§ 26. What you pay if you withdraw from a partly delivered service
If you asked for a service to start before the withdrawal period (angrefrist) has ended, and you later withdraw, you must pay a proportionate share based on how much has been delivered. But you pay nothing at all if the seller did not give you information about the right of withdrawal (angrerett), did not get your express consent (uttrykkelig samtykke) to the start, or did not send you confirmation of the contract.
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 the right of withdrawal is used for services that the consumer (forbruker) has expressly asked the trader (næringsdrivende) to begin delivering, the consumer shall pay an amount proportionate to what has been delivered up to the time the consumer gives notice of using the right of withdrawal. If the total price is unreasonably high, the proportionate amount shall be calculated on the basis of the market value of what has been delivered.
The consumer's obligation to pay lapses when: a. the trader has not provided information in accordance with § 8 first paragraph letters h and j, b. the consumer has not expressly requested that delivery begin before the end of the withdrawal period in accordance with §§ 12 or 19, or c. delivery of digital content (digitalt innhold) that cannot be delivered on a physical medium has begun without the consumer's express prior consent and acknowledgement that the right of withdrawal is thereby lost, or without the trader having given confirmation in accordance with § 11 second paragraph and § 18 second paragraph.
For contracts for digital content or digital services (digitale tjenester), the consumer who uses the right of withdrawal shall refrain from using the digital content or the digital service and from making it available to third parties.
If the right of withdrawal is used, the trader may, for contracts for digital content or digital services, prevent the consumer from continuing to use the digital content or the digital service, insofar as this is compatible with § 24 a second paragraph.
What does this mean?
§ 26 is about what you must pay if you withdraw partway through a service — typically a subscription (abonnement), a consultancy service or a tradesperson's service that started before the withdrawal period ended.
The main rule: proportionate payment. If you asked the seller to begin the service before the withdrawal period ended (under § 12 or § 19), and you withdraw partway through, you must pay part of the price — in proportion to how much has been delivered.
The calculation: how much of the service has been carried out? If the seller delivered for five of thirty days, you pay 5/30. If three of six hours have been carried out, you pay half the price.
If the total price is unreasonably high — for example a home-visit tradesperson who charges NOK 5,000 an hour — the proportionate amount is calculated based on market value, not the agreed price. You should not pay for the seller overcharging.
Three situations where you pay nothing at all:
- a) The seller did not give information about the right of withdrawal. If the seller has not met the duty to provide information (opplysningsplikt) in § 8 letter h (about the right of withdrawal) or j (about responsibility for costs when the service starts), your entire obligation to pay lapses.
- b) You did not expressly ask for the start. If the seller simply started delivering without your express request to start before the withdrawal period ended (under §§ 12 or 19), you do not have to pay for what has been delivered.
- c) Digital content without correct consent. If delivery of a digital product (film, e-book, software) has begun without your express prior consent, or without you acknowledging the loss of the right of withdrawal, or without the seller giving you confirmation — you do not have to pay.
Specifically for digital content when you withdraw:
- You must stop using the service immediately
- You must not share it with others
- The seller can shut off your access
Examples
Eva signed up for a monthly subscription to a streaming service for NOK 199. She ticked "I want to start immediately and acknowledge that the right of withdrawal lapses upon completed use". After seven days she withdraws. Under § 26 first paragraph she must pay proportionately. Seven of thirty days is about 23 percent — so she must pay about NOK 47 and get NOK 152 refunded. She must stop using the service immediately.
Petter had a home visit from a garden designer who promised to make a garden plan for NOK 8,000. The designer started work the same day, but never asked Petter for express consent to start before the withdrawal period ended. Three days later Petter withdraws. The designer has spent 12 hours and demands half the fee. But under § 26 second paragraph letter b, Petter's obligation to pay lapses because he never "expressly" asked for delivery to begin. The designer gets nothing.
Sara signed up for a subscription to an online course for NOK 2,400. The seller forgot to give her a withdrawal form (angreskjema) and information about the right of withdrawal. She completed half the course, then changed her mind. Under § 26 second paragraph letter a, her obligation to pay lapses because the seller did not give correct information about the right of withdrawal. She is entitled to a full refund (tilbakebetaling) of NOK 2,400, even though she has used half the course.
Common mistakes
- You think you must pay the full price because the service has started. That is not correct. You only pay proportionately — and sometimes nothing.
- You think "proportionate" is always a linear calculation. That is a good starting point, but if the price is unreasonably high, it is calculated based on market value.
- The seller assumes you have consented just because you placed an order. Placing an order is not the same as an "express request to start before the withdrawal period ends". It must be a deliberate action on your part.
What should you do?
If you have withdrawn from a partly delivered service:
- Check whether the seller has met all the conditions: information about the right of withdrawal, your express consent to the start, confirmation on a durable medium (varig medium)
- If one or more are missing, demand a full refund, referring to § 26 second paragraph
- If everything is in order, calculate for yourself what the proportionate payment should be — so you know what you can accept
For digital content:
- Stop using the service as soon as you have withdrawn
- Expect the seller to shut off access
- Demand to get your content out under § 24 a if relevant
- § 19Consent to immediate start in distance selling
- § 22When digital content has no right of withdrawal
- § 24The seller's obligation to refund
- § 24aYour data with digital services