§ 38. When do you have to pay for the item?

If you have not agreed on a payment date, you must pay when the item is delivered. You are allowed to inspect the item quickly before you pay. The shop cannot force you to pay for a delayed item on the original due date.

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)

If the time of payment does not follow from the agreement, the consumer (forbruker) shall pay when the seller (selger) demands it.

Unless otherwise agreed, the consumer is not obliged to pay the purchase price (kjøpesum) unless the item is handed over or placed at his or her disposal in accordance with the agreement and the Act.

The consumer is not bound by an advance agreement on an obligation to pay at a specific time regardless of whether the seller performs on time.

Before the consumer pays, he or she has the right to examine the item in the usual way, when this is not incompatible with the agreed procedure for delivery (levering) and payment of the purchase price.

Source: Lovdata — Forbrukerkjøpsloven (the Consumer Purchases Act) § 38

What does this mean?

The principle is "performance against performance": the shop delivers the item, you hand over the money. The driver cannot demand payment while the item is locked inside the lorry.

You have the right to open the package or look over the item to check that it is the right item and that it is not broken — before you sign and pay.

If you have agreed on payment on 1 October, but the item is delayed, you do not have to pay on 1 October.

Example

Lars buys a used sofa. The delivery company demands payment by card terminal before they carry the sofa out of the van. Lars refers to § 38 and demands to see the sofa first. He discovers an enormous coffee stain that had not been disclosed. Because he checked BEFORE he paid, he can refuse to accept the sofa and refuse to pay.

Common mistakes

  1. Paying in advance for a cash-on-delivery parcel at the post office without looking for major damage to the box
  2. Paying an invoice for an item the shop is unable to deliver

What should you do?

When a package is delivered to you, take a minute to look over the packaging. Ask to inspect the item before you pay if the box looks damaged.

Frequently asked questions

Is paying in advance online illegal?
No. You are free to agree to pay in advance — the law says "unless otherwise agreed". But you are still protected: if the item is delayed or never delivered, you can cancel the purchase and get your money back.
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