Swedish law: how do I get remedy for a faulty product?
Hej,
I bought a mobile phone from a second hand online market. The person told me it is unlocked for all network and all simcards has been working in it. Although it shows signals for network , however no communication is possible as technician and operator help service told me it is locked for networks. When i contacted the person to return my money and take back your mobile phone as opposite to your assurance it is locked for communicating. The person refused to do so and insisted, that it was not locked. I have the record of all communication via sms and messenger. I know the home adress of the person too. I do not have any kvitto or reciept. So, what should i do, can i get a remedy and do i need to pay the legal cost. What are solutions? please let me know as i am very disturbed.
Lawline svarar
Hello and thank you for your question!
Since you bought the phone from an individual, and not a trader, the relationship between you and the seller is regulated in the Sales of Goods Act (s. köplagen). As I understand your question you want to know how to return the phone and get your payment back.
When is a product considered faulty?
Generally, a product is considered to be faulty if it does not comply with the agreement in terms of type, amount, and other properties. In the absence of a contract, the product is faulty if it is in an essentially poorer condition than the buyer reasonably could expect taking into account the price and other circumstances.
A product is also considered faulty if does not conform to such information about the product's characteristics or use, which the seller has given during the marketing of the product or otherwise before the purchase. The information must be expected to have an effect on the purchase.
Sanctions
If the product is faulty, the buyer is entitled to a repair, replacement or price reduction. Repair and replacement of the product can only come into question if it can be done free of charge for the buyer and without unnecessary inconveniance for the seller. Otherwise, the buyer may have the right to cancel the agreement. The buyer may only cancel the agreement if the defect is substantial. Moreover, the buyer is entitled to compensation for damages incurred by the faulty product.
Notice of defect
To be able to make the above mentioned claims, the buyer must leave a notice of defect in reasonable time after he discovered or ought to have discovered the defect. If the buyer fails to leave such notice the right to make any claims is lost. The maximum limit for leaving the notice is two years from the day of the purchase.
My assessment
In an overall assessment, the mobile phone ought to be considered faulty according to law. That means that you as a buyer is entitled to remedy or price reduction. To be able to make any claims, you must have informed the seller about the issue and what claims you want to make. If the seller fails to comply with your claims within reasonable time, you have the right to cancel the agreement, assuming the defect is substantial. A defect is considered to be substantial if the buyer, being aware the defect, would not have agreed to the purchase in the first place. If you choose to do this after you have demanded remedy or price reduction, you must leave the seller a notice of the cancellation.
Since the seller seems to refuse to comply with any of your claims, you might want to sue the seller by filing a complaint with the District court in the area where the seller is residing. You can find more information about this here. If the dispute concerns an amount not more than half a price base amount (SEK 22 750), each party is generally responsible for their own legal fees.
Best regards,
