Submit a claim on a faulty item or service
Submitting a claim means making a complaint. When you submit a claim, you contact the company and explain the fault with the item or service you have purchased.
Things to keep in mind
- Submit a claim as soon as possible after you discover the fault.
- Submit the claim in writing, for example via e-mail.
- Save a copy of your claim so you can prove that you have complained to the company, and when you did.
What faults can I submit claims for?
You can submit claims for any fault on an item. However the company will only accept responsibility for original faults, i.e., a fault that was already there when you received the item. An original fault does not need to be obvious straight away. It might still be an original fault even if the fault occurs after a certain period. The item does not need to be broken for something to be seen as a fault. If the wrong colour sofa is delivered, this is also a faulty item. Remember that if you submit a claim for an item that is not faulty as per the legal definition, you might be responsible for the investigation costs.
An example of a faulty service could be that a company has not carried out the service in a professional manner, i.e., the work does not meet the expectations you as a customer may have for a serious professional. It might also be the case that the work was carried out professionally, but the result does not match what you have agreed on.
Your rights for faulty items or services
In the event of an original fault with an item or service, you can demand the following:
- Remedy, where the seller fixes the fault
- Redelivery, where you receive a new, equivalent product
- Reduction or compensation to fix the fault
- Cancellation of the purchase, meaning you will be given a refund
- Withholding payment
- Damages – compensation for additional costs incurred as a result of the problem.
What demands can I set?
Initially, the company has the right to remedy the problem. For purchases of items, this means that the company must be given the opportunity to fix the item or deliver another item of equal value. For service faults, you must give the company the possibility to rectify the problem. Therefore, you cannot demand a cancellation and your money back without first giving the company a chance to fix the problem.
In the event of a problem, you have the right to withhold payment as a form of security for your demands, but remember that you may only withhold a portion of the payment equivalent to the value of the fault.
To be entitled to cancel the purchase, the fault must be serious and be of significance for you, or the company has tried to remedy the fault several times without success. If you have incurred extra costs as a result of the fault, you might have the right to be compensated for these. This is referred to as “damages”. It is important that you can prove the costs you have incurred by providing receipts, for example.
Claim as soon as possible
It is important that you contact the company and tell them about the fault as soon as possible. Submitting a claim within two months of having discovered the fault is always seen as a reasonable amount of time.
You have the right to claim for original faults to an item or service for three years. For work on fixed property such as a bathroom renovation, you have the right to claim for ten years.
Stronger protection in the first six months
When you buy an item, your consumer protection is higher during the first six months. According to the law, faults that arise during this period are original faults and are therefore the responsibility of the company. To be able to deny a claim within these six months, the company must be able to prove that the fault was not present in the item when it was sold.
Once the six months have passed, the burden of proof is transferred to the consumer. This means that you must be able to prove that it is an original fault to be able to demand anything from the company. There is no six-month rule for buying services.
You must prove there is a fault
No matter when you submit your claim, you must be able to prove that there is a fault. You can do this in various ways, depending on the kind of fault.
If, for example, you have bought a new mobile phone that will not switch on, you need to let the company examine the fault. If you have bought a sofa, but the wrong colour was delivered, you might only have to send a photograph. However, you need to be able to show that the colour is incorrect, for example, by showing your order confirmation or the advertisement from the company.
If you and the company disagree
If you and the company disagree, you can submit a report to the Swedish National Board for Consumer Disputes (ARN) to have the dispute assessed. Remember that you must submit your complaint to the company first.
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- Proofread 7 February 2018