§ 49. What actually happens when a purchase is cancelled?
When there is a cancellation of the purchase (heving), the agreement is wiped out. You return the item, and the seller (selger) pays back all the money. If you cancel because of a defect (mangel), the seller covers the return shipping. You can keep the item until the money is in your account.
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 the purchase is cancelled, the parties' obligation to perform the purchase lapses.
If the purchase has been wholly or partly performed by either side, what has been received may be demanded returned. A party may nevertheless withhold what has been received until the other party returns what he or she has received. The same applies when the party is entitled to compensation (erstatning) or interest, and adequate security is not provided.
The consumer (forbruker) shall ensure that the item is delivered to the seller. If it is the consumer who cancels the purchase, the costs of returning the item are borne by the seller. The seller shall repay the purchase price (kjøpesum) when the item is received or the consumer has documented that it has been sent.
The cancellation has no effect on contract terms concerning trade secrets, the resolution of disputes or the parties' rights and obligations resulting from the cancellation.
What does this mean?
Cancellation is the law's divorce. Everything is rolled back: the item to the seller, the money to you.
Return shipping: If you cancel because the shop failed (delay (forsinkelse) or defect), the shop pays for the return shipping. All you have to do is send or drop off the item.
The hostage situation: You can hold on to the broken item until the money is visible in your account. The seller does not have to pay back until you document that the package has been sent.
Example
Jonas cancels the purchase of a broken kick scooter. He drops the scooter off at the post office, takes a photo of the receipt with the tracking number and sends it by email. Under § 49, the seller must pay back the purchase price as soon as Jonas has documented that it has been sent — not two weeks later.
Common mistakes
- Returning the item at your own expense after cancelling because of a defect — the shop must cover the postage
- Paying return fees that the shop decides to deduct
What should you do?
Do not hand over the item without proof that the money is on its way. Return it using the shop's return label and ask for a receipt.