§ 19. If you want an online service to start immediately
If you have ordered a service online (for example a subscription (abonnement) or a consultation hour), and you want it to start before the 14 days of the withdrawal period (angrefrist) have passed, the seller must have your express acceptance. You must also understand that the right of withdrawal (angrerett) is lost when the job has been completed.
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)
If the consumer (forbruker) wishes the provision of services to begin before the expiry of the withdrawal period, cf. § 21, and the contract places an obligation to pay on the consumer, the trader (næringsdrivende) shall require the consumer to make an express request to this effect. The trader shall also ask the consumer to acknowledge that the right of withdrawal will be lost once the contract has been fully performed by the trader.
What does this mean?
§ 19 is the distance selling (fjernsalg) twin of § 12. The rules are almost identical, but § 19 applies when you have bought a service online, and § 12 applies when the purchase was made outside a shop (at home, at a stand, by phone).
The practical issue: You have ordered a service online — perhaps consulting help, a course registration, a streaming service, or an arrangement with a personal trainer. The main rule is that you have a 14-day right of withdrawal. But what if you want to start straight away?
This is what the seller must do:
- Get your express acceptance that the service should start before the withdrawal period has ended. "Express" means that it must be a deliberate action — a ticked box, a signature, a "yes" in answer to a question.
- Ask you to confirm that you understand that the right of withdrawal is lost when the job has been completed.
What happens if you change your mind partway through? If the service has started but is not finished, you still have a right of withdrawal. But you must pay a proportionate share for what has been delivered (under § 26). If the whole job has been completed, the right of withdrawal is gone.
If the seller does not follow the rules — for example does not ask for express acceptance or does not inform you about the loss of the right of withdrawal — you do not have to pay for what has been delivered (§ 26 second paragraph).
Examples
Petter takes out a subscription to a streaming service for NOK 129 per month. When he orders, he has to tick a box: "I want the service to start immediately and understand that the right of withdrawal is lost if I have used the service in full." He ticks it and starts watching films the same evening. After ten days he decides to cancel. He still has a right of withdrawal, since the service is ongoing and not "delivered in full". But he must pay for the ten days he has used — calculated proportionately under § 26.
Sara books a consultation hour online for NOK 1,500. The consultant sends an email: "When would suit you for the session?" Sara replies "tomorrow at 2 pm". The consultant holds the session. Two days later Sara changes her mind and demands her money back within the withdrawal period. The consultant says "but I've spent an hour on you". However, the seller never asked Sara for express acceptance to start before the withdrawal period had ended, and did not tell her that the right of withdrawal would be lost either. Under § 26 second paragraph, Sara does not have to pay for what has been delivered. She can demand a refund of the full amount.
Common mistakes
- The seller assumes that the order itself is acceptance of an immediate start. It is not. The acceptance must be express and separate.
- The seller forgets to inform about the loss of the right of withdrawal. The customer can then withdraw and not have to pay, even if the service has been performed.
- You think that because you used the service, you cannot withdraw. You can still withdraw — but you may have to pay a proportionate share under § 26. You are still entitled to pull out of the rest.
What should you do?
When you order a service online:
- Check whether there is a tick box about "starting before the withdrawal period has ended" — be aware of what you are agreeing to
- If you want 14 days to think it over, do not agree to an immediate start
- If you change your mind partway through, send a notice of withdrawal (angremelding) quickly — so you do not pay more than necessary
- If the seller did not follow the rules (no express acceptance, no information about loss of the right of withdrawal), refer to § 19 and § 26 second paragraph