Right of withdrawal
Ångerrätt - Engelska
Having a right of withdrawal by law means that you have 14 days to withdraw from a purchase that you made off-premises, for example online. The rules regarding right of withdrawal is the same within the EU, Norway, Iceland and the United Kingdom.
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Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
When do I have the right of withdrawal?
The right of withdrawal means that you have the right to return a product or withdraw from the order of a service.
The withdrawal period, meaning the time you have to withdraw from the purchase, is 14 days, when you have purchased something at a distance, for example online or over the phone.
You don’t have the right of withdrawal when you shop in a physical store. However, some companies offer free returns or the right of replacement.
You don’t have the right of withdrawal when you purchase something from a private individual.
Your right to inspect the product
If you buy a product, you have a right to inspect it in the same manner as you have the opportunity to do in a physical store. But in some cases, the company may have a right to compensation because the product decreased in value. This is usually called a depreciation deduction. Such a deduction is only relevant if you have examined or used the product more than necessary.
If you buy a pair of shoes, you have the right to try on the shoes to see if they fit. But if you, for example, use the shoes outdoors, the company may have the right to make a deduction to clean the shoes.
Your written approval is required in telemarketing
For phone sales, by law, the company must get your written approval for the agreement to be valid. This applies if the company phones you, or if you were encouraged by the company to phone them. If you have not approved the agreement in writing, it is invalid and you have no payment obligation to the company. If you phone a company on your own initiative to buy something, a written agreement is not required.
Example of valid written approvals
A written approval can have various formats. For example you can:
Sign a paper sent to you in the post
Approve electronically by email or text message
Approve by Bank ID
The approval must take place after the call so that you have time to think about the offer. So it is not OK for the company to encourage you to approve the offer during the call.
Dispute an invoice if you have not provided written approval
If the company demands payment from you even though you have not approved of the offer in writing, you can protest and point out that there is no agreement.
When do I not have the right of withdrawl?
Exceptions to the right of withdrawal
There are a few products and services that are exempt from the right of withdrawal.
Products
A specially made product that was made based on your description
Single copy of newspapers or magazines
Goods with a total value of less than 400 kronor (applies to door-to-door sales)
A product that can rapidly deteriorate or become too old, such as certain kinds of food
Products with a broken seal cannot be returned due to health or hygiene reasons, such as underwear
Digital content, such as programs, apps, games or music, that are delivered digitally, if you agreed that the deliver takes place that way and that you do not have a right of withdrawal
Services
All kinds of travel, such as charter trips, air, rail and bus travel
Hotel stays or letting of lodging
Casino, betting or other lottery services
A service performed and completed on a single occasion by using the telephone
Services that take place on a certain day or during a set time period, such as car hire, serving/catering, cultural events, sports events or some other similar leisure activity.
Construction of a building or other permanent facility on land or water, such as the installation of drainage
Regular delivery of food, such as delivery of grocery bags
A service that has been completed if you agreed that the service begins to be performed and that there is no right of withdrawal once it has been completed
An urgent repair or maintenance measure in your home if the visit takes place on your initiative and the repair or maintenance measure is connected with this.
Sometimes you can cancel your purchase
Even if you don't have a right of withdrawal, you may still have the right to cancel your purchase. The rules vary depending on what you bought.
Products
According to the Consumer Sales Act, you have the right to cancel an order for products that have not been delivered. However, you may need to compensate the company for any costs incurred due to the cancellation. The compensation is determined on a case-by-case basis and depends, among other things, on how close to the delivery date you cancel. When you want to cancel, it is advisable to contact the company in writing.
Services
You have the right to cancel certain services under the Consumer Services Act, as long as the service has not been completed. The right to cancel applies to work performed on movable or immovable property. Examples of such services include:
car repair (work on movable property)
construction of a new house (work on immovable property)
painting work (work on immovable property)
cleaning service (work on immovable property)
If you cancel, you may need to compensate the company for any costs incurred due to your cancellation, such as for work that has already been performed. The compensation is determined on a case-by-case basis. When you want to cancel, it is advisable to contact the company in writing.
The right to return or exchange a purchase
Some companies offer their customers the right to return their purchase or exchange it. These rights are offered voluntarily. This means that some companies offer a 30-day return policy while others do not offer it at all. Companies may also have pregulations stating that, for example, you cannot return an item if you have opened the packaging, removed the price tag or lack a receipt. More information about your right to return or exchange goods
How can I use my right of withdrawl?
1. Notify the company that you changed your mind
In order for you to be able to prove that you changed your mind, it is best to notify the company in writing, such as by email. There are no special requirements on how you should word yourself beyond that it must be clear that you want to exercise your right of withdrawal.
If you received a withdrawal form from the company, you can use it if you want. If you send the form by letter to the company it is good to photograph the form or take a copy so that you still have documentation that you withdrew from the purchase.
The company does not need to confirm your notification of the right of withdrawal for it to apply. So you do not lose your right of withdrawal if the company does not answer you.
Notify the company within 14 days
What is important is that you can prove that you informed the company of the right of withdrawal and that you did so within 14 days. The days start counting from the day after you received or picked up the item. For example if you got the item on a Wednesday, the withdrawal period starts from Thursday.
If you purchased a service, the withdrawal period is 14 days from the day after you entered into the agreement (for example when you accepted the company's offer, placed an order, or signed a contract).
You can change your mind immediately after placing an order. You do not have to wait until you receive the item.
If you don't have the company's contact information, you can find it in:
the order confirmation
the agreement
the terms of the agreement on the company's website.
The withdrawal period can be extended
Normally, you have 14 days to exercise the right of withdrawal, but depending on the information you received in connection with the purchase, the withdrawal period can be extended.
By law, the company must give you the following information on the right of withdrawal in order for the 14 days to begin counting:
That there is a right of withdrawal
How much time you have to change your mind
What to do to withdraw from the purchase
Give you a standard form you can use when you want to withdraw from the purchase or inform you where you can find such a form.
If the company has not given you the information on all points, you can change your mind even if more than 14 days have passed. So your withdrawal period can be extended. The withdrawal period can be extended by one year at most.
It is the company that must be able to prove that you have received all the information on the right of withdrawal. If, for example, you shop online, it is common for the information to be in the terms on the company’s website.
How to use your extended right of withdrawal
Contact the company in writing.
When you have not paid yet
If you regret your purchase within the right timeframe, you are not obligated to pay for the item. Notify the company that you have changed your mind and at the same time, let them know you will not be paying.
When you pay by invoice or installment, it's common for the payment to be handled by someone other than the company you purchased from. In that case, you need to inform both the company you bought from and the company that issued the invoice that you won't be paying.
2. Send the product back to the company
When you withdraw from a purchase, you need to send back the product to the company’s return address. Make sure to get a receipt for the return and keep it as proof.
You must yourself pay for the return freight, on condition that the company has informed you of this in connection with the purchase. It is usually stated in the company’s terms about the cost for the return freight and how to send the product back.
How and where to return the item purchased
Check the conditions to see if it states how and where to send the return.
Contact the company and ask.
If you do not receive an address, you should be able to send it to the return address or the address where the company is registered. Make sure to get a receipt for the return and keep it as proof.
If you have not picked up the item purchased
If the item is at a postal agent, you need to collect it, even if you have changed your mind. If you ignore collecting the item, you risk having to pay a fee. After collecting the item, you need to send it back to the company.
If the company informs that you do not need to collect the item, it is important to get that information in writing or, for example that it is stated in the company's terms of purchase.
When the company is supposed to refund you
When you notify the company that you have changed your mind, the company has 14 days to refund you. However one condition for your refund is that the company has received the item back from you, or that you can prove that you have sent it back.
You should receive the money back in the same way you paid. For example if you paid by card, you should receive the money back on the card. You do not have to settle for a credit note.
In some cases you may not receive the full amount
When you change your mind, you should receive the full amount back. The company is not allowed to deduct administrative fees or similar.
However, in some cases, the company may have the right to be paid for a service that has been started before you change your mind. An example is if you sign an electricity contract and request immediate delivery of electricity. If you change your mind after a week, the company may demand payment for the electricity you have already consumed. Therefore, it is not certain that you will receive the full amount back. If you have not paid yet, you may need to pay a smaller amount to the company.
What if I do not reach an agreement with the company?
Swedish companies
Do you need help clarifying your rights or want to discuss how to proceed with your case? In that case, you can contact the municipality's consumer guidance or the guidance provided by our national information service.
Municipality's Consumer Guidance
Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.
The Swedish Consumer Agency
If you need guidance, you can contact our national information service. We can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.
Companies within the EU, Norway, Iceland and the United Kingdom
If you are residing in Sweden and the company you have issues with is registered in another EU country, Norway, Iceland or the United Kingdom, you can receive free advice from ECC Sweden. ECC Sweden is part of a network of consumer offices within the EU. In some cases, ECC Sweden may share the case with a sister office in another country to attempt to reach a solution through mediation.
Contact ECC Sweden
To get assistance with your case, you need to ensure that you have filed a written complaint to the company. To ECC Sweden, you need to submit a description of the problem and documentation showing what has happened. Documentation is necessary if your case is to be shared with any sister office in another country. Remember to keep your originals and only send copies to ECC Sweden.
Send your case via email to: konsumenteuropa@konsumentverket.se
The email should include:
Your first and last name and the name of the company you purchased from
A description of the problem and how you want the company to resolve it
The date you placed the order and the date you received it
The price of the item/service and how you paid
Documentation as evidence of your case
Examples of documentation:
Agreement/terms of agreement
Screenshots of advertisements
Invoice/receipts for purchases
Complaint or right of withdrawal notice
Once you have submitted your case, you will usually receive a response within approximately one month.
ECC Sweden can not
Force a company to act according to the law. The work is based on the company being willing to cooperate with the ECC network to reach a resolution.
Mediate in a case if we cannot identify the seller or if the seller refuses to cooperate with the ECC network.
Act as legal representation or assist when the consumer has already initiated legal proceedings.
Assist in purchases between businesses or purchases between individuals.
If you have any questions
ECC Sweden is part of the Swedish Consumer Agency. Do you need help clarifying your rights or want to discuss if and how you can proceed with your case? Then you can contact us at the information service.
Contact the information service
If you receive an invoice even though you withdraw the purchase
If you receive deliveries or invoices despite having canceled the purchase, you are not obligated to pay. However, you need to dispute (protest against) the incorrect invoice. This means notifying the company that you will not pay and explaining why. You need to be able to provide proof that you canceled the purchase within the correct timeframe. Refer to your notice of withdrawal when contacting the company to dispute the invoice.
Sometimes you may need to pay for the service you used
In some cases, companies may be entitled to payment for a service that has already begun before you changed your mind. An example is if you purchase a streaming service and gain immediate access to the content. If you change your mind after a week, the company may demand payment for the week you had access to the service.
Debt collection or payment remarks
Just like with an invoice, you can dispute an incorrect debt collection claim. You do not risk receiving a payment remark just because you dispute an incorrect claim from a debt collection agency. If the claim is incorrect, it's important that you dispute it with both the debt collection company and the company you made the purchase from.
Have your case reviewed
Contact the National Board for Consumer Disputes
If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN).
ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.
A normal processing time is approximately six months.
What does it cost to file a complaint with ARN?
It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favor.
Requirements for ARN to consider your case
The company has either rejected your claims or has not responded within a reasonable time.
The amount you and the company are in dispute about is more then ARN's value limitations (different value thresholds apply for different fields). You cannot include the application fee to ARN.
You file the complaint within one year from the first time you complained to the company.
Submit a complaint on ARN's website
If you need help with your complaint
Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.
Settle the dispute in court
If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten). It costs money to file an application with the court.
For a dispute involving a claim of up to 28,650 Swedish kronor (half a price base amount in 2024), known as a simplified litigation or small claim, the application fee is 900 kronor. If the claim exceeds 28,650 kronor, or if the dispute does not concern a specific amount, the application fee is 2,800 kronor. If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited. Learn how a lawsuit is handled in the district court on the website of the Swedish Courts (in Swedish)
Source: KonsumentverketKonsument Europa
Proofread: 28 March 2024
This website is co-financed by the European Union. ECC Sweden is part of the Swedish Consumer Agency and is co-financed by the EU.
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