§ 53. Claim the price difference when you have to buy at a higher price elsewhere
If you cancel the purchase (heving) because of the shop's fault and buy an equivalent item from a competitor at a higher price, you can demand that the first shop pays the price difference. This is called a replacement purchase (dekningskjøp).
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 purchase is cancelled and the consumer (forbruker) makes a replacement purchase or the seller (selger) makes a replacement sale in a reasonable manner and within a reasonable time after the cancellation, the purchase price (kjøpesum) and the price under the replacement transaction shall form the basis when the price difference is to be calculated.
If the purchase is cancelled without replacement being made in accordance with the first paragraph, and there is a market price (gjengs pris) for the item, the purchase price and the market price at the time of cancellation shall form the basis when the price difference is to be calculated.
The market price is deemed to be the price at the place of delivery (leveringssted) for items of the same kind or, if there is no market price there, at another place that may reasonably be considered equivalent to it, taking into account, however, any difference in transport costs.
What does this mean?
You bought a PC for NOK 5,000 on offer. In January, the shop cancels. All other shops now charge NOK 7,500. Under § 53, you can buy from another shop and send the first shop a bill for NOK 2,500 — the price difference.
But you must buy "in a reasonable manner": an equivalent PC, not a more expensive luxury model. And you must buy "within a reasonable time" after the cancellation.
Example
Eva orders a patio door for NOK 12,000. The shop does not deliver, and she cancels the purchase. To get the house closed up, she buys an identical door from the building supplies chain for NOK 14,500. She sends a claim for NOK 2,500 to the first seller. They are obliged to pay.
Common mistakes
- Buying a hugely upgraded replacement — you can only claim the price difference for an equivalent item
What should you do?
Find the item at two competitors. Send the links to the shop and say: "If you do not deliver, I will make a replacement purchase and claim the price difference under § 53." This often gets the shop to manage to deliver.