§ 25. Cancellation of the purchase (heving) for delay (forsinkelse)

You can cancel the purchase in two ways: if the delay is material (a serious breach of contract), or if you have set a reasonable additional deadline (tilleggsfrist) and the seller (selger) does not deliver within it. While the additional deadline is running, you cannot cancel the purchase — unless the seller says he will not or cannot deliver.

The Sale of Goods Act (Kjøpsloven)·LOV-1988-05-13-27

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 buyer may cancel the purchase when the delay constitutes a material breach (vesentlig kontraktbrudd).

(2) The purchase may also be cancelled if the seller does not deliver within a reasonable additional deadline for performance (oppfyllelse) set by the buyer.

(3) While the additional deadline is running, the buyer cannot cancel the purchase, unless the seller has said that he will not perform within the deadline.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 25

What does this mean?

Cancellation of the purchase is the strongest tool you have. You cancel the purchase, get your money back, and the seller gets the goods back. The law gives you two ways in:

Material breach (first paragraph): If the delay in itself is so serious that it defeats the purpose of the purchase, you can cancel the purchase straight away. Think: you were going to use the equipment at a specific event that is now over, or the delay has lasted so long that it "no longer makes sense". Whether a breach is material depends on:

Additional deadline (second paragraph): If the delay is not clearly material, you can set a reasonable additional deadline. If the seller then does not deliver, you can cancel the purchase — regardless of whether the breach was "material" or not. This is the safest route.

What is "reasonable" varies with the goods — for a standard online order perhaps 7-14 days, for a complex made-to-order item longer.

While the deadline is running (third paragraph): You must wait until the additional deadline has expired before you can cancel the purchase — unless the seller says outright that he will not deliver within the deadline. Then you can cancel the purchase immediately.

Comparison: Cancel directly or via an additional deadline?

SituationDirect cancellation (1st paragraph)?Additional deadline a safe choice
The delay defeats the purpose (gift, event)YesAlso
The seller knew about an important dateYesAlso
Three days past the agreed date for an "ordinary" purchaseDoubtfulYes, set an additional deadline
The seller says he will not deliverYesYou do not need to wait
Unclear whether the delay is materialRiskySet an additional deadline

Examples

Lars has ordered a toy train for his son's 6th birthday, with delivery (levering) agreed for 10 December. On 18 December it still has not arrived. The birthday is 22 December. The delay is already clearly material — the seller probably knew about the purpose (it is a birthday present), and the delay defeats the whole point. Lars can cancel the purchase directly under § 25 (1), without setting an additional deadline. If nothing had indicated that it was a present, and it was "just" a completely ordinary order, Lars would first have had to set an additional deadline.

Eva has ordered a dishwasher. It was to be delivered on 5 April. It is now 25 April and it has not arrived. Eva writes: "I am setting an additional deadline of 10 days. If the machine has not been delivered by 5 May, I will cancel the purchase." 5 May comes — still no machine. Eva can now cancel the purchase. She sends a message: "I refer to my additional deadline of 25 April. The deadline has expired. I am cancelling the purchase and demand the payment back."

Common mistakes

  1. Cancelling directly after a short delay — you may face the argument that the breach is not material
  2. Setting far too short an additional deadline — the seller can say the deadline was not reasonable
  3. Cancelling while the additional deadline is still running — you must wait
  4. Forgetting that cancellation must be notified within a reasonable time (§ 29)

What should you do?

A safe approach:

  1. Written notice of the delay
  2. Set a specific additional deadline — for example "10 days from today, until [date]"
  3. State clearly that you will cancel the purchase if the goods do not arrive within the deadline
  4. Wait for the deadline — do not act before it has expired
  5. Send a notice of cancellation as soon as the deadline has passed
  6. Also claim compensation (erstatning) for specific losses (§ 27)

Keep everything in text messages, email or chat — you need the dates as evidence.

Frequently asked questions

What is a "reasonable" additional deadline?
For standard goods, typically 7-14 days. For special goods or made-to-order items, longer. As a rule of thumb: the easier it should be to deliver, the shorter the deadline can be.
Can I cancel the purchase if the delay is "only" a few days?
Rarely without an additional deadline — the seller can dispute that it is material. With an additional deadline, you have a clear right.
What happens when I cancel the purchase?
The purchase lapses (§ 64). You get back what you have paid. The seller gets the goods back if they have been delivered. You can also claim compensation.
Related sections
All §§ in the Sale of Goods Act →
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