§ 9. Can the shop refuse to hand over goods before you pay?
The shop has the right to keep the goods until it has received its money. You cannot demand to take the item with you if you do not pay, unless you have agreed on an invoice or credit.
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)
The seller (selger) is not obliged to hand over the item, deliver documents, or in any other way transfer control of the item, unless the purchase price (kjøpesum) is paid at the same time. However, this does not apply if the seller has given the consumer (forbruker) credit.
If the seller is to send the item to another place, he or she may nevertheless not refrain from sending it, but the seller may prevent the consumer from gaining control before the purchase price is paid.
What does this mean?
The main rule when buying is simple: payment against goods. The shop can stop you and refuse to hand over a sweater if your card has not been charged. This is called right of retention (tilbakeholdsrett).
There is one exception: credit agreements. If you have agreed in advance that you are buying through an invoice solution (such as Klarna) or an instalment plan, the goods must be handed over immediately.
Example
Marius is buying a used boat for NOK 150,000. He has a problem with his online bank and asks to take the boat and pay tomorrow. The boat company says no. The law is on their side — they have no obligation to give credit.
Common mistakes
- Getting annoyed with a shop because it refuses to send goods on invoice
- Believing that a binding agreement to buy means you own the goods before you have paid
What should you do?
Make sure you have enough money in your account when you collect an item, or agree on invoice payment before you get to the checkout.