§ 48. Who decides colour and size if you forget?
If you are supposed to choose specifications for the item (colour, size, equipment) and you do not do so within a reasonable time, the shop can choose for you. If they give you one final notice and you still do not reply, their choice becomes binding.
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 is to determine the form, dimensions or other characteristics of the goods and this is not done by the agreed time or within a reasonable time after the seller (selger) has requested it, the seller may do so himself or herself in accordance with what he or she must assume is the consumer's (forbruker) interest. This does not prevent the seller from asserting other claims that he or she has.
The seller must inform the consumer of the specifications he or she will use and give the consumer a reasonable deadline to change the specifications. If the consumer does not do so in time after receiving the seller's notice, the seller's specifications become binding.
What does this mean?
The law keeps businesses from grinding to a halt because of indecisive customers. They can choose for you — but they must not punish you. The choice must be made "in accordance with what they assume is your interest" (the standard colour, not neon pink).
But BEFORE the choice becomes binding, they must send you one final notice with a reasonable deadline. If you do not reply then either, the matter is settled.
Example
Eva orders wardrobes but puts off choosing the handles. The carpenter sends two reminders. He chooses steel handles and sends a text message: "I'll fit brushed steel by Friday unless you let me know today." Eva reads it and does not reply. The wardrobes are delivered with steel handles. Eva must accept them and pay.
Common mistakes
- Thinking you can change the specifications in the shop when collecting a special order — rarely possible
What should you do?
If you have entered into an agreement where you are to decide something: Do it quickly. If you need more time, ask the seller for it in writing.