Your legal rights when purchasing eyeglasses
Köpa glasögon – dina rättigheter - Engelska
When you need a new pair of prescription glasses, you can often choose either to buy the glasses outright or to take out a subscription for glasses. If you take out a subscription it means that you are leasing or renting them for a monthly fee. If your new glasses are faulty in some way or not as expected you should always start by making a query to the merchant. If you haven’t received them when they were promised to be ready you should also contact the merchant.
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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.
Complain within two months. Then, according to the Consumer Purchase Act, you have complained within a reasonable time.
If there is a defect in the glasses, you can make a complaint. Then you contact the company and complain about the defect. It is good to complain in writing, for example via email. Then you can show that and when you complained.
You have a three-year right to complain according to the law.
The defect must be original
The company must help you if it is an original defect. That is, a defect that existed when you bought the glasses. For example, a manufacturing defect that causes the glasses to break or that the glasses do not match your vision.
You cannot complain about defects that are due to you being careless with the glasses or normal wear and tear.
The company must fix the defect
You can demand that the glasses be repaired free of charge or that you receive a new pair of equivalent glasses.
If that is not possible, you can demand your money back. But according to the law, the company usually has the right to try to fix the defect first.
If you have incurred additional costs
Have you incurred additional costs due to your complaint? Then the company must compensate you. For example, if you had to drive back and forth to the store extra times.
You need to be able to show proof of the costs you have incurred. This can be, for example, receipts or certificates. The costs must be reasonable and directly related to the defect.
You cannot demand compensation for the inconvenience or the time you spend complaining.
Who has to prove what the defect is due to?
According to the Consumer Purchase Act, all defects discovered in the first two years are automatically considered original. Then it is enough that you can show that there is a defect. You do not need to be able to prove what the defect is due to.
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 glasses, to avoid responsibility.
After two years, the burden of proof for the defect lies with you. If the company does not agree that the defect is original, you have to consider how to prove that it is.
You can, for example, contact an expert in the industry to get help with troubleshooting or a statement showing that the defect is original.
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.
You can cancel the purchase if the company cannot deliver the item within a reasonable time after you have complained about the delayed delivery.
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 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.
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.
More about returning or exchanging gods
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.
It is common for companies to offer leasing or renting of glasses. It can also be called a subscription. You pay a fixed monthly fee for a specified period, for example, two years.
When you enter the agreement, you commit to paying for the entire binding period. You cannot expect to terminate the agreement in advance.
The terms of the agreement govern your rights. When you rent or lease the glasses, the Consumer Purchase Act does not apply. This means that there is no law that specifies exactly what rights you have.
You need to read the terms of the agreement to know what applies. For example, if there is a defect in the glasses or if you have questions about the monthly fee and binding period.
When the subscription has expired the terms should state what happens. Check the terms to know when and if you need to terminate the agreement or if it ends automatically.
When leasing or renting, you do not own the glasses. This means that you may need to return the glasses when the agreement has expired. Often, it is possible to buy the glasses or sign a new subscription. Check with your store for details.
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.
Search for your consumer advisor (svenska)
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.