§ 21. You can demand that the seller actually delivers the item
Even if the delivery date has passed, you can uphold the purchase and demand that the seller obtains the item, unless it is physically impossible or would cost the shop an unreasonable amount.
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)
If the time of delivery has arrived without the item having been delivered, the consumer (forbruker) may nevertheless uphold the purchase and demand performance of the contract (oppfyllelse).
This does not apply if there is an obstacle that the seller (selger) cannot overcome, or if performance of the contract would entail such great inconvenience or cost for the seller that it is substantially disproportionate to the consumer's interest in the seller performing. If the difficulties cease within a reasonable time, the consumer may demand performance of the contract.
The consumer loses his or her right to demand performance of the contract if he or she waits unreasonably long before making the claim.
What does this mean?
You do not have to accept that the shop simply refunds the money and washes its hands of the matter. You can "uphold" the purchase, which means the shop must order the item again and deliver it at the agreed price, even if it has to get it from another supplier.
Exceptions: 1) It is impossible (the factory has burned down, the item is no longer produced). 2) Unreasonable cost: the shop would have to fly in the item specially at an enormous cost compared with the item's value. In normal cases, where the item is just sold out at one supplier, the shop must obtain it.
Example
Sara buys a record player online. Two weeks past the deadline, the shop offers to delete the order. Sara refuses and demands performance of the contract. The record player is still being made, and even though the shop has to buy it from a more expensive wholesaler in England, this does not exceed the threshold for "unreasonable costs". The shop is bound by the agreement.
Common mistakes
- Believing that the shop can simply cancel the purchase whenever it suits them and send the money back
- Forgetting to speak up quickly: if you wait too long, you lose the right to demand performance of the contract
What should you do?
Reply in writing as soon as you receive notice of a delay (forsinkelse) or cancellation: "I do not accept the cancellation and uphold the purchase under the Consumer Purchases Act (forbrukerkjøpsloven) § 21. Please confirm a new delivery date."