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The Consumer Services Act applies when a company performs a service for you as a consumer. The law is mandatory, in your best interests. This means that companies cannot offer you less favourable terms terms than than those set out in the statute.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Please note:
The Consumer Services Act applies when you have purchased a service. If you have purchased a product, the Consumer Sales Act applies.
When you, as a private individual, purchase a service from a commercial provider:
For work on land, buildings and other immovable property including real property. For example, house renovations, painting work or when you hire a company to construct a new house.
For work on personal property. For example, repair of a car or television.
For storage of personal effects. For example, storing furniture or dry docking of a boat.
When is the Consumer Services Act not applicable?
As the legislation applies to work on personal property and real property, there are many services that fall outside the scope of the statute. Some examples are:
medical treatment or other personal services for persons or animals, for example by a hairdresser or a veterinarian
If the service is flawed or not as expected, you will need to lodge a complaint and claim for redress. You can do this by notifying the company.
The complaint must be made within a reasonable amount of time. If you inform the company of your complaint within two months, this will always be regarded as within reasonable time.
However, you cannot claim defects discovered later than three years after the task was completed. If the service involves work on land, buildings, or other fixed objects, you can claim defects discovered within ten years after the task was completed.
The company must ensure that the person carrying out the service has the relevant skills and the requisite training. The service must be carried out professionally, i.e. in a manner normally expected of a skilled and reliable professional.
The company must also ensure that the service is not performed in violation of safety regulations nor prohibitions in the Product Safety Act or the Marketing Act.
The company must safeguard your interests and consult with you. They also have an obligation to advise against if you do not have reasonable benefit from the service.
Safeguard your interests and consult
Safeguarding your interests and consulting with you means, for example, that they should not choose the most expensive or time-consuming way to perform the service. They should also inform you of possible preparations you can make yourself that affect time and price.
If you have agreed to purchase the materials, the company must inspect the materials and inform you if they are defective or suitable for use.
The company must do what they can to help you understand what the service entails.
Company's obligation to advise against
The company is obliged to advise you against having the service performed if you do not have reasonable benefit from it. Reasonable benefit means economic benefit. The company should therefore advise you against the service if it costs more than it is worth to you.
When the service is faulty, your first recourse is to demand that the fault is rectified without cost to you. If the company is unable to rectify the fault, or does not do so within a reasonable period of time, you may instead be entitled to a reduction in price. The amount of the reduction in price must be equivalent to the cost to you of having the fault remedied.
If the service is faulty you also have the right to withhold payment. You can withhold as much of the payment as is necessary to secure your claim.
In some cases, you can cancel the contract. This is a possibility if the purpose of the service has been lost, in other words if the service would be basically worthless to you.
If the service is faulty, you can also claim financial compensation for the damage and additional costs caused by the deficient work. For example, if a roof was repaired incorrectly and rainwater leaked in and ruined your property.
When the company does not start or complete the work within the agreed time, the service is delayed (in default). If there is no agreed time, the company is in default if the work is not completed within a reasonable time for the service to be performed.
You have the right to demand that the company completes the service. In some cases, you may also have the right to cancel the agreement, that is, terminate it. This applies if the delay is of significant importance to you.
In case of delay, you have the right to withhold payment. You can withhold as much of the payment as is necessary to serve as security for your claim.
You can also claim damages (compensation) if you have incurred costs or other financial loss due to the delay.
You are obligated to pay the price that you and the company have agreed upon.
If you have not explicitly agreed on the price, your obligation is to pay what is known as a “fair and reasonable” amount. A price is usually considered fair and reasonable if it corresponds to what the work would normally cost.
If the company has provided you with an estimated approximate price, the final price may not exceed the estimated price by more than 15%.
Additional work
If the company has performed necessary additional work, they generally have the right to be paid for it. The same applies if the service has become more expensive due to circumstances that are your responsibility. However, the basic rule is that the company should always consult with you before carrying out additional work.
Itemized bill
You always have the right to request an itemized bill that allows you to assess the type and scope of the work. If the price is not fixed, it should be clear how the price has been calculated.
If you have requested an itemized bill in good time, you do not need to pay until you have received the itemization.
If the company has performed necessary additional work, they generally have the right to be paid for it. The same applies if the service has become more expensive due to circumstances that are your responsibility. However, the basic rule is that the company should always consult with you before carrying out additional work.
If the company does not complete the project contracted for within the agreed time period, and it is not due to circumstances attributable to you, then you have the right to withhold payment. This also applies in the event of a fault in the service. You can withhold as much of the payment as is necessary to secure your claim.
When you have a claim for compensation
If you incur costs due to defects or delays, you also have the right to withhold as much of the payment as corresponds to your claim for compensation.
Cancellation of an order or a contract is different from a making a complaint. Cancelling an service means that you inform the company that you no longer desire the services. There does not necessarily need to be a fault or problem with the work to cancel the contract.
If you cancel an order for a service before it has been completed, the company is fully entitled to compensation for the part of the work that has already been done. In addition, the company is also entitled to compensation for loss of income due to not being able to take on other work.
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 favour.
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.
The company has rejected your requests in whole or in part, or it has failed to respond to you.
Would you like assistance in preparing your complaint?
The municipality’s consumer adviser may be able to assist you in submitting an application to ARN.
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.
If you think that a company is breaking the rules in the law, you can call attention to this by filing a complaint with the Swedish Consumer Agency. The Swedish Consumer Agency checks that companies comply with the rules in the law, and reports are an important input for the agency’s work.
However, a report does not mean that your individual case will be assessed and decided.
