§ 23. When can you cancel the purchase because the item is delayed?
To cancel a delayed purchase, you normally have to give the seller (selger) one last chance — an "additional deadline" (tilleggsfrist). If they still do not deliver, you can get your money back. You can cancel immediately if the item was tied to a specific time (such as a wedding dress), or if the shop says outright that it refuses to deliver.
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 seller has not delivered the item on time in accordance with § 6, the consumer (forbruker) shall request the seller to deliver within a reasonable additional deadline for performance of the contract (oppfyllelse). If the seller does not deliver within this additional deadline, the consumer may cancel the agreement.
The first paragraph does not apply if the seller has refused to deliver the goods, if delivery (levering) within the agreed time is decisive for the conclusion of the agreement, or if the consumer, before the conclusion of the agreement, has informed the seller that delivery within or at a specific time is decisive. If, in such cases, the seller has not delivered on time in accordance with § 6, the consumer may cancel the agreement immediately.
If the item has been delivered, the claim for cancellation of the purchase must be made within a reasonable time after the consumer learned of the delivery.
What does this mean?
Cancellation of the purchase means undoing the agreement entirely: you get your money back, and the shop keeps the item. But you cannot cancel because the parcel was one hour late.
The additional deadline must be "reasonable" — three to seven days for an off-the-shelf item. If it is exceeded, you can cancel the purchase and demand a refund.
Three exceptions give you the right to cancel immediately: 1) The shop refuses to deliver. 2) The purchase was tied to a specific time (Christmas trees, a wedding cake). 3) You expressly told the seller that the delivery date was decisive.
Example
Petter orders rear tyres online, with delivery promised in 2–4 days. After 10 days, nothing. He sends an email and sets a final deadline of 5 days. The deadline runs out without delivery. Petter sends a new email: "The deadline has been missed, I am cancelling the purchase and demanding my money back." The purchase is now cancelled.
Common mistakes
- Demanding cancellation of the purchase immediately without giving the seller an additional deadline
- Setting a ridiculously short additional deadline — "two hours" is not reasonable
- Accepting an extremely delayed item and using it for a week, then trying to cancel
What should you do?
Do it in writing. Step 1: "I am setting a reasonable additional deadline of [date]. If the item is not delivered by then, I will cancel the purchase." Step 2: After the deadline: "The additional deadline has expired. The purchase is cancelled. Please refund the amount to my account."
Frequently asked questions
What if the shop says it has sent the parcel, but Posten has lost it?
- § 19Claims in the event of delay
- § 21Right to performance of the contract
- § 24Compensation (erstatning)