§ 36. Liability for false advertising by the manufacturer
If a manufacturer or wholesaler has given incorrect information in advertising, they are liable for your loss together with the shop. You can choose which of them you want to claim the money from.
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)
When a manufacturer or another person in an earlier link in the sales chain (tidligere salgsledd) has given information as mentioned in § 16 second paragraph, he or she is jointly and severally liable with the seller (selger) for loss the consumer (forbruker) suffers because of the information.
What does this mean?
Section 36 means that you can not only claim compensation (erstatning) from the shop, but also go directly to the manufacturer. They have "joint and several liability" (solidarisk ansvar). This means you are free to choose who you want to claim the money from.
If the shop has gone bankrupt (konkurs), you can send the bill to the importer (importør) or the manufacturer (produsent). They are responsible for the words they print on the box.
Example
Sara sees an official advertisement from a car manufacturer promising that the electric car can tow 1,500 kg. She buys the car from a local dealer. The vehicle registration certificate (vognkortet) shows a maximum of 750 kg. Under § 36, the Norwegian car importer is jointly and severally liable for the loss together with the car dealer. Sara can claim compensation directly from the importer.
Common mistakes
- Giving up the claim because the small shop is bankrupt — the importer is still responsible for its promises
- Shops that say "we didn't make the box, you have to call the manufacturer" — you can always demand that the shop sorts it out
What should you do?
Document the promise — keep the box, take a screenshot of the online advertisement, or download the advertising video. Go to the shop you bought from first. If they refuse, you can direct the claim to the manufacturer's Norwegian office.
Frequently asked questions
What does "jointly and severally liable" mean?
- The heat pump company is bankrupt – who handles the complaint about a defect (reklamasjon) now?
- Can the shop refer the customer to the manufacturer or the importer?
- The solar panel company is bankrupt – who covers the guarantee (garanti) on the panels?
- My new car has a paint defect from the factory – how long can I complain?