A distance agreement means that you shop remotely, for example via the internet. These agreements are regulated by their own law. Special features of these kinds of agreement include having the right of withdrawal, unlike when purchasing from a shop – or ‘business premises’ – in person. With online shopping, an agreement must be entered into via a system the seller has set up especially for distance agreements, and communication must take place exclusively remotely, i.e. not face-to-face.
Three clicks minimum
A consumer just filling in an electronic form online does not mean that they have automatically entered into an agreement. In order for an online order to be considered placed, the so-called three-step test must be fulfilled.
This means that the purchaser must have at the very least:
- indicated their interest in purchasing with the first click
- been able to simply read through the details of the order and the agreement conditions and confirmed these with a second click
- confirmed their order and accepted the conditions with a third click.
The operator must also offer technical means to allow for consumers to notice or correct any information entry errors that may have been made placing the order.
Information prior to shopping online
Prior to entering into an agreement, the operator or retailer must, by law, clearly and comprehensively inform you of the following details:
- Their name, address, company registration number, telephone number and email address. The retailer must provide details for both itself and the operator.
- The key attributes of the service.
- The total price of the service, including taxes and fees, or how the price will be calculated on an ongoing basis if it cannot be given in advance.
- If the agreement is to run until further notice, the price should be given per invoicing period.
- If invoicing does not take place monthly, the monthly price should also be given.
- Delivery costs and any other costs, such as invoicing fees. Please note that if the company fails to inform you of any costs arising, by law you are not obliged to pay them and you can also demand that any such costs already paid be refunded.
- Methods of payment, means of delivery, delivery term (the latest date by which the delivery should arrive), delivery restrictions. When entering into an agreement online, details of the methods of payment accepted and whether there are any restrictions on deliveries must be stated at the start of the order process.
- The fact that you are entitled by law to make a complaint for three years (deadline for making a complaint), how to make a complaint, and the postal address this should be sent to.
- The terms of the right of withdrawal: if a right of withdrawal exists or not, the withdrawal deadline, the conditions under which the right exists, what conditions apply if you change your mind and wish to withdraw, what you should do if you change your mind and wish to withdraw, and that you can use the withdrawal form provided by the Consumer Agency or an equivalent to withdraw and how you can find and use it.
- The costs you may be obliged to pay to make use of the right of withdrawal for return shipping, depreciation in value for used products or the part of the service you used.
- The codes of conduct applicable to the company's operations and how you can find and view them. For example, you should receive information about the Swedish Telecom Advisors’ conduct of business rules if purchasing a service provided by an operator that is part of Swedish Telecom Advisors.
- The contractual commitment period and notice period. If the agreement is valid until further notice or is renewed automatically, you should be provided with information on the conditions for terminating the agreement.
- How digital content works, what technical safety measures have been used, and what hardware and software is required to use the digital content (if applicable in your case).
- Options for resolution of the dispute outside the courts.
You should be provided with the information in a clear and comprehensible way, which means that it should be given to you in a way that is easy for you to review and understand.
If you enter into an agreement on a website, the operator or retailer must specifically draw your attention to information regarding the attributes of the service, the price including any costs that may arise later, and the agreement period and giving notice. The information must be clearly visible when making the order.
After entering into an agreement on the internet, within a reasonable timeframe the company must send you written confirmation of the agreement. For a service, confirmation should be provided at the latest when the service commences, and for goods at the latest upon delivery. The confirmation should be provided in a legible and lasting form that is accessible to you. Normally, this means that you will receive the information directly in paper form, in writing and sent to your home or to email address. The information being on the operator’s website is insufficient for it to be regarded as provided in a lasting form. In such cases, the operator must refer you to information that can be downloaded and saved, for example in PDF format.
Senast uppdaterad 2020-12-16