§ 3-42. How to use the right of withdrawal: deadline and notice

This section explains how the consumer uses the right of withdrawal and how much time is available. The consumer must notify the service provider within 14 calendar days. For agreements on an individual pension service, the deadline is longer: 30 calendar days. The section says nothing about the form of the notice.

The deadline starts running on the day the agreement is entered into. If the consumer has not received the contract terms and the information that must be given under § 3-22, and the agreement was entered into before that, the deadline does not start until the day the consumer receives them. In other words, the service provider cannot start the deadline without having provided the information. Under § 3-22, the information must as a starting point be given in good time before the agreement. If the customer (kunde) buys via distance communication on their own initiative, it can be given immediately after the agreement is entered into.

It is enough that the notice is sent before the deadline expires. This means the consumer does not lose the right because the notice arrives after the last day. An example using the law's roles: a consumer sends notice to the service provider on the last day of the deadline. The right of withdrawal has then been used in time, even if the service provider receives the notice the day after.

This section belongs together with the other rules on the right of withdrawal. The right itself and when it applies are set out in § 3-41. The settlement is regulated in § 3-43 for credit agreements (kredittavtaler), in § 3-44 for distance selling (fjernsalg) and in § 3-45 for agreements made outside fixed business premises. For mortgages (boliglån), § 3-40 gives a reflection period (betenkningstid), and the right of withdrawal under § 3-41 does not apply to such agreements.