Binding agreements
An agreement with a contractual commitment period is binding on both parties. The operator may not amend the prices and conditions other than in exceptional situations, and as a consumer you are bound by the agreement, even if you move and can no longer use the service at your new address, for example. Please note that in Sweden the operator has no legal responsibility to enter into an agreement regarding telephone, television or broadband subscriptions with you; the operator may decide for themselves whether they wish to enter into an agreement or not.
Different kinds of agreement
You can purchase products and subscriptions in a number of different ways. In shops, at stands or at booths, via telephone or online, or via door-to-door sales. Agreements and rules vary depending on the sales location used.
In order for the operator to be able to prove that a binding agreement has been entered into, the operator must be able to prove that you expressly accepted the agreement.
In order for you to be able to prove that a binding agreement has been entered into, you must be able to prove that the operator provided an acceptance – confirmation – to you.
Written agreement
A written agreement refers to both agreements you sign by hand and those you sign digitally, for example on a tablet, by email or by text message.
The operator is responsible for the information at the point of sale and in the agreement being clear and in accordance with the law and good practice. An advantage of entering into a written agreement is that it will be easier for you to prove the terms of the agreement if there are any problems with the operator.
Important! If you enter into a written agreement, you are responsible for reading through the whole agreement before signing it. You are bound by the written agreement, even if you misunderstood it or did not read through it thoroughly.
As of 1 September 2018, the requirement that any agreement made verbally during a telemarketing call must be backed up by a written confirmation came into force.
Oral agreements
If you enter into an oral agreement, all the seller’s promises are binding.
The responsibility for proving that there is an agreement and what it entails lies with the operator. Agreements entered into by telephone can be recorded in order to prove their existence.
The operator is responsible for the information provided during the sales call being clear and adhering to the law and good practice. If there is a recording of the call, you can request to listen to it if you are unsure what was said.
Important! Try to ensure that any promises that are important to you are recorded in the audio file during the telemarketing call, or are written down by the salesperson if you are given oral promises not stated in the written agreement.
As of 1 September 2018, the requirement that any agreement made verbally during a telemarketing call must be backed up by a written confirmation came into force.
Publicly accessible information about prices and conditions
A company must provide pricing information in the place where the product is sold. The pricing information must include the price of the service in Swedish Kronor (SEK), including VAT and other taxes. If fees and other costs may occur, these must be detailed separately. Pricing information must be correct and clear, and provided in writing if you cannot receive the information in any other similar way.
Eligible person
In order for the agreement to be considered binding, the operator must be able to prove that the agreement was entered into with a person eligible to do so, i.e. the customer, or that a power of attorney was provided. For this reason, the sales person will always check that you are eligible to enter into an agreement by asking if you are the customer or if you have a power of attorney to act on the customer’s behalf.
Agreements with minors
In principle, an agreement with a minor (under 18 years of age) shall be invalid, as a minor has a so-called incapacity to contract. However, there are exceptions to this rule. If the agreement is signed with the consent of the guardian, the agreement shall be binding.
For certain cash purchases, the consent of the guardian is considered implicit. Here, consideration should be given to the minor’s age, the price of the goods/service, and the type of goods/service in question.