§ 2-1. Paying by account or in cash: the consumer's right to pay in cash

The Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

In brief

The text of the law (unofficial translation)

§ 2-1. Method of settlement. Consumers' right to pay in cash

(1) Payment may be made by transferring the amount to the recipient's account, unless otherwise agreed or the recipient has requested payment in legal tender.
(2) The recipient may give more detailed instructions on the method of payment if this does not entail significant additional expense or other inconvenience for the payer (betaler). The first sentence does not apply to a trading seller's duty to offer consumers the option of paying in legal tender when selling goods or services, cf. the third paragraph.
(3) In business premises where a trader regularly sells goods or services to consumers, the consumer shall be offered the option of paying in legal tender if the goods or service can be paid for with other payment solutions in or in immediate connection with the business premises. If the trader has change available, the trader shall in these cases also offer to give change in connection with the payment, but not if there is a clear disproportion between the banknote offered as payment and the amount to be paid. The first and second sentences do not apply to sales of goods from vending machines, sales in unstaffed business premises and sales in premises to which only a limited group of persons has access. Nor do the first and second sentences apply when the amount to be paid is higher than NOK 20,000.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 2-1

What does this mean?

This section opens Chapter 2 and sets out how a payment is normally settled. The starting point is transfer to the recipient's account. The recipient may also specify the method of payment, as long as this does not cause the payer significant additional expense or other inconvenience. That freedom does not apply to the seller's duty to accept cash from consumers.

The third paragraph is a cash rule for shops. If a trader regularly sells goods or services to consumers from business premises, the consumer must be able to choose to pay in cash whenever the customer (kunde) can otherwise pay in another way in or right next to the premises. If the seller has change, the seller must also offer to give change, but not when there is a clear disproportion between the banknote and the amount to be paid. The rules do not apply to vending machines, unstaffed premises or premises with restricted access. Nor do they apply when the amount is over NOK 20,000.

Example: a seller offers card payment in the business premises. The seller must then also offer the consumer the option of paying in cash. If the seller has change, it must be used, but giving change can be refused when a large banknote is offered to cover a small amount.

The rules are connected to the rest of the chapter. § 2-2 says when a payment is regarded as made, § 2-3 that payment must be made in the agreed currency, and § 2-4 that a fee for using particular means of payment must be notified and, for consumers, cannot exceed the recipient's actual cost. § 2-5 governs how fees are allocated. Administrative fines (overtredelsesgebyr) are governed by § 7-2, which refers to this section.

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