§ 18. When the seller's marketing becomes binding
If the goods do not match information the seller has given in marketing, adverts or on the packaging — and this may have influenced your purchase — that is a defect (mangel). The same applies to information from earlier links in the sales chain (manufacturer, importer) if the seller knew or should have known about it. Exception: if the information has been clearly corrected in time.
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)
(1) The rules on defects also apply when the goods do not match information that the seller, in its marketing or otherwise, has given about the goods, their properties or use, and which can be assumed to have influenced the purchase.
(2) The rules in the first paragraph apply correspondingly when the goods do not match information that someone other than the seller has given on the goods' packaging, in an advert or other marketing on behalf of the seller or an earlier link in the sales chain. This does not apply if the seller neither knew nor should have known that the information had been given.
(3) The rules in the first and second paragraphs do not apply when the information has been corrected in a clear manner in time.
What does this mean?
You rarely buy just a product — you also buy the information about it. Advert text, product labelling, product sheets, descriptions in the online shop. The law says: if the seller (selger) has said something about the goods that may have influenced your decision to buy, and it turns out to be wrong, that is a defect.
Three paragraphs:
The seller's own information (first paragraph): Everything the seller has said or written about the goods — in an advert, email, the shop, on the website — can become part of the "agreement". Two conditions: the information must concern the goods (not general statements about the industry) and must be capable of having influenced the purchase.
Information from others (second paragraph): The manufacturer's marketing, the importer's information, or text on the packaging can also bind the seller — as long as the seller knew or should have known about the information. That is reasonable: if Power sells a TV with the manufacturer's specifications on the box, Power must answer for it if the specifications are wrong.
Clear correction (third paragraph): If the information has been corrected in time and in a clear manner — for example through a correction notice or information in the shop before the purchase — the seller is not liable.
Examples
Tom buys a camera drone from a specialist retailer after seeing an advert that said "up to 45 minutes flight time". In reality it is closer to 25 minutes in normal use. If the advert was misleading and influenced Tom's choice, it is a defect under § 18 first paragraph. Tom can claim a price reduction (prisavslag), or possibly cancellation of the purchase (heving) if the deviation is significant.
Anne buys a special cream from a small pharmacy. The packaging says "suitable for sensitive skin — tested at the University of Oslo". The cream gives Anne a strong reaction, and it turns out the test was never carried out. Even though the information is on the packaging (not directly from the pharmacy), it is a defect under § 18 second paragraph — as long as the pharmacy knew or should have known that the claim had been made. Anne can claim a price reduction, replacement (omlevering) or cancellation of the purchase.
Common mistakes
- Believing only what is in the contract counts — advert text, emails and chat messages count too
- As a seller: using exaggerated wording in marketing that can bind you
- Believing "approx." and "up to" give you free rein — they do not give unlimited leeway
- Forgetting to correct wrong information before the purchase takes place
What should you do?
Then there is a defect — and you have the same claims as with other defects (§ 30): repair of the defect (retting), replacement, price reduction, cancellation of the purchase and compensation (erstatning). Which claim fits best depends on how serious the deviation is.
As a buyer (kjøper):
- Keep adverts, emails and chat messages that describe the goods — they are evidence
- Take screenshots of web pages before buying
- Raise deviations as soon as you discover them
As a seller:
- Be conservative in your marketing
- Correct errors clearly and quickly — § 18 (3) is a lifeline, but you must actively do something
- Remember that the manufacturer's marketing can also bind you