Background
We have identified cases where merchants are denying returns of mobile phones solely because the customer has opened the packaging. As this is an important matter concerning both consumer rights and your obligations as a merchant on the Fyndiq Marketplace, we want to clarify the applicable rules.
This communication aims to clarify the distinction between opening and inspecting a product and using/activating it, and how this affects the customer’s right of withdrawal and your responsibilities as a merchant.
What Applies to Mobile Phone Returns?
1. Opened Packaging – Customer Retains Right of Withdrawal
Under Swedish distance selling legislation (distansavtalslagen 2005:59), the consumer has the right to open the packaging and inspect the product to assess its characteristics and function, just as they would in a physical store. For mobile phones, this means the customer may break the seal and examine the phone.
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Important: The right of withdrawal cannot be denied solely because the customer has opened the packaging. By law, the right of withdrawal may only be denied for opened packaging when the product is sealed for health or hygiene reasons, or when the packaging is part of the product itself. Mobile phones do not fall under these exceptions. |
2. Activated Phone – Beyond Inspection
If the customer goes beyond merely inspecting the phone and actually activates it (powers it on, logs in with an account, activates the warranty, etc.), this may be assessed as the right of withdrawal being consumed, or at minimum it constitutes a decrease in value for which the merchant is entitled to make a deduction.
3. Value Decrease Deduction – Not the Same as Denying a Return
It is important to distinguish between denying the right of withdrawal and making a value decrease deduction. Even if a mobile phone has decreased in value because the customer handled it beyond what is required for inspection, you as a merchant are entitled to make a reasonable deduction from the refund. However, you may not deny the return entirely.
Summary
| Situation | Customer’s Right | Merchant’s Right |
| Customer opens packaging and inspects the phone | Full right of withdrawal. Customer may return the product. | Must accept the return. No value decrease deduction. |
| Customer activates the phone (powers on, logs in, activates warranty) | Right of withdrawal may be considered consumed or limited. | Entitled to value decrease deduction. May deny return in some cases. |
What Does This Mean for You as a Merchant?
- Do not deny returns solely because the packaging has been opened. The customer has a legal right to inspect the product.
- Check whether the phone has been activated. There is a significant difference between opening the packaging and activating the device.
- Apply value decrease deductions correctly. If the product has been handled beyond inspection, you are entitled to a reasonable deduction – but you cannot deny the return entirely.
- Review your return processes. Ensure your procedures do not automatically deny returns based on opened packaging.
Reference to the Fyndiqs General Terms and Conditions
Per Fyndiq's General Terms and Conditions for Merchants, returned goods must be in the same condition as when delivered, meaning they must not have been damaged, used, washed, or worn for any purpose other than to try the product. This wording supports the customer’s right to inspect the product, including opening the packaging. Simply opening the packaging to examine the phone falls within the scope of “trying the product.”
Questions?
If you have questions regarding this policy or need assistance with specific return cases, please contact Fyndiq Merchant Support.