§ 24. Compensation when the goods are delayed
You can demand that the seller (selger) covers financial losses you suffer because the goods are delayed. The seller only escapes liability if the delay is due to an unforeseen obstacle beyond their control — such as a natural disaster.
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 (forbruker) may claim compensation (erstatning) for loss he or she suffers as a result of delay (forsinkelse) on the part of the seller.
However, this does not apply to the extent that the seller proves that the delay is due to an obstacle beyond his or her control, which the seller could not reasonably be expected to have taken into account at the time of the agreement, or to have avoided or overcome the consequences of.
If the delay is due to a third party whom the seller has engaged to perform the purchase in whole or in part, the seller is free from liability only if the third party would also be exempt under the rule in the second paragraph. The same applies if the delay is due to a supplier the seller has used, or to anyone else in an earlier link in the sales chain (tidligere salgsledd).
The exemption from liability applies for as long as the obstacle exists. If the obstacle ceases, liability may be invoked if the seller is then obliged to perform but does not do so.
The compensation is assessed according to the rules in chapter 11.
What does this mean?
When goods do not arrive, it can set off chain reactions that cost you money. § 24 ensures that you do not bear the financial blow.
Typical losses: You had to rent a substitute item, or you bought the same item at a higher price elsewhere because the first one was delayed.
The exception: "Force majeure" — a fire at the factory, a national strike, a sunken cargo ship. But the supplier simply being slow is not a valid excuse. The seller is responsible for their subcontractors.
Example
Sofie orders a car seat. The online shop promised delivery (levering) by Friday — on Saturday she is leaving on holiday. On Thursday the shop reveals that the order has been lost. Sofie has to buy a car seat locally — NOK 1,000 more expensive. She cancels the order and sends a claim for compensation of NOK 1,000 to the online shop. The shop must pay.
Common mistakes
- Claiming compensation for "pain and suffering" — only specific financial loss is compensated
- Not trying to limit the loss — you cannot rent the most expensive substitute you can find
What should you do?
Contact the seller BEFORE you incur large expenses. Say: "Since you are not delivering, I find myself forced to [action]. I will claim this as compensation under § 24."