Toimitusvirhe

Toimitusvirhe is a term used in Finnish contract and sales law to describe a defect in the delivery of goods that means the delivered item does not correspond to what was agreed in the contract. A toimitusvirhe can occur when the wrong item is delivered, the quantity is incorrect, the goods are of the wrong quality or condition, or the delivery is incomplete or otherwise inconsistent with the contract.

Scope and examples

Toimitusvirhe typically concerns tangible goods, but in some contexts it can apply to digital or mixed deliveries if the delivered performance diverges from the agreed terms. It is distinct from a delay in delivery (viivästyminen), which is addressed under delay rules rather than as a toimitusvirhe. Common examples include receiving a different model, receiving fewer units than agreed, receiving damaged or defective goods, or missing components essential to the contract.

Legal framework and remedies

In Finland, the primary rules governing toimitusvirhe arise from the Sale of Goods Act and, for consumers, the Consumer Protection Act. When a toimitusvirhe is established, the seller may be required to remedy the defect by repair or replacement, or, if that is not appropriate, to grant a price reduction or cancel the contract. The buyer must notify the seller of the defect without undue delay and keep evidence, such as photos and packaging. The applicable remedy and time limits depend on whether the buyer is a consumer or a business and on the terms of the contract.

Practical considerations

Consumers and businesses should document the delivery, communicate in writing, and seek timely resolution. If the seller fails to address a valid toimitusvirhe, parties may pursue damages or dispute resolution as provided by law.