applicable to contracts concluded before

the entry into force.

Related Laws

1987 Trade Law