§ 29. Right to choose between repair and a new item
As a general rule, you decide whether the shop should give you a new, equivalent item or repair the one you have. The shop can only refuse a new item if it is impossible to obtain, or if it costs them unreasonably much more than a repair.
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 choose between requiring the seller (selger) to carry out repair of the defect (retting av mangelen) or to deliver an equivalent item (replacement (omlevering)). This does not apply if the chosen remedy is impossible to carry out or would impose disproportionately large costs on the seller. In deciding whether the costs are disproportionate, weight shall be given, among other things, to the value of an item without defects, the significance of the defect and whether the other remedy can be carried out without significant inconvenience to the consumer.
If both repair of the defect and replacement are impossible to carry out or would impose disproportionately large costs on the seller, the seller may refuse to remedy the defect. In deciding whether the costs are disproportionate, weight shall be given, among other things, to the value of an item without defects and the significance of the defect.
Even if the consumer requires neither repair of the defect nor replacement under the Act, the seller may offer repair of the defect or replacement. If the seller carries out such repair of the defect or replacement in accordance with the Act, the consumer cannot demand a price reduction (prisavslag) or cancellation of the purchase (heving). The consumer may nevertheless immediately demand a price reduction or cancellation of the purchase if the defect is by its nature so serious that it is not reasonable to expect the consumer to accept an offer of remedy of the defect (avhjelp).
What does this mean?
The shop has the right to sort things out (“remedy of the defect”). You can point to what you want: repair the jacket or a new jacket.
You have a lot of freedom to choose, but not unlimited power. If you demand a new phone because the volume button is loose, the shop can say no and repair it instead — if giving you a new one costs them disproportionately much more.
For cheap items (coffee makers, toasters), it is often cheaper for the shop to replace than to repair. Then your demand for a new item will succeed. For expensive items (cars, white goods), the shop will almost always have the right to repair the component in question.
Example
Jonas has bought a coffee machine for NOK 1,500. After three months, the heating element stops working. He demands a new machine. The shop wants to send it to a workshop. Because it costs the shop more to ship, troubleshoot and repair than to give him a new one from the pallet, Jonas has the law on his side. They must give him a new machine.
Common mistakes
- Accepting that the shop sends everything for repair, even for very cheap items
- Demanding a new car because the gearbox has a fault — here the dealer has the right to repair
What should you do?
Is it an item that is easy to swap from the shelf? Say clearly: “I demand replacement (a new item) under § 29.” Ask what a repair costs them in workshop hours — they often realise that a new item is cheapest for everyone.
Frequently asked questions
What if they no longer have my colour in stock?
- How to complain about an item or service: deadlines and procedure
- The customer complains: how the shop should handle a complaint about a defect (reklamasjon) correctly
- Heat pump with installation: your rights when it does not work as promised
- Ordering a new car: advance payment, delivery (levering), equipment and cancellation of an order (avbestilling)