§ 73. The buyer's (kjøperens) duty to take care of the goods
If you want to reject goods you have taken over, or goods that have been sent to you, you have a duty to take care of them at the seller's expense. You cannot just throw them away or ignore them. Exception: if you have to pay yourself to take care of them, and can yourself take care of them yourself at the place of destination.
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) If the buyer wishes to reject goods which he has taken over, he shall, at the seller's expense, take such care of them as is reasonable in the circumstances.
(2) If the buyer wishes to reject goods which have been sent to him and placed at his disposal at the place of destination, he shall take care of them at the seller's expense, provided he can do so without paying the purchase price (kjøpesummen) or incurring unreasonable cost or inconvenience. This does not, however, apply if the seller or someone on his behalf can take care of the goods at the place of destination.
What does this mean?
When you reject goods, that does not mean you can throw them away or pretend they do not exist. The law requires an active duty to take care of the goods (omsorgsplikt), the mirror image of § 72.
Goods you have taken over (first paragraph): You have accepted the delivery (leveringen), but now want to reject the goods (typically because of a defect (mangel) or cancellation of the purchase (heving)). You must take reasonable care of the goods, at the seller's expense. You can claim reimbursement of your expenses.
Goods sent to you (second paragraph): The parcel has arrived and is at your place. You want to reject it. You must take care of it, but only if you can do so without:
- Having to pay the purchase price (to get a parcel released from Posten, for example)
- Incurring unreasonable cost or inconvenience
If the seller or someone on his behalf can take care of the goods at the place of destination (a local warehouse, an agent), your duty no longer applies.
Examples of practical situations:
- An item is wrong: you complain and want to cancel the purchase. You must take care of it until the seller collects it.
- A specialised item is sent to you, and you discover a defect before you pay. You must take care of it if you can, until the matter is cleared up.
- A parcel arrives that you did not order. You must act sensibly: contact the sender and store it reasonably.
Examples
Sara has taken over a sofa for NOK 28,000. The next day she discovers a large stain and decides to reject it and cancel the purchase. Under § 73, Sara must take care of the sofa, at the seller's expense, until it is collected. She cannot just put it outside in the rain. She puts it in a dry room, notifies the seller and waits for it to be collected. She can claim reimbursement of any costs (moving, storage).
Tom has ordered equipment from Germany. The parcel arrives, but when he opens it, he sees that it is the wrong product. He wants to reject it. Under § 73 (2), Tom must take care of the parcel if he can, without incurring unreasonable cost. He contacts the seller, stores the parcel safely and waits for instructions. He does not need to pay extra to store it properly. If the seller has an agent or warehouse in Norway that can collect it, Tom can instead get rid of it there.
Common mistakes
- Thinking that rejecting the goods means you are free to do whatever you like with them
- As a buyer: demanding that the seller collects immediately, without making sure the goods are taken care of in the meantime
- Incurring unreasonable costs and claiming reimbursement: you must act "reasonably"
What should you do?
When you reject goods:
- Notify the seller in writing straight away
- Store the goods properly: dry, safe and free from harmful conditions
- Document the condition with photos when you reject them
- Arrange collection or return
- Keep receipts for any costs of taking care of the goods