§ 22. When you do NOT have a right of withdrawal

Even if the Right of Withdrawal Act (angrerettloven) applies to your purchase, you do not have a right of withdrawal (angrerett) in 14 specific cases. The most important ones: custom-made goods, food and perishable goods, opened hygiene products, opened CDs/software, hotels/transport/car hire/catering for a specific date, and digital content (digitalt innhold) you have agreed to download immediately.

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)

The right of withdrawal does not apply to contracts for: a. the supply of goods which, by their nature, are mixed with other goods after delivery in such a way that they cannot be separated from one another, b. the supply of goods which deteriorate or quickly pass their expiry date, c. a service that has been fully performed, if the contract obliges the consumer (forbruker) to pay, performance has begun with the consumer's express prior consent, and the consumer has acknowledged that the right of withdrawal will be lost once the trader (næringsdrivende) has fulfilled all of its obligations under the contract, d. the supply of goods or services for which the price depends on fluctuations in the financial market which may occur within the withdrawal period (angrefrist) and which cannot be controlled by the trader, e. the supply of goods made to the consumer's specifications or clearly personalised, f. the supply of medicinal products, cf. the Medicinal Products Act (legemiddelloven) § 2, and medical devices, cf. the Medical Devices Act (lov om medisinsk utstyr) § 3, g. the supply of sealed goods which are not suitable for return for health protection or hygiene reasons, and where the seal (forsegling) has been broken after delivery, h. the supply of alcoholic beverages at a price agreed at the time the contract was concluded, where delivery can only take place after 30 days, and where the actual value depends on fluctuations in the market which cannot be controlled by the trader, i. repairs or services that are urgent where the consumer expressly asks the trader to visit the consumer. Additional services or additional goods provided at the same time that are not covered by the first sentence are not covered by the exception from the right of withdrawal, j. the supply of sealed audio or video recordings or sealed software on which the consumer has broken the seal, k. the supply of a newspaper, a periodical or a magazine, with the exception of subscription (abonnement) contracts for the supply of such publications, l. goods or services concluded at a public auction (offentlig auksjon), m. the supply of accommodation for purposes other than residential purposes, transport of goods, car hire services, catering and services related to leisure activities where the contract provides for a specific date or period of performance of such services, n. the supply of digital content which is not supplied on a tangible medium, if the supply has begun and the following conditions are met: 1. the contract obliges the consumer to pay 2. the consumer has given express prior consent to the supply beginning before the withdrawal period expires 3. the consumer has acknowledged that the right of withdrawal is thereby lost, and 4. the trader has provided confirmation under the Right of Withdrawal Act § 11 or § 18.

The exceptions from the right of withdrawal in the first paragraph, letters c and e, do not apply in the case of unsolicited doorstep selling (dørsalg).

Source: Lovdata — Angrerettloven (the Right of Withdrawal Act) § 22

What does this mean?

§ 22 is where many consumers get a surprise. Even if your purchase is in principle covered by the Act, there are 14 exceptions where the right of withdrawal does not apply. We group them logically:

Goods that cannot be returned because of their nature (a, b, e)

Services and digital content that have been delivered (c, n)

Market-dependent prices (d, h)

Health, hygiene and seals (f, g, j)

Urgent services (i)

Special forms of sale (k, l)

Services for a specific date (m)

Special rule on doorstep selling

If the seller came to your door uninvited, exceptions c and e no longer apply. This means that custom-made goods or a completed service still give you a right of withdrawal in unsolicited doorstep selling. The law gives extra protection against pushy sales at the door.

Examples

Sara orders a T-shirt with her own design and the initials "S.M." printed on it. She changes her mind the next day and wants to withdraw. The seller can refuse. Under § 22 letter e, clearly personalised goods are exempt from the right of withdrawal. Sara has no right to return it.

Petter books a hotel room in Bergen for a specific date — Friday 14 March. Two days later he changes his mind. The hotel can refuse. Under § 22 letter m, hotel services for a specific date are exempt from the right of withdrawal. He is bound by the booking (unless the hotel has its own, more favourable cancellation rules).

Tom buys a perfume online for NOK 800. When it arrives, he breaks the seal to test it. He does not like the scent and wants to return it. The seller can refuse. Under § 22 letter g, hygiene products with a broken seal are exempt. Had Tom left the seal alone, he would still have had a right of withdrawal. Lesson: smell the bottle first if you are taking a chance, but do not open it.

Anne signs up for a Netflix subscription and ticks "Start the service immediately, I understand that the right of withdrawal is lost once I have used the service". She watches three films. After a week she wants to cancel and get her money back for the first month. She can cancel, but she cannot demand a full refund. Her immediate use and consent trigger the exception in letter n for the digital content she has already consumed.

Common mistakes

  1. You think "custom-made" means "specially ordered". It does not. An item must be made to your specifications or be clearly personalised. A standard red jacket in size M is not "custom-made" just because you ordered it.
  2. You think a seal means "wrapped". It means an actual seal — a plastic seal, a security closure, plastic wrap that must be broken. A cardboard lid or a box flap is rarely a "seal" in the legal sense.
  3. You think digital content = no right of withdrawal. Not automatically. You must have consented to an immediate start AND acknowledged that the right of withdrawal is lost AND the seller must have given confirmation. If any of these is missing, you still have a right of withdrawal.
  4. You think a magazine subscription is exempt. It is not. Letter k exempts single issues, not subscriptions.

What should you do?

Before you buy something online:

Frequently asked questions

Why is there no right of withdrawal on printed T-shirts?
Because the seller cannot resell the product — it is personalised. It is a lawful consequence of the item having no value to anyone else.
Can I withdraw from Spotify Premium?
It depends on whether you have "listened" or not. If you consented to an immediate start when ordering and have used the service, the exception in letter n applies. Many digital services nevertheless have their own generous cancellation rules.
What about "tailored" recommendations or packages?
That is not the same as personalised goods. If you order a standard item that the seller picks out based on your profile, it is not "made to your specifications". You have a right of withdrawal.
Can a seller just write "no right of withdrawal" on everything?
No. The seller must show that the purchase actually falls under one of the exceptions in § 22. A general "no right of withdrawal" clause is invalid under § 3.
Related sections
All sections of the Right of Withdrawal Act →
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