The buyer can revoke the purchase of the goods according to the provisions of the right of withdrawal law. The right of withdrawal means that the buyer can return the goods to the seller without reason, even if there is no defect, and even if the goods have not been delivered. The buyer must notify the seller of the exercise of the right of withdrawal within 14 days after receiving the goods, the prescribed information about the right of withdrawal, and the withdrawal form.
If the buyer receives the withdrawal form and the necessary information at a later time than the delivery of the goods, the withdrawal period starts from the day the buyer receives the withdrawal form and the information. If the buyer has not received sufficient information or the withdrawal form, the withdrawal period will still expire 3 months after the goods have been received. If the buyer has not received any information about the right of withdrawal at all, the period will be 1 year.
The notification from the buyer to the seller about the exercise of the right of withdrawal should, for documentation purposes, be in writing (withdrawal form, email, fax, or letter), and it must include information about how the buyer intends to return the goods to the seller.
The buyer must without undue delay, and no later than 14 days from the notification after the right of withdrawal was given, send the goods back, or deliver them to the seller if the seller has not offered to collect the goods.
If the buyer has explicitly chosen a different type of delivery than the standard delivery offered by the seller, the seller shall not pay any additional costs incurred as a result.
Refunds shall be made without undue delay and no later than 14 days from when the seller received notification of the buyer’s decision to exercise the right of withdrawal. Unless otherwise expressly agreed with the buyer, the refund shall be made using the same payment method used by the buyer. The buyer shall not incur any fees as a result of the refund.
The seller may withhold the refund until the goods are received, or until the buyer has provided documentation that the goods have been sent back. This does not apply when the seller has offered to collect the goods.
The buyer must bear the costs of returning the goods if the right of withdrawal is exercised.
The buyer may inspect the product before invoking the right to withdrawal. However, the goods must be able to be returned to the seller in approximately the same condition and quantity as when the buyer received them. The seller may require the consumer to compensate for any reduction in value resulting from the buyer’s handling of the goods that was not necessary to determine the nature, characteristics, and function of the goods.
The buyer should return the goods to the seller in their original packaging if possible. The buyer cannot withdraw from the purchase of goods that deteriorate quickly, goods that for health protection or hygiene reasons are not suitable for return, or audio and video recordings (including CDs, DVDs) or computer programs where the seal has been broken.
Inspection of the goods
When the buyer receives the item, it is recommended that he or she reasonably inspects whether it complies with the order, whether it has been damaged during transport, or whether it has any defects. If the item does not match the order or has defects, the buyer must notify the seller by filing a complaint in accordance with the contract’s section on “Complaints due to defects and deadlines for reporting claims in case of delay.”
Complaints due to defects and deadlines for reporting claims in case of delay
If there is a defect in the item, the buyer must notify the seller within a reasonable time after he or she discovers it and indicate that he or she will invoke the defect. The deadline can never be shorter than two months from the time the consumer discovered the defect.
Complaints must, however, be made no later than two years after the buyer took possession of the item. If the item or parts of it are intended to last significantly longer, the complaint period is five years. In the case of a delay, claims must be directed to the seller within a reasonable time after the delivery time has arrived and the item has not been delivered. If the item has been paid for with a credit card, the buyer can also choose to complain and send claims directly to the credit provider (the credit card company). The notification to the seller or credit provider should be in writing (email, fax, or letter).
Buyer’s rights in case of delay
If the seller does not deliver the item or delivers it late according to the agreement between the parties, and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in the Consumer Purchase Act’s chapter 5, under certain circumstances withhold the purchase price, demand fulfillment, terminate the agreement, and claim compensation from the seller.
Fulfillment: If the seller does not deliver the item at the delivery time, the buyer can insist on the purchase and set a reasonable additional deadline for fulfillment from the seller. However, the buyer may not demand fulfillment if there is an obstacle that the seller cannot overcome or if fulfillment would cause such significant inconvenience or cost to the seller that it is in disproportion to the buyer’s interest in having the seller fulfill.
Termination: The buyer can terminate the agreement with the seller if the delay is significant or if the seller does not deliver the item within the additional deadline for fulfillment set by the buyer. However, the buyer cannot terminate the agreement while the additional deadline is running unless the seller has stated that he or she will not fulfill within the deadline.
Compensation: The buyer can further claim compensation for loss suffered as a result of the delay from the seller according to § 24 of the Consumer Purchase Act.
The buyer must notify the seller of claims by filing a complaint according to this contract’s section on “Complaints due to defects and deadlines for reporting claims in case of delay.”
Buyer’s rights in case of defects
If the item has a defect and this is not due to the buyer or circumstances on the buyer’s side, the buyer may, according to the rules in the Consumer Purchase Act’s chapter 6, under certain circumstances withhold the purchase price, choose between repair and replacement, claim a price reduction, demand termination of the agreement, and claim compensation from the seller.
Repair or replacement: If the item has a defect, the buyer can demand that the seller repair the defect or provide a corresponding replacement item. The seller can oppose the buyer’s demand if fulfilling the claim is impossible or causes the seller unreasonable costs.
The seller must carry out the repair or replacement within a reasonable time. Repair or replacement must be made at no cost to the buyer, without the risk of the buyer not being reimbursed for his or her expenses, and without significant inconvenience to the buyer. The seller may not make more than two attempts at repair or replacement for the same defect, unless there are special reasons that make further attempts reasonable.
Even if the buyer neither demands repair nor replacement, the seller can offer repair or replacement if this occurs without delay. If the seller arranges such repair or replacement, the buyer cannot claim a price reduction or termination.
Price reduction: If the defect is not repaired or replaced, the buyer can claim a proportionate price reduction.
Termination: Instead of a price reduction, the buyer can terminate the agreement, except when the defect is insignificant.
Compensation: The buyer can also claim compensation for economic losses suffered as a result of the item having a defect according to § 33 of the Consumer Purchase Act.
The buyer must notify the seller of claims by filing a complaint according to this contract’s section on “Complaints due to defects and deadlines for reporting claims in case of delay.” The rules regarding complaints apply in addition to, and independently of, the rules regarding the right of withdrawal and any guarantees provided by the seller.
Seller’s rights in the event of the buyer’s default
If the buyer fails to pay or fulfill other obligations under the agreement, and this is not due to the seller or circumstances on the seller’s side, the seller may, according to the rules in the Consumer Purchase Act’s chapter 9, under certain circumstances withhold the item, demand fulfillment of the agreement, demand termination of the agreement, and seek compensation from the buyer. The seller may also, under certain circumstances, claim interest on delayed payments, collection fees, and fees for uncollected goods not paid in advance.
Fulfillment: If the buyer does not pay, the seller can insist on the purchase and demand that the buyer pay the purchase price (fulfillment). If the item has not been delivered, the seller loses his or her right if he or she waits unreasonably long to present the claim.
Termination: In the case of significant payment default or other significant default by the buyer, the seller can terminate the agreement. However, the seller may not terminate after the purchase price has been paid.
The seller can also terminate the purchase if the buyer does not pay within a reasonable additional deadline for fulfillment set by the seller. However, the seller may not terminate while the additional deadline is running unless the buyer has stated that he or she will not pay.
Compensation: The seller can claim compensation from the buyer for economic losses suffered as a result of the buyer’s breach of contract according to § 46 of the Consumer Purchase Act.
Interest on delayed payment/collection fees: If the buyer does not pay the purchase price according to the agreement, the seller can claim interest on the purchase price according to the law on interest for delayed payment. In the event of non-payment, the claim, after prior notice, may be sent for collection, and the buyer may then be held responsible for fees according to the law on debt collection and other collection of due monetary claims.
Fee for uncollected non-advance paid goods: If the buyer fails to collect unpaid items, the seller can charge the buyer a fee of NOK 500 plus return shipping costs. The fee shall cover the seller’s actual expenses for delivering the item to the buyer. Such a fee cannot be charged to buyers under 18 years old.
Guarantee
The guarantee provided by the seller or manufacturer gives the buyer rights in addition to those rights the buyer already has under mandatory legislation. A guarantee thus imposes no limitations on the buyer’s right to make complaints and claims related to delays or defects as per the sections “Buyer’s Rights in Case of Delay” and “Buyer’s Rights in Case of Defects.”
Personal Data
Unless the buyer consents to otherwise, the seller can only collect and store the personal data that is necessary for the seller to fulfill the obligations under the agreement. Personal data of buyers under 15 years of age cannot be collected unless the seller has consent from parents or guardians. The buyer’s personal data shall only be disclosed to others if necessary for the seller to execute the agreement with the buyer, or in legally mandated cases. The seller can only collect the buyer’s personal identification number if there is a legitimate need for secure identification and such collection is necessary.
If the seller wishes to use the buyer’s personal data for other purposes, such as sending the buyer advertisements or information beyond what is necessary to execute the agreement, the seller must obtain the buyer’s consent at the time of entering into the agreement. The seller must provide the buyer with information about what the personal data will be used for and who will use the personal data. The buyer’s consent must be voluntary and given through an active action, such as checking a box.
The buyer should easily be able to contact the seller, for example by phone or email, if he or she has questions about the seller’s use of personal data or if he or she wishes for the seller to delete or change the personal data.
Cookies
Our online store contains so-called cookies. You can browse the online store without cookies, but you cannot make purchases. We use cookies to manage the content of your shopping cart. It is a text file that is stored on your computer. We also store information on whether you have chosen to view category pages with or without images. If your web browser or firewall is set to prevent the storage of cookies, the website may cease to function, or you may encounter problems completing a sale.
Conflict Resolution
The parties shall attempt to resolve any disputes amicably. The buyer may contact the Consumer Council for assistance in any dispute with the seller. If an amicable resolution is not achieved after mediation at the Consumer Council, the parties may request in writing that the Consumer Council submit the dispute to the Consumer Disputes Committee. The decisions of the Consumer Disputes Committee become legally binding four weeks after notification. Before the decision is legally binding, the parties may, by submitting a complaint to the Consumer Disputes Committee, bring the decision before the district court.
Refer to the law of March 1, 2017, on the Consumer Complaint Committee (Consumer Complaint Act).
.
