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What does it mean when a contract term is unclear, unlawful or misleading?

A contractual term can be considered unfair – prohibited – if it contradicts mandatory consumer legislation, or if it results in such a significant disadvantage for you that there is no reasonable balance between the company’s and your rights. It can also be considered unfair if it is misleading or unclearly formulated so that you are misled about the meaning or about your rights.

Page summary

A contract term is unfair if it violates the law, is misleading, unclear, or creates an imbalance between your and the company’s rights. You have the right to get your money back if the company tries to charge more than what is stated in the contract without your approval. The Consumer Agency ensures that companies change such terms if they are unfair.

Contract terms that may be considered unfair to you as a consumer can include:

  • Contract terms that deviate from mandatory legislation
  • Contract terms that deviate from legislation that is not mandatory, but are unbalanced to your disadvantage as a consumer
  • Contract terms that are misleading or unclearly formulated.
  • If the company has a contract term that means you have to pay more for the service than the price stated in the contract, this does not apply unless you have explicitly approved the term. You then have the right to get back what has been paid.

An unclear contract term is a condition in a contract that is ambiguous, unclear, or open to multiple interpretations. This may be due to vague wording, missing important details, or different parties interpreting the term in different ways. For example:

  • The rule of ambiguity: If a term is unclear, it should be interpreted in favor of the weaker party – the consumer – in consumer contracts.
  • The purpose of the contract: The term is interpreted based on what appears to be the overall purpose of the contract.
  • The parties’ intentions: An attempt is made to find out what the parties actually intended when entering into the contract.
The Swedish Consumer Agency is the authority that ensures contract terms against consumers are not unreasonable when companies change their contract terms. See also When contract terms violate the law - rules for businesses

Frequently asked questions

Is it enough to cancel a contract over the phone?
If you terminate the contract by phone, you should ask for a written confirmation of this. Otherwise, it may be difficult for you to prove that you have terminated the contract if a dispute arises about this. Even if you can show that you called the operator, it is not certain that it will be...
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How do I cancel the contract if I use my right of redrawal?
You can withdraw via email, letter, or phone. If you and the operator do not agree on whether you have withdrawn or not, it is you who must be able to prove that you sent a notice of withdrawal in an appropriate manner and when it was sent. Therefore, it is advantageous from an evidentiary...
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Is the provider allowed to change the terms if I’m tied to a contract?
Contracts with a binding period mean that the agreement is valid for an agreed period. A change in terms of a contract with a binding period is only allowed if the operator has provided a valid reason stated in the contract. However, if the operator changes the terms during the binding period without referring to...
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I’m moving and can’t use the service at my new address – can I cancel the contract even though I’m still tied to it?
No. You are usually bound by your previous agreement even if you move the service to another operator or if you move to an address where your operator cannot deliver the service to you. This means that you must pay during the binding period even if you cannot use the service.
To page "I’m moving and can’t use the service at my new address – can I cancel the contract even though I’m still tied to it?"
Do I have to pay for the hardware if I’m allowed to cancel the subscription?
If you are legally entitled to terminate or cancel a contract early, you are not required to pay any other compensation to the operator than a final invoice for equipment (such as a mobile phone, router, or TV box) that you keep. The provision covers your entire package purchase, applies to contracts with a binding...
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When will the 2G and 3G networks be phased out, and who is responsible?
The Swedish Post and Telecom Authority (PTS) has a government mandate to monitor the phase-out of 2G and 3G networks and the information efforts carried out due to the phase-out. Information about the phase-out is also available on bytnät.nu, a website run by the industry organization TechSverige. There is also information available from mobile operators....
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Can I get back a lost number?
A suspended subscription does not have a phone number that can be transferred. Therefore, the number must be reactivated with the operator that currently has the number in order to be moved. Therefore, ask your operator if this is possible and if you can get the number back. It happens that the number is placed...
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Am I still bound by the contract if I don’t transfer the service to my new address?
As a general rule, you are responsible for paying for a subscription until the binding and/or notice period ends according to the agreement. This applies even if you move to a residence where the operator cannot deliver the service, unless you have agreed otherwise with the operator. You can ask the operator if it is...
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When will Telia remove the copper network from my area?
To page "When will Telia remove the copper network from my area?"
What should I know when switching internet provider?
Your current operator should ensure that you can switch to a new broadband operator without interruption in service, provided it is technically possible. The operator should use contractual terms that mean your broadband subscription is terminated when the switch has been completed, unless you have terminated the agreement at an earlier time during the operator...
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