§ 2. Which goods does the Act apply to?
The Act applies to most goods you buy, including made-to-order goods and digital software built into a product. It does not apply to the electricity contract itself, buying a home or pure craftsman services.
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 applies to a. orders for goods to be manufactured (purchase of goods to be manufactured (tilvirkningskjøp)) b. delivery (levering) of water c. purchase of claims or rights d. agreements with a grid company (nettselskap) for the transmission of electrical energy e. digital services (digitale ytelser) which, under the purchase agreement (kjøpsavtale), are to be delivered together with a good, and which are connected to the good in such a way that the services are necessary for the good's functions. This applies regardless of whether the digital services are to be delivered by the seller (selger) or by a third party. If there is doubt as to whether the delivery of the digital services is covered by the purchase agreement, it is to be assumed that the services are covered by the agreement.
The Act does not apply to a. purchase of real estate (fast eiendom) b. agreements for the construction of a building or other structure on real estate c. agreements with an electricity supplier (kraftleverandør) for the delivery of electrical energy. Chapter 5 on delay (forsinkelse) nevertheless applies in the event of a delayed start of the delivery of electrical energy d. agreements that require the party who is to deliver the good also to carry out work or another service, if this constitutes the predominant part of his or her obligations e. agreements for the delivery of digital services not covered by the first paragraph, letter e f. purchase of physical media which, under the agreement, are used exclusively as carriers of digital content. §§ 6, 7 and 23 nevertheless apply to the delivery and to the consumer's (forbruker) claims in the event of delayed delivery of such physical media.
Digital services means services as referred to in the Digital Services Act (digitalytelsesloven) § 1 second paragraph.
What does this mean?
The Act covers most ordinary physical goods, including things that do not yet exist — if you order a custom-made sofa, you are covered by the Act.
In recent years, the Act also applies to digital services that are inseparably linked to the product you buy. A smartwatch with an operating system counts as one package — if the software stops working, the Consumer Purchases Act applies to the whole watch.
Exceptions: real estate, new buildings, your electricity contract with the electricity supplier, and agreements where work is the main element (then the Craftsman Services Act (håndverkertjenesteloven) applies).
Example
Ola buys a ready-made cabin package (building kit) that he will assemble himself — the Consumer Purchases Act applies. His neighbour Petter hires a company that supplies the materials and builds everything — then the main element is a service, and the Consumer Purchases Act does not apply to Petter.
Common mistakes
- Confusing the Consumer Purchases Act with the Craftsman Services Act
- Thinking that the electricity bill from the power company falls under this Act
- Thinking that the Act does not apply because the item is custom-made
What should you do?
Before you complain, check whether the matter concerns a physical item (the Consumer Purchases Act) or work carried out in your home (the Craftsman Services Act). Find the right set of rules first.