Right of complaint when selling to consumers
The Consumer Purchases Act gives the buyer the right to complain about a product if it has a defect. A defect in the product triggers several rights for the consumer.
Defect under the Consumer Purchases Act
A defect arises when a product does not meet the reasonable expectations a consumer may have. This can be due to several factors, such as:
- Functional failure: The product does not work as it should.
- Errors or damages: The product has visible or hidden errors or damages.
- Deviation from the agreement: The product does not match what was agreed upon between the seller and consumer, such as the wrong color or size.
- Breach of promises: The product does not live up to the promises made by the seller.
- The seller has failed to inform about important conditions. When a product has a defect, the buyer can demand a new product or that the product be repaired.
The complaint period is usually two years but can be five years for products meant to last significantly longer.
If the defect is not corrected within a reasonable time, the buyer can demand a price reduction or cancel the purchase, meaning the buyer gets their money back. The buyer may also be entitled to compensation for financial loss resulting from the defect. If a product causes damage, the buyer may be entitled to compensation for the damage.
As a seller, you can choose to give the consumer better rights than those stipulated in the complaint rules (guarantee). A guarantee is an agreement between you and the consumer.
The Consumer Authority - Right of complaint when selling to consumers (in Norwegian only)
Right of withdrawal and rules for sales on the internet/outside a fixed place of business:
For sales outside a fixed place of business (e.g., on the internet, door-to-door sales, or telephone sales), the buyer has a 14-day right of withdrawal. This means the buyer can return the product and get their money back without providing any reason. The buyer must receive clear information about the right of withdrawal before the purchase.
About the right of withdrawal
The withdrawal period starts the day after the buyer has received the product. You must provide the buyer with information about the right to withdraw, the conditions, deadlines, and procedures. You must also send a withdrawal form to the buyer. If this is not done, the withdrawal period can be extended up to 12 months.
When a purchase is made electronically, you must clearly and prominently inform the consumer about the product's characteristics, the total price including taxes, and any additional costs such as shipping immediately before the consumer places the order. Within a reasonable time after the agreement is concluded, and no later than at the time of delivery, you must provide the consumer with written confirmation of the agreement.
The Consumer Authority - The Cancellation Act (in Norwegian only)
Sales over the phone
Consumers can opt out of telephone sales by registering in the Central Marketing Exclusion Register. Businesses must check their call lists against this register before contacting consumers. A sales offer over the phone must be confirmed in writing after the call, and the consumer must then approve the offer in writing for the agreement to be binding. Telephone sales should not be intrusive or aggressive.
The Consumer Authority - guide om sales over the phone (only in Norwegian)
Door-to-door sales
It is prohibited to conduct door-to-door sales to consumers who clearly say no to this. For example, the consumer can place a "No thanks to door-to-door sales" sign on or near the door. Door-to-door sales are always prohibited between 9:00 PM and 9:00 AM, on Saturdays, public holidays, or days equivalent to public holidays.
For more detailed information, please refer to the guidelines provided by the Consumer Authority and the Consumer Council.
The Consumer Authority - guide on door-to-door sales (only in Norwegian)
