Quote from: jomay on September 28, 2014, 12:46:14 PM

Quote from: varChar on September 28, 2014, 10:27:39 AM

Quote from: jomay on September 28, 2014, 10:07:25 AM

Legal rights
I've read up on the relevant Swedish Law as much as possible using google/bing translate.

1. Swedish distance selling regulations
Definitions:
'consumer' means any natural person who is acting primarily for purposes which are outside business activities,
"trader" means any natural or legal person who is acting for purposes relating to their economic activities.
4§ says that contract terms that are to the disadvantage of the consumer are void. This may apply to KnC's "business purposes" clause.
10§ gives you a right to cancel within 14 days of receiving the order.

2. Swedish consumer act
Gives you a right to get a refund before the order has been delivered/shipped.

3. Swedish Sale of Goods Act (contract law)
Lots of interesting clauses here as well.

This law is appended if you buy as a person and not as a company. That's why KnC says that you are a company.
Everything you buy trough internet, over the phone or if a door knocker comes give you the law about 'distance buy'. Worth to mention is that this law does not apply if you buy anything that is custom made.

And YOU need to pay for the shipping back to the company you bought the product from. And as you said, this within 2 weeks after you received it!

Yes and no. Simply saying that I am a company does not make me a company. It is up to a judge and the law to decide whether I am a company or a consumer in that case.

The problem with all laws is to define when they are applicable. Hence the DSR's that I have cited above (as a crude google-translation) define first what is a consumer and what is a trader. So the question is really whether I am a consumer as defined by the DSR and have acted primarily for purposes outside business activities.

Is the google translation actually accurate?

I don't mind at all paying to ship it back. However, I believe KnC will reply that they do not accept it shipped back - at which point I believe that it is sufficient to keep it in custody until the matter is settled.

I totally agree with you about saying that me or you are a company isn't enough! But that is what they leaning against.
And that is what I said in my post as well. I said that konsumentverket said to me that they don't belive that it is enough either. It should be really clear that you take the form as a company!

If you want I can call konsumentverket tomorrow and ask what "I" should do if the company doesn't want to accept the product that I want to ship them back.