§ 15. What can you require of the goods you buy?
The goods you buy must match what was agreed. They must have the quantity, quality and functionality you expect, and be fit for ordinary purposes. The seller (selger) must also give you updates for smart products.
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 item shall conform to the requirements as to type, quantity, quality, functionality and other properties that follow from the agreement. The item shall be delivered with packaging and all accessories that follow from the agreement. The same applies to instructions, including installation instructions, and any updates. The item shall be fit for particular purposes which the consumer (forbruker), at the latest at the time the agreement was entered into, made known to the seller, if the seller has accepted this.
The item shall also conform to the requirements that follow from the third and fourth paragraphs, unless the consumer, when the agreement was entered into, was specifically informed that a particular property of the item would deviate from these requirements, and expressly and separately accepted this deviation.
Unless otherwise agreed in accordance with the rules in the second paragraph, the item shall a. be fit for the purposes for which items of the same kind are normally used b. correspond to the quantity and have the properties and other functions, including with regard to durability, functionality and safety, that are normal for items of the same type and that the consumer can reasonably expect when buying such an item c. be of the same quality as, and correspond to the description of, a sample or model that the seller made available to the consumer before the agreement was entered into d. be delivered with relevant accessories, such as packaging, installation instructions, user manual or other instructions, that the consumer can reasonably expect to receive e. conform to public-law requirements laid down in legislation or in public decisions made pursuant to law at the time the purchase is concluded, unless the consumer intends to use the item in such a way that the requirement is of no significance.
For items which, in accordance with § 2 first paragraph letter e, are to be delivered together with a digital service (digital ytelse), the seller shall ensure that the consumer is informed of and receives updates, including security updates, that are necessary for the item to continue to conform to the requirements of the Act. Where the agreement concerns a single delivery (levering) of a digital service, the seller's obligations under the first sentence apply for the period that the consumer can reasonably expect given the type and purpose of the item and the digital service, and taking into account the circumstances and nature of the agreement. Where the agreement concerns a continuous delivery of the digital service, the seller's obligations under the first sentence apply for as long as the digital service is to be delivered, but in any case for at least two years after delivery of the item.
The seller is not liable for defects (mangler) that are due solely to the consumer failing, within a reasonable time, to install updates as mentioned in the fourth paragraph. However, this applies only if the seller has informed the consumer that the update was available and of the consequences of not installing it, and the failure to install is not due to errors in the installation instructions provided to the consumer.
What does this mean?
This section sets a "basic standard" for everything you buy. If you buy a coffee maker, it must make coffee, have normal durability, and come with a cord and a user manual.
If you buy a phone or another internet-connected gadget, the section places an extra responsibility on the shop: you must receive security updates and other updates needed for the gadget to keep working. This responsibility applies for as long as you can reasonably expect the item to last — at least two years.
If you buy a "B-grade item" with a visible fault, this is lawful — but only if the seller expressly told you about the fault before you paid, and you explicitly accepted it.
Example
Marius asks an employee at a sports shop about a tent that can withstand strong wind and sub-zero temperatures. The seller recommends a tent for NOK 3,500. In the mountains, the tent poles snap in the first gust of wind. The tent was not fit for the particular purpose Marius stated — the seller accepted it when he recommended the product. This is a breach of § 15.
Common mistakes
- Believing you cannot complain about cheap items — they must also work for their normal purpose
- Forgetting to install software updates and then complaining that the apps stop working
- Believing that general signs ("all goods sold as is") take away your rights — they do not
What should you do?
Check the receipt and find the advert or the box the item came in. Documentation of what was promised is the strongest card you hold. Update smart products immediately when the update notification appears.