§ 20. The right to withhold payment in case of delay (forsinkelse)

If the shop does not deliver the item when it should, you do not need to pay for it until it arrives. You can withhold an amount that gives you security — but not an unreasonably large amount for a small delay.

The Consumer Purchases Act (forbrukerkjøpsloven)·LOV-2002-06-21-34

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 consumer (forbrukeren) may withhold payment to cover claims resulting from the seller's (selgerens) delay, but not obviously more than what will provide adequate security for the claim.

Source: Lovdata — Forbrukerkjøpsloven (the Consumer Purchases Act) § 20

What does this mean?

If you have received a bill, but the item is still sitting in a warehouse in Sweden, you have the right to leave the bill unpaid until the item has been delivered (levering). The shop cannot send a debt collection (inkasso) demand for an item they are late in delivering.

The law sets a limit on how much: If you have not received the main item, you pay nothing. If you have received almost everything and one part is missing, you can withhold an amount corresponding to the value of what is missing — plus a little extra to be on the safe side.

Example

Lars orders a bed and bedside tables for NOK 25,000. The bed is delivered, but the bedside tables (NOK 4,000) are delayed. Lars pays NOK 20,000 now and withholds NOK 5,000 until the bedside tables arrive. The shop cannot charge late payment interest (forsinkelsesrente) on the NOK 5,000.

Common mistakes

  1. Paying the invoice in full out of fear of debt collection, even though the item has not arrived
  2. Withholding an obviously unreasonable amount relative to the size of the delay

What should you do?

Immediately send an email to the seller: "The item is delayed. I am withholding payment under the Consumer Purchases Act § 20 until the item has been delivered." Also contact Klarna/the credit card company and "dispute" the claim — they will then freeze the invoice.

Frequently asked questions

Does this also apply when I have paid in advance?
No — the money has already been taken. However, if you paid by credit card, you can claim the money back through the card issuer if the item never turns up.
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