When does a product have a defect?

A product has a defect referred to in the Consumer Protection Act if it is not as agreed, it breaks prematurely, or it does not match the information provided about it. The same rules apply to discounted products and products sold at normal prices.

The starting point for assessing a defect is the contract between the parties. It is impossible to give a comprehensive list of all defects for which the vendor is liable, and the legislation only defines defect types at a general level.

Not all problems with a product are defects for which the vendor is liable. Unless otherwise agreed, the product has a defect for example when

  • the product is not suitable for its intended use.
  • the product does not match the information that was provided about it in advance.
  • the product has a shorter service life than you could reasonably expect.
  • the product has not been packaged properly to preserve or protect it.
  • sufficient instructions for the installation and use of the product were not provided in Finnish and Swedish.
  • the product does not meet safety requirements.

The vendor is not liable for a defect that the buyer knew about when concluding the sale. The vendor is also not liable for

  • the normal wear and tear of the product or one of its parts.
  • improper handling of the product.
  • failure to comply with operating or care instructions.
  • an accident that occurred after the product was handed over.

For businesses