§ 28. You can withhold money when the item has a defect (mangel)
If the item has a fault and the invoice is unpaid, you do not have to pay everything. You can withhold an amount that corresponds to the fault — but not an unreasonably large amount for a trifle.
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 arising from the defect, but not obviously more than what will provide adequate security for the claim.
What does this mean?
This is exactly the same means of pressure you have in the case of delay (forsinkelse) (§ 20), but now because the item has a fault. An unpaid invoice is your strongest bargaining chip — the shop is much more motivated to fix the fault while they are waiting for the money.
You can withhold an amount that is sensible in relation to the fault. If there is a small scratch on one of ten furniture parts, you cannot withhold the entire bill. Withhold the value of what is damaged, plus a small margin.
Example
Kari receives bathroom tiles for NOK 10,000. Two decorative tiles (NOK 1,500) cracked during transport. Kari pays NOK 7,000 and withholds NOK 3,000 until she has received two new undamaged tiles. Correct use of the right to withhold payment (tilbakeholdsretten).
Common mistakes
- Paying the whole bill anyway because you are afraid of debt collection (inkasso) — then you lose your best bargaining chip
- Withholding 100 % of the purchase price (kjøpesummen) for a marginal, cosmetic fault
What should you do?
Take a photo of the fault. Send an email: “I have received the item but it is damaged. I am making a complaint and withholding NOK [amount] under the Consumer Purchases Act § 28 until the fault has been remedied.” Send the same message to Klarna/the invoicing company.