Your legal rights when purchasing eyeglasses

Keep this in mind

• You do not always have a statutory right of withdrawal when you purchase glasses, but you may be able to cancel an order.

• When you buy glasses, the Swedish Consumer Purchases Act regulates recourse in the event of defects or other problems, delayed delivery, and cancellation of an order.

• However when you lease glasses for a monthly fee, it is not the Swedish Consumer Purchases Act but rather the contractual terms and conditions that you have agreed to that govern what applies.

If you lease the eyeglasses or have the eyeglasses on a subscription

It is not uncommon for companies to offer leasing or rental of glasses. This can also be called a subscription, or membership. When you take out a subscription for glasses, you pay a fixed monthly fee for a predetermined period of time, such as for two years. When you enter into the contract, you commit yourself to paying for the entire commitment period for the contract. Therefore, you cannot expect to be able to cancel the contract in advance the end of the term.

The terms and conditions of the contract govern your rights and obligations

If you rent or lease the glasses, the Consumer Purchases Act does not apply. This means that there is no specific legislation governing your rights.

When leasing or any other type of rental agreement for glasses, you will need to read the terms and conditions of the contract to know what applies in the event of, for example, something faulty with the glasses or damage, or if you have questions about the monthly fee and the commitment period.

After the subscription period has ended

The terms and conditions should state what happens after the subscription period has ended. Always check the terms and conditions to find out when and if you need to explicitly cancel the contract or if it will end automatically.

When leasing or renting glasses, you do not own the glasses. This means that you may need to return the glasses when the contract period has ended. Often there is an option to purchase the glasses or sign up for a new subscription. Check with your shop to see what applies in your particular case.

If you and the company cannot reach an agreement

If you and the company cannot reach an agreement, you can refer the dispute to the National Board for Consumer Disputes (ARN), irrespective of whether it is a lease or a purchase.

If your new glasses give you poor vision or make you feel dizzy

It may take some time to get used to your new progressive lenses. Blurred vision, dizziness or even feeling nauseous from your new glasses may be normal. If the glasses are new, you usually need to wait a few weeks to see if the problems disappear on their own.

If the problems do not resolve within a few weeks, you can speak with the company you purchased the glasses from to see if there is a problem with the prescription. Remember to lodge a complaint within two months, by when you will have made a reasonable effort to resolve the issue, pursuant to the provisions of the Consumer Purchases Act.

If the eyeglasses are faulty in some way or are damaged

If the glasses you purchased from a retailer are faulty in some way, you have legal rights to claim redress pursuant to the statutory guarantee. Pursuant to the statute, you have three years within which you can lodge a consumer complaint to enforce the statutory guarantee. Lodging a consumer complaint means that you contact the company and inform them about the fault. It is advisable to raise the issue in writing, for example perhaps by e-mail. You then will have evidence showing that you sought to assert your consumer rights and when.

The company is under an obligation to provide a remedy the fault or defect is an original defect. An original fault with the eyeglasses is a fault that was already present when you first received them. Examples are manufacturing faults that cause the glasses to break or that the glasses do not match your visual problem or impairment.

You are not entitled to make a claim for faults caused by your negligence nor for normal wear and tear.

You can request the company to rectify the fault without cost to you

When you lodge your complaint, you can start with asking for the glasses to be repaired at no cost to you or for a new pair of equivalent glasses. If this is not possible, you insist on that the purchase be rescinded. This means that the purchase is reversed and you get your money back. According to the law, normally the company has the right to attempt to rectify the defect before the purchaser can demand a rescission.

If you incur extra costs

If you incur extra costs as a result of your warranty claim or other claim, the company is obligated to reimburse you. Examples of what are known as extra costs could be that you have had to drive back and forth to the shop several times.

However you cannot claim compensation for the inconvenience or time you spent submitting the complaint about the fault.

For you to claim financial compensation, you will need to be able to show proof, such as receipts or certificates, of the costs you have personally incurred. The costs must be reasonable and directly related to the fault.

Who has the burden of proving what the cause of the fault is?

Any fault or malfunction detected in the first two years is automatically considered to be an original defect. During this period, it is only necessary to show that there is a fault or malfunction; you are not obligated to prove the cause of the fault or malfunction. To avoid liability, the company must be able to show that the fault or malfunction is attributable to something you did (you are at fault) or that the defect is normal considering condition of the product.

After two years, the burden of proving the fault is on you. If the company does not agree that the fault or malfunction is an original defect, you need to think about how to prove that it actually is. For example, sometimes you may need to contact an industry expert to help you troubleshoot the malfunction or other problem, or to obtain a statement confirming that the fault or malfunction appears to be an original defect.

If the eyeglasses are not delivered on time

The glasses must be delivered within the time agreed upon between you and the company, otherwise the glasses will be considered as being late. If you have not agreed on a delivery date, you should expect to receive the glasses within 30 days of ordering them.

What can you claim in the event of a delay?

In the event of a delay, you need to start with objecting to the delay and insist that the glasses are supplied to you. When you complain, you need to give the company a reasonable amount of additional time, meaning a final date by which you expect the company would provide you with the eyeglasses you ordered. Keep in mind that the additional time must be reasonable under the circumstances. The company should be given a reasonable chance to provide the glasses from the day express your complaint about the delay.

It is advisable to make your complaint in writing, for example by e-mail. You then will have evidence showing that you have made demands of the company and when.

If you do not receive the glasses within the additional time, you can insist on cancelling the purchase. If you rescind, the purchase is annulled and you are no longer obligated to pay for the glasses.

If you change your mind and would like to cancel the purchase of the eyeglasses

When you buy something at a distance, for example online or over the phone, you have the right of withdrawal. You don’t have the right of withdrawal if the product is specially made for you, for example if you buy prescription glasses.

Read more about right of withdrawal: You have no statutory right of withdrawal when you purchase glasses in the shop. Nevertheless, some shops offer a “satisfaction guarantee,” a defined period during which the customer can return their purchase and get their money back. Sales terms with a satisfaction guarantee is a strictly voluntary offer from the shop; there is no legal requirement for a merchant to offer this.

Read more about returning or exchanging goods:

Right to cancel before delivery

Until you receive the glasses, you always have the right to cancel the order. However be aware that you may be required to reimburse the company for any costs they incur as a result of the cancellation. Any request for reimbursement must be reasonable in relation to the costs incurred by the company. Therefore the amount of the reimbursement will vary depending on whether the company has already produced your glasses. If they have not started production, the cost of cancellation is most likely to be much lower than if the glasses are finished and cannot be sold to someone else.

Request assistance from ARN if you can’t arrive at a mutually agreed solution with the company 

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. 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 an application on ARN’s website  

Would you like assistance in preparing your complaint? 

The municipality’s consumer adviser may be able to assist you in submitting a complaint to ARN. 

Settle the dispute in court

Your dispute with the company can also be taken to a district court by filing a lawsuit, but there will be costs involved in this. You will need to pay a filing fee and may also have to pay legal fees and court costs.