§ 24. When the seller asks whether you still want the goods
If the seller (selger) asks whether you want the goods despite the delay (forsinkelse) — or gives notice of a new delivery (levering) date — and you do not reply within a reasonable time, you lose the right to cancellation of the purchase (heving). The condition is that the seller actually delivers within the stated 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)
If the seller asks whether the buyer (kjøper) will accept delivery despite the delay, or notifies the buyer that he will deliver within a specified time, but the buyer does not reply within a reasonable time after he has received the message, he cannot cancel the purchase if performance (oppfyllelse) takes place within the time specified.
What does this mean?
The law gives the seller a chance to save the situation — and requires you to give a clear answer.
Two situations:
- The seller asks: "Do you still want the goods despite the delay?"
- The seller gives notice: "I will deliver by [date]."
If you do not reply within a reasonable time, and the seller delivers as promised, you cannot cancel the purchase. Your silence counts as acceptance of the new deadline.
The logic: The seller needs to know whether to deliver or not. You cannot stay silent and later pretend you never wanted the goods.
Important: This applies only to the right to cancellation of the purchase. You can still claim compensation (erstatning) for the delay itself (§ 27) — for example extra costs you have had because you waited.
Examples
Marius has ordered a custom-fitted office chair for NOK 14,000 with agreed delivery on 1 March. It is 15 March. The seller sends an email on 16 March: "Sorry, we will deliver on 25 March." If Marius does not reply and the seller delivers on 25 March, Marius cannot cancel the purchase. In practice, he accepted the new deadline by staying silent. If, on the other hand, Marius replies "no, I no longer want it — I have bought another one", he is free to cancel the purchase.
Anne had set an additional deadline (tilleggsfrist) of 14 days. The deadline expired. The seller sends a message: "I will deliver tomorrow." Anne does not reply. The seller delivers. Anne cannot cancel the purchase. But if the additional deadline had expired and she had quickly cancelled the purchase before the seller's message, the situation would have been different.
Common mistakes
- Ignoring messages from the seller and thinking you are free — you are not
- Thinking you must cancel the purchase immediately — you have a reasonable time to reply, but not unlimited time
- Forgetting that the right to compensation does not lapse
What should you do?
When the seller asks or gives notice of a new date:
- Reply in writing — do not stay silent
- Make your choice clear: accept the goods, set a new additional deadline, or cancel the purchase
- Write it down: the date and what you said
- Still claim compensation for specific losses
Standard reply if you want to cancel the purchase: "I have already waited beyond a reasonable time. I am withdrawing from the purchase and demand my money back."
- § 22What you can claim in the event of delay
- § 25Cancellation of the purchase due to delay
- § 29Deadline for cancelling the purchase after late delivery