§ 3. The seller cannot take away your rights

Even if the seller has written "no right of withdrawal" in the terms and conditions or got you to tick a box, you still have all the rights the law gives you. The Right of Withdrawal Act (angrerettloven) cannot be departed from to your disadvantage as a consumer (forbruker).

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 Act cannot be departed from by agreement to the disadvantage of a consumer.

Source: Lovdata — Angrerettloven (the Right of Withdrawal Act) § 3

What does this mean?

This is an important principle that lawyers call "mandatory" ("preseptorisk"). In plain language, it means that the law is stronger than the contract. The seller cannot remove your rights by writing something different in the terms and conditions.

In other words: even if you have clicked "I accept the terms and conditions", and the seller's terms say "No right of withdrawal is given for this product", you still have a right of withdrawal, as long as the Right of Withdrawal Act applies to your purchase.

But the law can be used to your advantage. If the seller gives you better terms than the law requires, for example a 30-day right of withdrawal instead of 14, that is of course perfectly fine. Only terms that put you at a disadvantage are invalid.

Example

Eva buys a coffee machine from an online shop for NOK 4,500. The seller's terms say: "No right of withdrawal is given for purchases of electronics." That is not correct. The term is invalid under § 3. Eva still has her statutory 14-day right of withdrawal. She sends a notice of withdrawal (angremelding), returns the machine and gets her money back. The seller's terms make no difference.

Common mistakes

  1. You think "terms are terms". They are not when they conflict with consumer law. The law always beats the contract, as long as the contract puts you at a disadvantage.
  2. You think that because you ticked "I accept", you are bound. You are bound by what is valid. Invalid terms are not binding, no matter how many times you clicked "yes".
  3. You confuse this with the idea that the right of withdrawal always applies, with no exceptions. The law's own exceptions still apply, for example for custom-made goods (§ 22). What the seller cannot do is restrict the rights the law gives you.

What should you do?

If a seller refuses to accept your right of withdrawal by pointing to their own terms, refer them to § 3. If they do not back down, you can complain to the Norwegian Consumer Council (Forbrukerrådet) and possibly the Norwegian Consumer Authority (Forbrukertilsynet). You are on safe ground: the law is on your side.

Frequently asked questions

What if I signed a paper saying I have no right of withdrawal?
You still have a right of withdrawal. § 3 says that such terms are invalid, whether they are on paper or online, and whether you signed or ticked a box.
Can the seller charge a "fee" for using the right of withdrawal?
No, not for the withdrawal itself. The seller can require you to pay the return costs (returkostnader) (shipping back), but only if you were told about this in advance. A separate "withdrawal fee" on top of this is invalid.
Related sections
All sections of the Right of Withdrawal Act →
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