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.
