The Sales of Goods Act

When is the Sales of Goods Act applicable? 

• For all purchases of goods between private individuals, i.e. when you buy something from or sell something to another private individual. Goods include personal movable property such as cars, clothes, household appliances and furniture. 

• When a commercial enterprise sells goods to another commercial enterprise. 

• When you, as a private person, sell goods to a business. 

When is the Swedish Sales of Goods Act not applicable? 

• When you as a private individual purchase goods or services from a commercial enterprise.

• When you as a private person purchase a service from or sell a service to a private person. 

Provisions in applicable legislation 

Delivery of the goods 

The goods are to be delivered at the date mutually agreed upon by the buyer and the seller. If the parties have not agreed on a delivery date, the statute says that the goods must be delivered within a reasonable period of time. What constitutes a “reasonable period of time” is assessed on a case-by-case basis. The seller is never obligated to deliver the goods to the buyer before the buyer has paid for them.

Overdue delivery 

If the seller does not deliver the goods on the agreed date, the buyer has the right to request performance, i.e. for the seller to fulfil the contract for the purchase of the goods and deliver it. In other words, the seller delivers the goods even though the delivery is late. It is also possible for the buyer to agree to a new delivery date with the seller, an extension of time for delivery. The additional time for the extension should be reasonable. If the seller does not deliver the goods within the extended period time, the buyer is entitled to rescind the contract. The buyer is also entitled to compensation for costs incurred as a direct consequence of the delay. 

Who is responsible for the goods? 

The point in time when the buyer takes over responsibility for the goods from the seller depends upon the manner in which the goods are delivered to the buyer. 

• If the buyer collects the goods from the seller, the buyer takes over responsibility for the goods when the buyer has collected them. 

• If on the other hand the seller transports the goods to the buyer, the buyer takes over the goods when they are handed over. 

• If the seller ships the goods to the buyer with the help of a transport carrier, the buyer takes over responsibility for the goods when the seller hands them over to the transport company. The buyer is therefore responsible for the goods during the delivery itself. There is however one exception to this rule. If the transport takes place within the same city, the seller is also responsible for the goods during transport to the buyer. 

In what situations are the goods considered to be defective? 

When a person buys goods from another private party, it is primarily what is stated in the contract between the buyer and the seller that determines if and when the item is considered faulty/defective. As the provisions in the Sales of Goods Act are not compulsory, a seller can disclaim responsibility for any defects in the goods. This is very common if the item is a used/second-hand item. 

An item sold may be regarded as defective even if there is a disclaimer of liability in a contract between buyer and seller. The goods are regarded as defective if: 

• they are not what the seller represented them as being 

• they are in a much worse condition than a buyer would expect, for instance based on what the price paid was 

• the seller has failed to disclose serious defects in the goods of which the seller was aware. 

If an item is defective, the buyer has the right to lodge a complaint with the seller asking for redress. 

Further information about sales between private individuals (C2C) 

Your rights when the goods are faulty – lodging a consumer complaint 

If the item is defective, you as the buyer should complain to the seller. This means that you contact the seller and explain what is defective with the goods. The complaint must always be made within a reasonable period of time after you have become aware of the defect. 

According to the Sales of Goods Act, you can lodging a claim for a defect in a product for two years from the day you purchased the product. 

What you can claim when the item is faulty 

When there is a defect in a product, the principal rule is that the seller is entitled to repair the item or give you an equivalent item as replacement for the defective one. 

If the seller cannot repair the item or provide you with a item that is equivalent, you are entitled to a reduction in price or you can rescind the purchase contract. Rescinding the purchase contract means that the item is returned to the seller and you get a refund for the money you paid. For you to be able to rescind a purchase, the defect in the item must be of significant importance to you. 

Further information about seeking redress after a purchase between private parties 

Obligations of the buyer 

As the buyer, you are bound to pay what you and the seller have agreed upon. If for any reason the goods you have purchased need to be returned to the seller, you are under an obligation to take good care of them until they are received in return by the seller. This is called your duty of care vis-à-vis the goods. 

The seller’s obligations 

As a seller, you are obligated to take proper care of the goods until they have been delivered to the buyer. This is called your duty of care vis-à-vis the goods. 

If the buyer and seller cannot reach a mutually agreed solution 

If something goes wrong with the purchase and the seller and the buyer cannot reach a mutually agreed solution, you can seek redress via the district court. The court charges a filing fee and the party who loses the case in the district court may be ordered to pay the other party’s filing costs and legal fees. 

Find out how to settle a dispute in court

Full text of the statute 

Read the full text of the Swedish Sales of Goods Act on the website of the Swedish Parliament (In Swedish)