§ 26. Your rights when the item has a defect
If the item has a fault that is not your fault, you can withhold payment, demand repair or a new item, demand a price reduction, cancel the purchase, and claim compensation for extra expenses.
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 there is a defect (mangel) and this is not due to the consumer (forbruker) or circumstances on the consumer's side, the consumer may a. withhold the purchase price (kjøpesum) under § 28 b. choose between repair of the defect (retting) and replacement (omlevering) in accordance with §§ 29 and 30 c. demand a price reduction (prisavslag) under § 31 d. demand cancellation of the purchase (heving) under § 32 e. claim compensation (erstatning) under § 33.
The consumer's right to compensation is not lost because he or she asserts other claims, or because these cannot be asserted.
For other faults in the seller's (selger) performance of the contract (oppfyllelse), the provisions on defects apply as far as they are suitable. The parties may agree on a different solution.
What does this mean?
§ 26 is the table of contents for defects. It is a step-by-step system:
First step: A demand for repair or a new item (§ 29). The law gives priority to saving the agreement.
If the shop cannot fix the fault: Price reduction (keep the item and get money back) or cancellation of the purchase (return the item, get everything back).
In addition: Compensation for extra expenses the fault has caused you — regardless of the other claims.
Example
Anne has bought a laptop. After two weeks the keyboard stops working — a hardware fault. Under § 26 she takes the laptop to the shop and demands repair or a new laptop. Since she paid in advance, she cannot withhold money, but she has a full right to a machine that works.
Common mistakes
- Demanding your money back as soon as you discover a fault — the shop has the right to try to fix it first
- Forgetting to ask for compensation for documented losses that came with the fault
What should you do?
Take the item and the receipt to the shop. Point out the problem and say: "This is a defect. I want a repair or a new item."