§ 7. It is the seller who must prove it
It is the seller — not you — who must prove that they gave you the correct information before the purchase. If the seller cannot document that you received information about the right of withdrawal (angrerett), the price, return costs (returkostnader) and the like, they have not complied with the law. This gives you more rights.
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 trader (næringsdrivende) has the burden of proof that the duty to provide information in §§ 8 to 16 and § 18 has been fulfilled.
What does this mean?
"Burden of proof" means that one of the parties must prove something in a dispute. § 7 says that it is the seller who carries that burden — not you.
In practice: If you and the seller disagree about whether the seller gave you information about, for example, the right of withdrawal, return costs or the price, the seller must be able to produce documentation. A "we usually do that" is not enough. They must be able to show specifically that you in particular received that exact information.
If the seller cannot document it, the law assumes that they did not inform you. You may then, for example, avoid paying additional costs (tilleggskostnader) (§ 9), or have the withdrawal period (angrefrist) extended to 12 months (§ 21 third paragraph).
This is a big advantage for you. Many consumers wrongly believe that they themselves must prove what was said or written. That is not correct. The burden of proof lies with the professional party — the business.
Example
Tom buys a table lamp online for NOK 1,800. When he unpacks the parcel, he finds no information about the right of withdrawal — neither on paper nor in the confirmation email. He decides to return the lamp and demands a full refund. The seller objects and says that "all our customers get right of withdrawal info". But they cannot show which email they sent to Tom, or where on the website the information was. Under § 7 the seller must prove it — it is not Tom who must prove the opposite. The result: the seller has not fulfilled its duty to provide information, and Tom's withdrawal period is automatically extended.
Common mistakes
- You think you must prove what the seller said. You do not. It is the seller who must prove what they informed you about.
- You think that "it says so somewhere in my terms" is enough proof from the seller's side. Often it is not. The seller must be able to show that you in particular received the information in a clear and understandable way.
- You delete all communication with the seller after the purchase. Even though the burden of proof lies with the seller, it is smart to keep confirmation emails, receipts and screenshots. If there is a dispute, this helps.
What should you do?
Even though the law is on your side: keep the documentation. Save the confirmation email, take screenshots of the shopping cart and order page, and keep physical receipts. If you complain to the seller and meet resistance, refer them to § 7 and demand that they produce documentation that they fulfilled the duty to provide information.
If the seller does not cooperate, you can complain to the Norwegian Consumer Council (Forbrukerrådet). They often assess the evidence strictly — in your favour if the seller cannot document it.
Frequently asked questions
What if the seller says they have not received my notice of withdrawal?
Does the seller have to prove that I read the information?
- § 8The seller's duty to provide information before the purchase
- § 20How to use the right of withdrawal
- § 21The withdrawal period and when it is extended
- Can the online shop deduct an amount when the returned item has been used?
- What happens if the online shop forgets to inform you about the right of withdrawal?
- How long is my withdrawal period if the online shop did not inform me about the right of withdrawal?
- Do I have a right of withdrawal for specially ordered goods?