§ 33. Compensation when the item is defective
When an item has a fault, you can demand that the shop covers all extra bills and losses you incur as a result of the fault. You cannot get compensation (erstatning) for stress or lost free time.
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 claim compensation for loss he or she suffers as a result of the item having a defect (mangel).
Where it concerns an agreement with a grid company (nettselskap) for the transmission of electrical energy (cf. § 2 first paragraph letter d), the consumer may claim compensation for loss resulting from the defect. This does not apply, however, insofar as the grid company proves that the defect is due to an impediment as mentioned in § 24 second paragraph. The other rules in § 24 apply correspondingly.
Compensation under the first paragraph is assessed according to the rules in chapter 11, but if special reasons support it, the compensation may instead be set based on the significance of the defect to the consumer.
What does this mean?
If the shop's defective product costs you money, the shop must pay. Typical losses:
Direct expenses — you had to send the item back for NOK 150, or rent a replacement item.
Price difference — the purchase was cancelled, but you had to buy the same thing elsewhere for NOK 2,000 more.
Liability for compensation for ordinary goods is "strict" — the shop pays regardless of whether the fault was theirs or the factory's.
Example
Tom buys a winter jacket. The zip fails while he is on a trip. He rents a down jacket at the hotel for NOK 800 and cancels the purchase. In addition to the price of the jacket, he sends a claim for NOK 800 as compensation under § 33. A direct loss caused by a defective item — the shop pays.
Common mistakes
- Claiming thousands for "pain and suffering" — only specific financial loss is compensated
- Not keeping receipts from necessary replacement purchases
What should you do?
Limit your expenses where you can, keep all receipts, and send them together to the shop once the complaint has been resolved. Write briefly what the bills are for and that you are claiming compensation for loss resulting from a defect.