Have you ordered a home appliance installation service and been unhappy with the result or thought the price was unreasonable? Have you considered that you might be able to cancel the purchase of the service even after the service has been performed?
What does the right of withdrawal entail?
It is a right that you have for purchases made remotely, e.g., over the phone or internet, or outside business premises, such as in street sales or markets. The right of withdrawal covers both goods and services, including everything from repairs to installations.
If you order, for example, the installation of a shower cabin or washing machine over the phone or through the company's website, you usually have the right of withdrawal.
For The Act on Distance Contracts and Off-Premises Contracts to apply to the agreement, the company must have a system for remote sales, and the communication must take place entirely at distance. Many companies today only take orders via phone or their websites. It usually suffices that the company's website contains detailed information about the services offered and prices, as well as the possibility to order the service on the website or by phone.
The Fine Print in the Law
Now to the main question: You have normally no right of withdrawal for a service that has already been performed. But there are exceptions! The company must have informed you correctly about the right of withdrawal (about all conditions according to the law, the cancellation period, and the standard form you can use to cancel the service). Additionally, you must have explicitly requested that the service begin and agreed that no right of withdrawal exists once the service is completed. It is up to the company to prove that they have followed these rules. Furthermore, if a service is only partially performed and you have not been informed that you must pay for that part if you cancel, the company does not have the right to demand payment for the performed part if you cancel the order.
Many companies in the construction industry are not aware that The Act on Distance Contracts and Off-Premises Contracts can apply to their services and therefore fail to inform about the right of withdrawal, which can put them in a tough situation.
Exceptions and Special Cases
There are a few exceptions to be aware of:
- Urgent repairs or maintenance services in your home if you have initiated the order of the service yourself. An example here is if you call a plumbing company because a pipe has burst.
- Repairing services in your home, if you have expressly requested a visit from the company for this purpose and you have expressly consented to the service beginning before the end of the cancellation period.
Why Is It Important to know This?
Knowing your rights is important, especially when faced with an improperly performed service and unsure about your chances in a potential court dispute. The Act on Distance Contracts and Off-Premises Contracts can provide extra protection, especially in cases where it's one word against another but you are left with an incorrectly performed service.
Many companies, especially in the construction industry, are not aware that the Act on Distance Contracts and Off-Premises Contracts applies to their services, leading to lack of compliance. Only through informed consumers can this change.
The Importance of Correct Information
Remember, information is key! If a company does not inform you about the right of withdrawal correctly, they can get into trouble.
Conclusion
Knowledge is power, especially when it comes to your rights as a consumer. Understanding the rules around the right of withdrawal can save you both time and money.
Don't forget: Your rights are there to protect you. Always be informed! Thank you for reading, and look out for more posts on consumer rights!
* Disclaimer: The information provided in this blog is based on Swedish consumer law and may not apply to other jurisdictions.