§ 32. How to get your money back (cancellation of the purchase (heving)) for a broken item

If you can't get the item repaired or replaced, you can "cancel" the agreement: give the item back and get back everything you paid. You can always cancel unless the seller (selger) proves that the fault is trivial.

The Consumer Purchases Act (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)

Instead of a price reduction (prisavslag) under § 31, the consumer (forbruker) may cancel the agreement, unless the seller proves that the defect (mangel) is insignificant.

Source: Lovdata — Forbrukerkjøpsloven (the Consumer Purchases Act) § 32

What does this mean?

Cancellation of the purchase is the strongest weapon. The agreement is wiped out entirely: you hand back the item, and the shop pays back everything.

After a change in the law, it is now the seller who must prove that the fault is insignificant (trivial), not you who must prove that it is serious. If they can't do that, you have the right to cancel the purchase.

What counts as "insignificant"? A loose thread sticking out. A button in the wrong colour. Something with no practical significance at all. A motor that cuts out on uphill slopes is not insignificant.

Example

Ingrid buys an e-bike. The motor keeps cutting out on uphill slopes. After an unsuccessful visit to the workshop, she demands cancellation of the purchase. The shop says it's "just a sensor". The shop now has the burden of proof (bevisbyrde) and cannot prove that the fault is insignificant: the whole point of an e-bike is that the motor works on uphill slopes. Ingrid gets her NOK 35,000 back.

Common mistakes

  1. Demanding cancellation of the purchase straight away without letting the shop try to repair it once
  2. Shops dismissing the cancellation claim without evidence: they actually have to make the case for an "insignificant defect"

What should you do?

Formally and in writing: "Since the item still does not work and the defect is not insignificant, I am cancelling the purchase under the Consumer Purchases Act § 32. I expect the purchase price (kjøpesum) [NOK X] to be refunded within 14 days. The equipment is ready for collection."

Frequently asked questions

Do I get back money I paid for shipping and installation?
Yes. Cancellation of the purchase means you are put in the position as if the deal had never taken place. Everything that came with the purchase must be refunded.
Do I need the original packaging?
No. You can cancel the purchase even if the cardboard has been recycled.
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All sections of the Consumer Purchases Act →
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