§ 3. The Act is mandatory

The Act is mandatory (ufravikelig). A shop cannot make its own rules that give you weaker rights than what the law says. Such an agreement will be invalid — even if you have signed it.

Forbrukerkjøpsloven·LOV-2002-06-21-34

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 Act cannot be departed from by agreement to the detriment of a consumer. The first sentence has no bearing on the validity of agreements entered into after the consumer has given notice of a breach of contract (kontraktsbrudd).

It cannot be agreed that the rules of law of a state outside the EEA (EØS) shall apply to a purchase agreement (kjøpsavtale) that has a close connection to the territory of the EEA states, if the consumer thereby receives weaker protection than under this Act.

Source: Lovdata — Forbrukerkjøpsloven (the Consumer Purchases Act) § 3

What does this mean?

This is one of the most important sections for you as a customer. Your rights cannot be negotiated away or weakened through the shop's own terms.

If the purchase contract says that "the customer has only a 1-year complaint deadline", that clause does not apply. The law says you have a complaint deadline of at least two or five years. The law always overrides the agreement if the agreement is worse for you.

The shop can, however, give you better terms — for example a 10-year guarantee (garanti) or free returns. As long as the change is to your advantage, it is allowed.

Example

Lars buys an expensive computer monitor. The receipt says: "The shop accepts no responsibility for pixel faults after the box has been opened." Three days later the monitor dies. The shop points to the receipt. Lars has the law on his side: That clause is invalid because it breaches the Consumer Purchases Act. The shop must fix the monitor.

Common mistakes

  1. Giving up because the shop refers to its own "standard terms"
  2. Believing that a signed contract means you have lost your rights
  3. Being fooled by "sold as is" disclaimers from shops

What should you do?

Do not be intimidated by complicated purchase contracts. If you discover a defect (mangel), claim your rights under the law regardless of what the receipt says. If the shop refuses, you can take the matter further to the Norwegian Consumer Authority (Forbrukertilsynet).

Frequently asked questions

What if I have signed that I accept worse terms?
The signature means nothing. The law applies regardless, and the unlawful clause in the contract is struck out of the agreement.
Can a foreign online shop require me to follow their country's laws?
Not if they direct their sales at Norway (Norwegian text, Norwegian kroner). In that case you must have at least as good protection as Norwegian rules require.
Related sections
All sections of the Consumer Purchases Act →
Questions about this section
Tools for this