§ 16. "Order with obligation to pay" (bestilling med forpliktelse til å betale) — the most important button online

When you buy something electronically, the button you click to complete the purchase must be clearly labelled "order with obligation to pay" or something equivalent. If the seller has not done this, you are not bound by the purchase — even if you clicked. The price and duration must also be shown clearly just above the button.

The Right of Withdrawal Act (angrerettloven)·LOV-2014-06-20-27

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

The text of the law (unofficial translation)

When a contract to be concluded electronically obliges the consumer (forbruker) to pay, the trader (næringsdrivende) shall, clearly and in a prominent manner, draw the consumer's attention to the information set out in § 8 first paragraph letters a, e, and n immediately before the consumer places the order.

The trader shall ensure that the consumer expressly acknowledges that the order entails an obligation to pay. If the order is placed by activating a button or other function, the button or function shall be labelled in an easily legible manner with «order with obligation to pay» or equivalent.

If the trader does not comply with the provision in the second paragraph, the consumer is not bound by the contract or the order.

Source: Lovdata — Angrerettloven (the Right of Withdrawal Act) § 16

What does this mean?

§ 16 is one of the most powerful consumer protections in the entire Act. It requires two things of every online shop or app that charges money:

1. Clear information right before the purchase. Just before you click "Order", you must see three things in a prominent way:

This cannot be hidden at the bottom of the page or behind a link. It must be stated clearly just above the order button.

2. The order button must be clearly labelled. The button must say "order with obligation to pay" or something equivalent. Examples that are accepted: "Pay now", "Buy now", "Order and pay". Examples that are NOT accepted: "Order", "Send", "Continue", "Confirm", "Sign up".

The consequence of a breach is drastic. If the seller does not have a correctly labelled payment button, you are not bound by the purchase. You have no contract. You owe no money. You did not need to say "I withdraw" or use the 14-day deadline — the purchase is simply not valid from the start.

This is not a formality lawyers have made up. It is meant to prevent tricks where online shops use wording such as "Go on" or "Register subscription" to hide that you are actually committing yourself financially.

Examples

Anne signs up on a website to "try free for 7 days". She fills in her card details and clicks a button called "Start the trial period". Two weeks later she sees a charge of NOK 499 on her account. She checks the ordering process. The button said "Start the trial period" — not "order with obligation to pay" or equivalent. Under § 16 third paragraph, Anne is not bound by the contract. She can demand the money back from the seller, and if the seller refuses, she can make a chargeback (tilbakeføring) through her bank, referring to § 16.

Sara shops at a large online shop. She fills her basket and goes to the checkout. Just above the "Order and pay" button she sees: the product image, the price NOK 1,749 including shipping, and a line saying "One-off purchase, no commitment". This meets § 16. Sara has all the key information right above the button, and the button is clearly labelled with the obligation to pay. She clicks knowingly, and is bound by the contract.

Common mistakes

  1. You think you are bound because you clicked. You are not bound if the button was not labelled correctly. The click alone has no legal effect if the seller breached § 16.
  2. You think "Confirm order" is enough. It is not. The word "order" alone does not convey the obligation to pay. The law requires that it must be clear that you are committing yourself to pay.
  3. You think this only applies to new customers. No, it applies every time you place a new order — also as an existing customer. Every new purchase triggers the requirement for a correctly labelled button.

What should you do?

If you have "clicked yes" on something that was not correctly labelled, and the seller demands payment: refer to § 16 third paragraph. You are not bound. The seller has no legal basis for demanding money from you.

If the money has already been charged to your card, contact your bank and ask for a chargeback. Explain that the seller breached § 16. Banks are usually aware of this rule.

When you shop online:

Frequently asked questions

What about subscriptions that renew automatically?
Each renewal should also meet § 16 through sufficient advance notice, but this is somewhat disputed. What matters is that you were correctly informed when you placed the original order — that it was a subscription, its duration, the price, and that the button committed you.
Does this also apply to apps in the App Store?
Yes. Every "Buy" in the App Store must be an order with obligation to pay. Apple normally uses the button "Buy" or "Get" — with Touch ID/Face ID confirmation — usually considered sufficient.
What about buying a ticket for a concert or event?
It is still electronic commerce where § 16 applies. The button must be clearly labelled and the price/duration must be shown just above it.
Related sections
All sections of the Right of Withdrawal Act →
Questions about this section
Tools for this