§ 35. Can you complain to the wholesaler or the importer?
If you discover a fault, instead of going to the shop you can direct your complaint at an earlier link in the sales chain (tidligere salgsledd), for example a Norwegian importer (importør) or wholesaler. This is called a direct claim (direktekrav).
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 assert his or her claim for a defect (mangel) against the seller (selger) against an earlier professional link in the sales chain, to the extent that a corresponding claim on account of the defect can be asserted by the seller or by another person who acquired the item from the earlier link.
An agreement in an earlier link in the sales chain that restricts the claim of the seller or of another acquirer cannot be invoked against the consumer's claim under the first paragraph to a greater extent than could have been agreed between the consumer and the seller.
The rules on complaints about a defect (reklamasjon) in § 27 apply correspondingly to claims under this section.
The consumer may, on the same conditions as in the first to third paragraphs, assert his or her claim resulting from a defect against a professional who, under an agreement with the seller or an earlier link, has carried out work on the item.
The consumer may also assert claims under the rules in the Act of 13 May 1988 No. 27 relating to the sale of goods, the Sale of Goods Act (kjøpsloven), § 84 first paragraph, if this gives the consumer greater rights than follow from this section.
An earlier link in the sales chain cannot use claims against the seller for set-off (motregning) against the consumer.
What does this mean?
§ 35 is a hidden lifeline: the "direct claim". It is worth its weight in gold if your local dealer has gone bankrupt (konkurs) or is impossible to deal with.
The condition is that the defect existed when the item left the earlier link. The importer cannot use contracts from the business world against you. They must give you a two- or five-year deadline for complaints, just like the shop.
Example
Eva bought a heat pump from "Tronds Klima", which is now bankrupt. The pump fails. Eva knows the heat pump was imported by a large electrical wholesaler. Under § 35 she directs her claim straight at the wholesaler, which is obliged to send a service technician and fix the defect.
Common mistakes
- Throwing the item away because the small online shop has closed down, without thinking of the Norwegian importer
- Trying to reach factories in China that do not operate under Norwegian law
What should you do?
If the seller is bankrupt: Check who the Norwegian importer is (google the brand + "Norge" or "importør"). Send an email, refer to "forbrukerkjøpsloven § 35 - Direktekrav", attach the receipt and demand that the importer fixes the fault.