§ 43. The shop's rights when you breach the agreement
If you do not pay or do not fulfil your obligations, the shop can demand payment, cancel the purchase (heve), claim late payment interest (forsinkelsesrente) and compensation (erstatning), and withhold the goods.
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 consumer (forbrukeren) does not pay or fulfil their other obligations under the agreement or the Act, and this is not due to the seller (selgeren) or circumstances on the seller's side, the seller may a. demand performance of the contract (oppfyllelse) under § 44 b. demand cancellation of the purchase (heving) under § 45 c. demand compensation and interest under § 46 d. withhold their performance under § 9.
The seller's right to compensation and interest is not lost because he or she asserts other claims, or because these cannot be asserted.
What does this mean?
§ 43 is the shop's table of contents of available measures. For the shop to be able to use these, you must have done something wrong — typically that you do not pay the invoice, or that you order a custom-made item and then refuse to collect it.
An order is legally binding. You cannot "ghost" a shop and expect the problem to go away.
Example
Thomas orders a custom-painted moped for NOK 25,000 and pays a deposit (depositum). When the moped is ready, he has spent all his money. He stops answering. The shop cancels the purchase, keeps the deposit, sells the moped more cheaply to another customer, and sends Thomas a claim for compensation for the loss in value. Fully within its rights.
Common mistakes
- Ordering something on invoice and thinking the deal is cancelled free of charge by simply not collecting it
- Refusing to pay an invoice without telling the shop in writing WHY
What should you do?
Have you ordered something you cannot pay for? Contact the seller immediately. The sooner you let them know, the better the chance of an amicable solution with a small fee.