A major change in the new Consumer Sales Act has to do with the so-called reversed burden of proof. The new law extends the reversed burden of proof from six months to two years. The reversed burden of proof means that it is up to the seller to prove that the fault was caused by the buyer, if the seller cannot prove it, the fault is considered to be original. The new Consumer Sales Act only covers purchases made from 1 May 2022.<\/p>\n
Until today, there has been some uncertainty about whether the 2-year reversed burden of proof should apply to all consumer products or only digital products. The Swedish Consumer Agency has now stated on its website that they believe it applies to all products, however, there are still law firms that believe that the 2-year period only applies to digital products.<\/p>\n
APPLiA will follow the Swedish Consumer Agency's interpretation for purchases made after May 1, 2022. APPLiA will work with the Swedish Consumer Agency to develop new industry regulations. Pending new regulations, the existing ones that state a 1-year warranty will apply.<\/p>\n
Since the warranty gives the consumer extended rights during year 1, these do not conflict with the new regulations. During year 2, according to the new legislation, it is the seller who must demonstrate that the defect is not original if the product is to be repaired at the consumer's expense. During year 3, the consumer still has a right to complain, who must then demonstrate an original defect in order to be able to complain at the seller's expense.<\/p>\n