How to complain against a defective product

The information is based on your rights according to the Consumer Purchase Act.

The right to complain is your right to report defects in a product you have purchased. In Sweden, you have the right to complain for 3 years, and within the EU for at least 2 years.

You need to complain within 2 months from the time you discovered the defect. If you wait longer, you may lose your right to demand anything from the company.

Missing the original packaging? You still have the right to complain.

You can complain about defects in the following cases:

• The product being defective, functioning poorly or being broken. The product may have visible faults, such as damage during transport. A product could also have invisible faults inside the product, that cause it to function poorly or not at all.
• If the product does not match the information provided. For example, if the product is delivered in a different colour or size or lacks a function that was included in the description.
• The product not being suited to its purpose, such as a rain jacket that is not water resistant.

The fault or defect must be original

In order for a product to be considered faulty or defective by law, the fault or defect must be original. An original defect is such a defect that was already in the product when you bought it or received it. The defect need not present itself directly; it may involve an original defect even if the defect becomes apparent after some time.

Firstly: that you have the fault fixed or be given a new product

The fault being fixed means that the company corrects the defect, by repairing or replacing a defective part, for example.

The other alternative is that you be given another, non-defective product. If the company cannot offer the same product, it may be acceptable to receive a product that is equivalent. Equivalent means that it has the same type of characteristics as the one you purchased.

Suggest to the company yourself which solution you would prefer. However, if the company can proof that it would be an unreasonably large cost to give you a new product, compared with making repairs, they usually have the right to make the repairs.

Secondly: that you receive a price reduction

The price reduction should match the defect, such as what it costs to have the defect fixed by another company.

If the product has a cosmetic flaw that does not affect its functionality, a price reduction may be considered without correcting the flaw.

There are no set deductions. What is reasonable is determined on a case-by-case basis.

Thirdly: that you can revoke the purchase

A revocation means that the purchase is annulled, in other words that the company takes back the product and give you a refund.

If the product is sent back to the company, it is the company that must pay for shipping.

If you have already paid, you should receive the refund in the same way you paid. So, if you paid in cash or with a card, you do not have to settle for a credit note or a gift card.

Cover purchase

If the purchase has been cancelled and the consumer is thus forced to buy another product that costs more than the original one, you have the right to demand the price difference from the company. Such a cover purchase must always take place within a reasonable period of time and with a certain amount of care, inter alia, with regard to the price and quality of the item.

Do you not want to let the company repair the fault?

Usually, the company has the right to attempt to adjust the fault.

For you to be able to cancel the purchase immediately, the fault must be serious and of significant importance.

The company may need to conduct an investigation to determine what is causing the defect or how it occurred.

If it turns out to be a defect the company is not responsible for, the company may have the right to charge for the investigation. For them to have this right, you should have been informed about the fee before the investigation was conducted.

As long as the company has the burden of proof, within the first two years after purchase or when you have a warranty, you can argue that you should not have to pay an inspection fee.

How long may a repair take?

The company must repair the defect within a reasonable amount of time.

What a reasonable amount of time is has to be judged case by case, and depends, among other things, on what kind of defect it is and your need to have the product fixed.

If you have been offered a replacement product on temporary loan, a longer repair time may be OK.

Number of repair attempts

How many attempts the company has to try to repair the fault often needs to be determined on a case-by-case basis. It depends, among other things, on the type of fault it concerns and how much it affects you.

Has the company been unable to fix the defect and the defect affects you significantly? Then you may have the right to refuse multiple attempts and instead demand to cancel the purchase.

Revoking means that you return the item and get your money back.

In general, you cannot demand to return the product because you discovered a fault. The company you purchased it from usually should have the chance to fix the fault.

To have the right to revoke the purchase, the following conditions are required:

• The fault is significant and serious
• The company does not fix the fault within a reasonable time
• The company has attempted to repair the fault without success

If you believe you have the right to return the product and get a refund, you must argue for it. Contact the company in writing, for example via email. Explain why you think the purchase should be cancelled.

Deduction for use

It is not certain that you will get back the entire amount you paid if you have had a significant benefit from the product before the cancellation. The company may have the right to make a so-called deduction for usage.

There is no law specifying exactly how large the deduction for use should be. The deduction should correspond to the benefit you have had from the product. This often needs to be assessed on a case-by-case basis.

You should receive an amount that allows you to purchase an item of the same standard and condition.

Interest

You are entitled to interest for the time the company has had your money. But sometimes the company's right to a deduction for use is offset against your right to interest.

When a product is defective, you have a right to withhold all or part of the payment. This means you can wait to pay until the company solves the problem.

You have the right to withhold an amount that would cover fixing the fault somewhere else.

It's important that you notify the company you are withholding payment and why.

Have you purchased the item on credit, for example through invoice or instalment? Then you need to notify both the company and the credit provider that you are withholding payment.

Remember to contact the company in writing, for example via email.

Pay under protest

You can also choose to pay under protest. This means you pay but at the same time notify the company that you are not satisfied.

This can be useful if you are unsure about your right to withhold payment. For example, if the company doesn't believe there is anything wrong with the product.

You should not get any extra expenses because there is a problem with the product. The company should cover it. Examples of expenses may be:

• Freight costs for sending the product for repair
• Costs because you were forced to drive to the store several times
• Loss of income if you have to stay home from work to receive a repair person

You cannot demand compensation for the inconvenience or the time you spend complaining about the defect.

To receive compensation, you need to prove that there is a defect in the product and be able to provide documentation of the costs. Documentation can be receipts, invoices, or other evidence.

The costs must be reasonable and directly related to the defect.

If the product causes damage

You can also demand compensation if the faulty product causes damage.

The compensation is meant to cover the damage. You should not end up in a better position than you were in before the damage occurred.

Within the EU, Norway, Iceland and the United Kingdom, your rights when purchasing goods are largely the same, regardless of the country where the company is based.

The only difference may be the amount of time you have to complain about faults in the product.

Examples of complaint deadlines in other countries

• Germany: 2 years
• Ireland, England, Wales and North Ireland: 6 years
• Scotland: 5 years
• The Netherlands: The right to complain is based on the expected lifespan of the product, but at least 2 years.
• Iceland and Norway: 5 years if the product you purchased has an expected lifespan longer than 2 years, otherwise 2 years.

On the website Your Europe, you can find out about the complaint deadlines in other countries. Your Europe is operated by the European Commission.

Your Europe

Swedish law applies if the company targets Swedish consumers

Even if you buy something from a company in another country, you may be protected by Swedish legislation. One condition is that the company targets Swedish consumers. Examples that may indicate that the company targets Swedish consumers:

• The company's website is in Swedish.
• The company allows you to pay in Swedish kronor.
• Phone number with country code for the company.

For example, if you buy something from a German company targeting Swedish consumers. Then you may have a 3-year complaint deadline (as in Sweden), even though the complaint deadline according to German legislation is 2 years.

When you discover faults or defects, it is important that you document what is wrong.

You need to be able to show the company what you think is wrong. The documentation is also important if you and the company do not agree on the fault.

How to document the fault

Sometimes, it is possible to show a product is defective by taking a picture or filming it.

It is important that the quality is good enough for the fault to be clearly visible. If you receive a product with an incorrect nuance of colour, you may also need to add a picture from the website that clearly shows that the nuance on the Internet is different from reality.

Search the company's website if they have any specific requirements regarding the documentation, they need from you.

If you bought the product in a store, it might be easiest to show the fault there in person.

When it's not possible to document the fault

Some faults may be difficult to capture with for example pictures. In such cases, you can describe the fault when you contact the company to complain.

Sometimes the company may need to do troubleshooting to see what is causing the problem.

Has the company recommended that you buy the product?

Has the company recommended which product you should buy, and it turns out that the product doesn’t fit? Then you need to show that you received incorrect information.

You might have received written information at the time of purchase, or you might be able to confirm afterward what information you received.

For example, you can try emailing the salesperson you were in contact with.

Firstly, contact the company you purchased the product from to complain about the fault. Present any claims for compensation.

Sometimes there is also a warranty on the product. It may be the manufacturer who has provided a warranty for example. In that case you may have the opportunity to contact the manufacturer directly. But according to the law, you can always make claims against the company that sold you the item.

There are no requirements on how you should file a complaint, but we recommend that you contact the company in writing. Then you can prove that you complained and that you did so at the right time. You can send an email, for example.

Are you using a contact form? Then take a screenshot or a photo of what you write.

When you contact the company to file a complaint, include following information:

• What you bought and when you bought it
• Description of the fault
• Pictures or other documentation that clearly shows the fault
• What action you want from the company
• Documentation that shows expenses you had due to the fault
• Receipt (if you file complain in a store)

Do you need a receipt?

There is no law that says you must present a receipt to make a complaint. It may be sufficient, for example, to show a bank statement. However, you must be able to demonstrate when you made the purchase, from whom and at what price. If you buy several items at the same time, it may not be clear from the bank statement which specific items you purchased. In that case, it may be necessary to show a receipt.

Template for complaint

Below is a suggestion on how you can formulate your message when contacting the company to make a complaint. You can, for example, copy the text into an email.

According to the Consumer Purchase Act, you have the right to make a complaint within 3 years from the purchase. This applies even if the product lacks a warranty or the warranty has expired.

If the defect is an original defect, you can demand that the company repair or replace the product.

Defects that occur within the first 2 years are automatically considered defects that the company must address. This is usually referred to as the burden of proof lying with the company.

It is sufficient that you can show that there is a defect. You do not need to prove what caused the defect. The company must be able to show that the defect is due to you or that the defect is normal considering the condition of the product to avoid responsibility.

When more than 2 years have passed since the purchase, you need to be able to show that the defect existed in the product when you bought it.

Contact an expert

To show that the defect is original, you can seek help from an expert. An expert can, for example, be a company that sells or repairs similar products.

It may be sufficient to email and ask how long the product is expected to last or what quality you should be able to expect. In some cases, you need to submit the product or ask someone to come to your home to get an opinion.

You need to pay the person you hire for an opinion. You can later demand that the company that sold the product to you reimburse you for the cost, but only if the defect is the company’s responsibility.

Contact the company again

To proceed, you need to contact the company again, for example via email. Inform the company that they are responsible for addressing the defect. Attach documentation that proves the defect is original.

Have you paid for an expert opinion? Then you can simultaneously demand that the company reimburse you for the cost.

Also, request a written response to your demands.

Generally, you cannot demand a refund (revoking the purchase) if the company wants to repair the item. Cancelling the purchase is often seen as a last resort.

If you suggest that the company should give you a new product, the company may still have the right to repair, if it becomes unreasonably expensive to provide you with a new product compared to repairing it. This applies regardless of whether the product is brand new, or you have had it for a while.

For the company to have the right to repair, it is required that the repair can be done within a reasonable time and without cost to you.

If the company unreasonably delays the repair, you may have the right to:

• Demand a new product
• Get your money back
• Turn to another company to have the product repaired.

How long may it take to repair the fault

The company must repair the fault within a reasonable time. What is considered reasonable time varies from case to case. It depends, among other things, on the type of fault and your need to have it fixed. It is not uncommon for you to expect a repair time of a week or two.

If you have been offered a loan item, a longer repair time may be acceptable.

If the repair takes an unreasonably long time, you can demand to revoke the purchase. Revoking means you return the item and get your money back.

The number of repair attempts for the company

How many attempts the company has to try to repair the defect often needs to be determined on a case-by-case basis. It depends, among other things, on the type of defect and how much it affects you.

Normally, the company has two attempts to fix the same defect. But sometimes you may need to accept more attempts.

Has the company not been able to fix the defect despite several attempts? Then you may have the right to refuse further attempts and instead demand to cancel the purchase.

Canceling means that you return the product and get your money back.

If you do not agree, you need to have proof that it is the same defect as before. This can be, for example, text messages or emails between you and the company or a certificate from another company. If you have no documentation, you can try contacting the company via text message or email to confirm that it has been the same defect multiple times.

Let another company repair the fault

If the company does not fix the fault within a reasonable time, you may also consider repairing the fault at another company.

Contact the company you purchased the product from in writing first, for example via email. Explain that if the repair is not completed soon, you will need to turn to another company. Also notify them that you will demand compensation for the repair costs.

It is important that you can demonstrate that you have complained about the repair taking too long before turning to another company.

If the company confirms that they cannot repair the product within a reasonable time or does not respond to you, you can turn to another company. Remember that you will have to pay the company to repair the product. You can later demand that the company that sold you the product reimburses you for the cost.

You always need to be able to demonstrate that there is a defect.

If the company does not agree that the product is faulty or if they have inspected the product without finding any fault, you need to prove that there is a defect. Perhaps it is a fault that only appears intermittently.

Evidence of a fault may include:

• photos
• videos
• an opinion from an expert of the type of product in question.

If you have evidence that the item is faulty, but the company continues to refuse, you can read more under "Have your case reviewed".

Your rights are determined by how much time has passed since the purchase. Defects that occur within the first 2 years are automatically considered defects that the company must address. This is usually referred to as the burden of proof lying with the company.

It is sufficient that you can show that there is a defect. You do not need to prove what caused the defect. The company must be able to show that the defect is due to you or that the defect is normal considering the condition of the product to avoid responsibility.

When more than 2 years have passed since the purchase, you need to be able to show that the defect existed in the product when you bought it.

Contact an expert

To show that the defect is original, you can seek help from an expert. An expert can, for example, be a company that sells or repairs similar products.

It may be sufficient to email and ask how long the product is expected to last or what quality you should be able to expect. In some cases, you need to submit the product or ask someone to come to your home to get an opinion.

You need to pay the person you hire for an opinion. You can later demand that the company that sold the product to you reimburse you for the cost, but only if the defect is the company’s responsibility.

Contact the company again

To proceed, you need to contact the company again, for example via email. Inform the company that they are responsible for addressing the defect. Attach documentation that proves the defect is original.

Have you paid for an expert opinion? Then you can simultaneously demand that the company reimburse you for the cost.

You should also request a written response to your demands.

If the product is older than three years

If the product is older than 3 years, you cannot make a complaint. But if there is a warranty that is still valid, you can use it.

If you have the right to cancel the purchase, you are entitled to a refund.

If the company does not refund the money, there are different ways to proceed.

If you have paid by card or invoice

If you have paid by card or any form of credit, you may be able to get help from your bank/credit provider.

If you have paid via any form of credit, such as a credit card or invoice, you are protected by the Consumer Credit Act. This means you can make the same demands on your credit provider/bank as on the company. You can therefore demand a refund from your credit provider/bank if the company does not refund you. In such a case, contact the credit provider and explain that you want to use the right of objection under the Consumer Credit Act.

Getting your money back if you made a credit purchase

If you have paid with a debit card, the terms of the card determine what you are entitled to.

Getting your money back if you paid by card

Apply for a payment order

If you cannot get help from your bank or credit provider, you can turn to the Enforcement Authority and apply for a payment order. A payment order can be a way to get help to get paid by someone who owes you money.

Contact the Enforcement Authority for more information.

Apply for a payment order on the Enforcement Authority’s website

The company says you do not have the right to cancel

If you and the company do not agree, you may have the opportunity to have the matter reviewed by the National Board for Consumer Disputes (ARN). It costs 150 SEK to file a complaint with ARN.

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.

Contact us

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 1 month.

ECC Sweden cannot:

• 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 servicehttps://web-prod.konsumentverket.se/en/articles/about-the-swedish-consumer-agency-and-how-to-contact-us/

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 SEK 500 or more. 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.

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