Information about the right of withdrawal

Chapter 1. General provisions

  • 1.Scope

The Act applies to the sale of goods and services to consumers, when the trader engages in business activities, and the agreement is entered into by distance selling or sale outside permanent business premises.

Chapters 2 to 5 of the Act and §§ 41 and 42 also apply to a person who in business activities acts on behalf of a non-self-employed seller or service provider in situations as mentioned in the first paragraph.

The law applies to Svalbard and Jan Mayen. The Ministry may nevertheless, in regulations, decide that all or part of the Act shall not apply, and issue special rules with regard to the local conditions.

  • 2.Exceptions from the scope of the law

The law does not apply to:

a)

agreements for the sale of goods and services other than financial services from vending machines and automated business premises,

 

b)

agreements on the sale or construction of real estate and agreements concerning rights in real estate, with the exception of letting. The sale of real estate also includes the sale of access documents with associated tenancy or tenancy in housing,

 

c)

agreements covered by the Act on agreements on part-time use rights and long-term holiday products, etc. (Time Party Act),​1

 

d)

agreements on package travel, cf. the Package Travel Act § 6,

 

e)

agreements on passenger transport services. The requirements in § 16 shall nevertheless apply,

 

f)

agreements entered into with e-providers through publicly available pay telephones for the use of these, or which have been entered into for the use of a single telephone, Internet or fax connection established by a consumer,

 

g)

agreements on the sale of goods and services other than financial services outside permanent business premises when the total contract amount, including shipping and additional costs to be paid by the consumer, is NOK 300 or less.

 

0

Modified by Act of 15 June 2018 No. 32 (ikr. 1 July 2018 acc. res. 15 June 2018 No. 885).

1

The law does not have a short title.

  • 3.Irrevocability

The law can not be deviated from by agreement to the detriment of a consumer.

  • 4.Relationship to other regulations

The law does not impose any restrictions on the duty to provide information or requirements for the agreement that follow from other rules.

  • 5.Definitions

The law means:

a)

consumer: natural person who does not mainly act as part of a business activity,

 

b)

distance selling: an agreement entered into by an organized arrangement for sale or provision of services without the trader and the consumer being physically present at the same time, and where the conclusion of the agreement takes place exclusively through the use of remote communication means,

 

c)

permanent business premises: retail place where the trader carries on his regular business, or mobile retail premises where the trader normally carries on his business,

 

d)

agreement entered into outside permanent business premises: agreement where the consumer enters into an agreement or submits an offer in the presence of the trader other than his permanent business premises, as well as an agreement entered into in the trader's permanent business premises or through a remote communication means immediately after a personal and individual contact to the consumer in a situation covered by first option,

 

e)

financial service: banking service, credit service, insurance service, individual pension service, investment service, or payment service,

 

f)

lasting medium: any device enabling the consumer or trader to store information in such a way that the information is available in the future in unchanged form,

 

g)

associated agreement: an agreement where the consumer receives goods or services in connection with a distance selling agreement or an agreement entered into outside fixed business premises, and where the goods are delivered or the services are provided by the trader or a third party on the basis of an arrangement between a third party and the trader,

 

h)

public auction: sales method where goods or services are offered by the trader to consumers, where the consumer is personally present or has the opportunity to be present, by an open, competitive bidding procedure led by an auctioneer, and where the bidder who receives the contract must buy the goods or the services,

 

in)

digital content: data that is produced and delivered in digital form.

 

  • 6.Deadline calculation

When a time limit expressed in days is to be calculated from the time an event occurs or an action takes place, the day on which the event occurs or the action takes place shall not be considered part of the time limit.

All calendar days are included in a deadline. If a deadline ends on a Saturday, public holiday or public holiday, it is extended to the nearest working day.

  • 7.Burden of proof

The trader has the burden of proving that the duty to provide information in §§ 8 to 16 and § 18 has been fulfilled.

Chapter 2. The trader's duty to provide information in the case of distance selling and sales outside permanent business premises of goods and services that are not financial services

  • 8.Duty to provide information before entering into an agreement

Before entering into an agreement on distance selling or an agreement outside permanent business premises, the trader must provide the consumer in a clear and comprehensible manner with information on:

a)

the most important characteristics of the goods or services, to the extent that the means of communication and the goods or services are suitable for this,

 

b)

where relevant, the functionality, including relevant technical protection measures, for digital content,

 

c)

the ability of digital content to interact with hardware and software that the trader knows or can reasonably be expected to know,

 

d)

the identity of the trader, such as company name, geographical address and any telephone number, fax number and electronic postal address, as well as the identity and geographical address of the trader on whose behalf the consumer acts, to whom any complaints may be directed,

 

e)

the total price of the goods or services including taxes, or, if the nature of the goods or services means that the price cannot reasonably be calculated in advance, the method of calculating the price, as well as any additional costs for shipping, delivery, postage or otherwise, or, if not included reasonableness can be calculated in advance, that such additional costs may occur. For agreements without a time limit and for subscription agreements, the total price shall include the costs per settlement period, and in the case of payment with a fixed amount, also the total monthly costs, and if the total costs cannot be calculated in advance, the method for calculating the price,

 

f)

the costs of using the means of distance communication, when these are not calculated according to the basic rate,

 

g)

the arrangements for payment, delivery, fulfillment, delivery deadline and how the trader handles complaints,

 

h)

that there is a right of withdrawal and a standardized form for the use of the right of withdrawal (withdrawal form), as well as the conditions, deadlines and procedures for using the right of withdrawal, cf. section 20, first and second paragraphs,

 

in)

that the consumer must bear the cost of returning the goods if the right of withdrawal is used. If the goods by their nature cannot normally be returned by post, the costs of returning the goods must be stated,

 

j)

that the consumer who exercises the right of withdrawal, after requesting the start of the service delivery in accordance with §§ 12 or 19, shall be responsible for reasonable costs, cf. § 26 first paragraph,

 

k)

if the agreement is covered by the exceptions from the right of withdrawal in § 22, information shall be provided on this, possibly on what circumstances the right of withdrawal may be lost,

 

l)

the legal obligation to deliver a contractual product, any after-sales service and any commercial guarantees, as well as the terms of these,

 

m)

relevant rules of conduct and where these can be found,

 

n)

where relevant, the duration of the agreement and any minimum binding period, or, for agreements that are without time limit or are automatically renewed, the conditions for terminating the agreement,

 

o)

any deposit or other financial guarantees paid or provided by the consumer and the terms of these,

 

p)

where this is relevant, out-of-court appeal and compensation scheme to which the trader is affiliated, as well as the procedure for gaining access to this.

The trader shall be deemed to have provided information in accordance with the first paragraph, letters h, i and j if he has provided the consumer with a correctly completed form for information on the right of withdrawal.

When businesses direct their marketing towards Norwegian consumers, the information pursuant to the first paragraph shall be provided in Norwegian.

In the case of public auctions, it is sufficient that the information in the first paragraph, letter d, is replaced by corresponding information about the auctioneer.

The Ministry may, in regulations, issue further provisions on a standardized withdrawal form, as well as on how the duty to provide information shall be fulfilled, including that information on the right of withdrawal shall be provided using a standardized form for information on the right of withdrawal.

  • 9.The effect of breaches of certain disclosure obligations

If the trader has not stated additional costs or other costs as referred to in section 8, first paragraph, letters e and i, the consumer shall not bear these costs.

Chapter 3. Requirements for agreements entered into in unsolicited telephone sales

  • 10.Unsolicited telephone sales

Before an agreement is entered into as a result of the trader making an offer by telephone without request, the trader must confirm the offer in writing on a durable medium after the telephone call has ended. The consumer is not bound until the offer has been accepted in writing, which the trader must state in the confirmation mentioned in the first sentence. The trader must be able to document the consumer's acceptance.

The first paragraph does not apply to the sale of newspaper subscriptions or sales from voluntary organizations.

The Ministry may, in regulations, require registration in the voluntary register in accordance with the Voluntary Register Act in order to be regarded as a voluntary organization.

Chapter 4. Requirements for agreements that are not financial services entered into outside permanent business premises

  • 11.Agreement

Agreements entered into outside permanent business premises shall contain the information stipulated in section 8, first paragraph. The information shall be considered part of the agreement and shall not be changed, unless the parties expressly agree otherwise. The information must be easy to read and in a simple and understandable language. If the information is given in Norwegian, the agreement must be drafted in Norwegian.

The trader shall provide the consumer with a copy of the signed agreement or confirmation of the agreement on paper or, if the consumer agrees, on another durable medium. If the consumer has consented to the download of digital content and acknowledged that the right of withdrawal thus lapses, cf. section 22 letter n, this shall also be stated in the agreement or confirmation.

  • 12.Requirement to start delivery before the expiry of the cancellation period

If the consumer wants the delivery of services to start before the expiry of the withdrawal period, cf. section 21, the trader shall demand that the consumer explicitly requests this on a durable medium.

  • 13.Service agreements that do not exceed NOK 1,500

If the consumer explicitly requests repairs or maintenance, the parties immediately perform their obligations under the agreement and the contract amount does not exceed NOK 1500, it is sufficient that the trader provides the consumer with the information in § 8 first paragraph letter d, cf. § 11 second paragraph, and information on the price or how the price is to be calculated, as well as an estimate of the total price. The information referred to in section 8, first paragraph, letters a, h and k may be given orally, if the consumer expressly agrees to this.

The confirmation of the agreement, cf. section 11, second paragraph, shall contain the information stipulated in section 8, first paragraph.

Chapter 5. Requirements for distance selling agreements that do not apply to financial services

  • 14.The distance selling agreement

Agreements entered into by distance selling shall contain the information stipulated in section 8, first paragraph, or the information shall be made available to the consumer in a simple and comprehensible language in a manner that is adapted to the means of distance communication. The information shall be considered part of the agreement and shall not be changed, unless the parties expressly agree otherwise. If the information is provided on a durable medium, it should be easy to read.

  • 15.Information restrictions

When an agreement is entered into through a remote communication means that has limited space or time to display information, the trader shall provide information in accordance with section 8, first paragraph, letters a, d, e, h and n before the agreement is entered into.

Other information in section 8, first paragraph, is provided in a manner that is adapted to the means of remote communication, cf. section 14.

  • 16.Use of electronic communication

When an agreement to be entered into electronically obliges the consumer to pay, the trader shall clearly and in a prominent form make the consumer aware of the information stipulated in § 8, first paragraph, letters a, e, and n immediately before the consumer makes the order.

The trader must ensure that the consumer explicitly acknowledges that the order entails an obligation to pay. If the order is executed by activating a button or other function, the button or function must be marked in an easily legible manner with "order with obligation to pay" or equivalent.

If the trader does not comply with the provision in the second paragraph, the consumer will not be bound by the agreement or the order.

  • 17.Delivery restrictions and means of payment

Websites for electronic commerce must clearly and unequivocally and at the latest at the time the ordering process begins, state any delivery restrictions. It must also be stated which means of payment are accepted.

  • 18.Confirmation of agreement entered into

The trader shall, within a reasonable time after the conclusion of the agreement, and no later than at the time of delivery of the goods or before the delivery of the service begins, give the consumer written confirmation of the agreement entered into on a durable medium.

The confirmation shall contain information mentioned in § 8 first paragraph, if these have not previously been given to the consumer on a durable medium, and information that the consumer has given such consent as mentioned in § 22 letter n.

  • 19.Start of delivery before the expiration of the cancellation period

If the consumer wants the delivery of services to start before the expiry of the cancellation period, cf. section 21, the trader shall demand that the consumer explicitly request this.

Chapter 6. Right of withdrawal for agreements that do not apply to financial services

  • 20.Right to withdraw from the agreement (right of withdrawal)

The consumer has the right to withdraw from the agreement (right of withdrawal) by giving notice to the trader before the expiry of the withdrawal period, cf. § 21. The withdrawal period is considered complied with if notification is sent before the expiry of the deadline.

The notification may be submitted by using a completed cancellation form or by submitting another unambiguous declaration.

If the trader gives the consumer access to give a notification pursuant to the second paragraph electronically, the trader shall immediately confirm on a durable medium that the notification has been received.

The burden of proving that notification has been given rests with the consumer.

  • 21.Deadline for attacks

The withdrawal period expires 14 days from the day the service agreement was entered into, or the day the consumer receives the goods in physical possession. This is:

a)

in the case of goods ordered together and delivered by several consignments, on the day the consumer receives the last goods in physical possession,

 

b)

in the case of goods consisting of several lots or parts, on the day the consumer receives the last lot or the last part in physical possession,

 

c)

by agreements on regular delivery of goods, the day the consumer receives the first of the goods in physical possession.

Like the consumer, a third party other than the carrier, whom the consumer has appointed in his place, is considered.

If the self-employed consumer does not provide information on the right of withdrawal in accordance with section 8, first paragraph, letter h, the withdrawal period expires 12 months after the expiry of the original withdrawal period, cf. the first paragraph.

If the trader provides the consumer with information about the right of withdrawal pursuant to section 8, first paragraph, letter h, within 12 months from the day referred to in the first paragraph, the withdrawal period expires 14 days after the day the consumer received the information.

  • 22.Exceptions to the right of withdrawal

The right of withdrawal does not apply to agreements on:

a)

delivery of goods which, by their nature, are mixed with other goods after delivery in such a way that they cannot be separated,

 

b)

delivery of goods that deteriorate or expire quickly,

 

c)

service after the service has been provided, if delivery has begun with the consumer's express prior consent, and the consumer has acknowledged that the right of withdrawal will be lost when the trader has fulfilled his obligations under the agreement,

 

d)

delivery of goods or services where the price is dependent on fluctuations in the financial market which may occur before the expiry of the withdrawal period and which cannot be controlled by the trader,

 

e)

delivery of goods which are manufactured according to the consumer's specifications, or which have been given a clear personal touch,

 

f)

delivery of medicinal products, cf. section 2 of the Medicines Act, and medical equipment, cf. section 3 of the Medical Devices Act,

 

g)

delivery of sealed goods such as for health or hygiene reasons is not suitable for return, and where the seal has been broken after delivery,

 

h)

delivery of alcoholic beverages at a price agreed at the time of the agreement, and delivery can only take place after 30 days, and where the actual value depends on fluctuations in the market that are not controlled by the trader,

 

in)

repairs or services that are urgent to be performed where the consumer explicitly asks the trader to visit the consumer. Additional services or ancillary goods provided at the same time, which are not covered by the first sentence, are not covered by the exemption from the right of withdrawal,

 

j)

delivery of sealed audio or video recordings or sealed software on which the consumer has broken the seal,

 

k)

delivery of a newspaper, magazine or magazine, with the exception of subscription agreements for the delivery of such publications,

 

l)

goods or services entered into by public auction,

 

m)

the provision of accommodation services for purposes other than residential purposes, the transport of goods, car rental services, catering and leisure-related services when the agreement provides for a specific date or period for the provision of such services;

 

n)

delivery of digital content that is not delivered on a physical medium, if the delivery has begun with the consumer's express consent and the consumer acknowledges that the right of withdrawal is thereby lost.

 

  • 23.The effects of using the right of withdrawal

By using the right of withdrawal, the parties' obligations to fulfill the agreement lapse. In cases where the consumer has made an offer, the offer lapses.

  • 24.The trader's obligations when the right of withdrawal is used

The trader must return all payments received from the consumer. If the consumer has expressly chosen a different type of delivery than the standard delivery offered by the trader, the trader shall nevertheless not pay the additional costs this entailed.

Reimbursement shall be made without undue delay, and no later than 14 days from when the trader was notified of the consumer's decision to exercise the right of withdrawal pursuant to § 20. Unless otherwise expressly agreed with the consumer, the refund shall be made using the same means of payment as the consumer used. The consumer shall not pay any fee as a result of the refund.

The trader can withhold the refund until the goods have been received, or until the consumer has submitted documentation that the goods have been returned. This does not apply when the trader has offered to pick up the goods.

In the case of agreements entered into outside permanent business premises, and where the goods have been delivered to the consumer's home at the time of the agreement, the trader shall collect the goods at his own expense, if these by their nature cannot normally be returned by ordinary mail.

If it has been agreed that the goods are to be picked up from the consumer, and this does not happen within three months from the day when the trader received notification pursuant to section 20, the goods accrue to the consumer free of charge.

  • 25.The consumer's obligations when the right of withdrawal is used in the agreement on delivery of goods

The consumer shall, without undue delay, and no later than 14 days from notification pursuant to section 20 was given, return the goods, or hand them over to the trader if the trader has not offered to collect the goods.

The consumer only has to pay the direct costs of returning the goods. The trader shall nevertheless cover these costs if he has undertaken to pay these or has not informed the consumer that the consumer will pay the return costs.

The trader may demand that the consumer compensate for the reduction in value as a result of the consumer's handling of the goods that has not been necessary to determine the nature, properties and function of the goods. This only applies if the consumer has received information about the right of withdrawal, cf. section 8, first paragraph, letter h.

  • 26.The consumer's obligations when the right of withdrawal is used in agreements on the provision of services

When using the right of withdrawal for services that the consumer has explicitly asked the trader to start delivery of, the consumer shall pay an amount that is in proportion to what has been delivered until the time the consumer notifies the use of the right of withdrawal. If the total price is unreasonably high, the proportionate amount shall be calculated on the basis of the market value of what has been delivered.

The consumer's obligation to pay lapses when:

a)

the trader has not provided information in accordance with § 8, first paragraph, letters h and j,

 

b)

the consumer has not expressly requested that delivery begin before the expiry of the withdrawal period in accordance with §§ 12 or 19, or

 

c)

delivery of digital content that cannot be delivered on a physical medium has begun without the consumer's express prior consent and acknowledgment that the right of withdrawal is thereby lost, or without the trader having given confirmation in accordance with § 11 second paragraph and § 18 second paragraph.

 

  • 27.Effects for associated agreements on the use of the right of withdrawal

If the consumer exercises his right of withdrawal, all associated agreements lapse at no cost to the consumer. §§ 24 to 26 apply correspondingly.

After receiving the consumer's notification of the use of the right of withdrawal, the trader shall immediately notify the third party who has entered into an associated agreement with the consumer.

Chapter 7. Rules on the duty to provide information and confirmation of agreements for distance selling and sales outside permanent business premises of financial services

  • 28.Duty to provide information before entering into an agreement for distance selling of financial services

In a reasonable time before a distance selling agreement is entered into that applies to financial services, the trader shall provide the consumer with information on:

a)

the trader's name, organization number and main business activity and the trader's geographical address. If a foreign trader has a representative in this country, or is otherwise represented to the consumer by another trader, the consumer shall have corresponding information about the representative,

 

b)

any approval schemes to which the business is subject and information on the relevant supervisory authority,

 

c)

the most important characteristics of the financial service,

 

d)

any special risks associated with the financial instrument or operations to be performed. If the price of the service depends on fluctuations in the financial markets, it must be stated about this and that historical value development and return cannot be used as an indicator of future development and return,

 

e)

the total price the consumer must pay, including commissions, fees and all taxes and fees paid through the trader, and specification of all individual elements of the price. If the exact price cannot be stated, the calculation basis must be stated,

 

f)

that there may be other fees and / or costs that are not paid through or are imposed through the trader,

 

g)

any limits on the validity of the information,

 

h)

arrangements for payment and for fulfillment of the agreement,

 

in)

any special additional costs charged to the consumer using the remote communication method,

 

j)

whether the consumer has a right of withdrawal or not, the length of the possible withdrawal period, conditions for using the right of withdrawal, including the amount the consumer may be charged for using the right of withdrawal,

 

k)

how the right of withdrawal can be used, including which address notification of the use of the right of withdrawal can be sent to, as well as the consequences of not using the right of withdrawal,

 

l)

the shortest duration of the agreement for agreements on current or recurring financial services,

 

m)

any rights the agreement gives the parties to terminate the contractual relationship prematurely or unilaterally, including any consideration imposed under the agreement in such cases,

 

n)

the name of the Member State or Member States whose laws have been used by the trader as a basis for contacting the consumer before the contract is concluded,

 

o)

any choice of law or venue provisions in the agreement,

 

p)

in which language or languages the terms and conditions of the agreement and the advance information mentioned in this provision are found, as well as in which language or languages the trader, with the consent of the consumer, undertakes to communicate for as long as the agreement runs,

 

q)

the possibility of resolving any disputes with the trader outside the courts and how consumers may use the schemes,

 

r)

guarantee funds or compensation schemes not covered by the directive 94/19 / EC on Deposit Guarantee Schemes and Directives 97/9 / EC on compensation schemes for investors.

If the distance selling agreement applies to payment services as defined in the Financial Contracts Act § 11, the trader shall instead of information as mentioned in the first paragraph letters a, b, c, e, l, m, o, p and q provide the information mentioned in the Financial Contracts Act § 15 second paragraph, if any the information mentioned in the Financial Contracts Act § 23 first paragraph in the case of a single payment transaction that is not covered by a framework agreement.

The information shall be provided in a clear and comprehensible manner and in a form that is adapted to the remote communication method used. Special consideration shall be given to the need for protection of persons without legal capacity, such as minors. Where the marketing is aimed at Norwegian consumers, the information shall be in Norwegian. If the trader does not provide all the information in the marketing, it must be stated where the consumer can get it.

Provided that the consumer has expressly given his consent to this, the trader may, in telephone conversations, confine himself to providing the information mentioned in the first paragraph, letters a, c, d, e, f and j. In that case, the trader must inform the consumer that more information is available on request, and what kind of information this is. The trader shall in any case provide complete information pursuant to the first paragraph in writing on a durable medium at the time that follows from the rules in section 30, first paragraph.

If several separate transactions of the same type are carried out between the same parties without there being any initial agreement on the service, the provision here only applies to the first transaction. If more than one year elapses between the transactions, the information must still be provided again.

In the event of an unsolicited offer made by telephone, the consumer will not be bound until he or she has accepted the offer in writing. The trader must provide the consumer with written information about this before he is bound by a distance selling agreement. This does not apply to distance selling of payment services as defined in the Financial Contracts Act § 11.

  • 29.Regulation

The Ministry may stipulate in regulations that the trader is obliged to provide further information than that specified in section 28.

The Ministry may, in regulations, issue further provisions on how the duty to provide information pursuant to section 28 shall be fulfilled.

  • 30.Information and contract terms on a durable medium for distance selling of financial services

In a reasonable time before the agreement is entered into, the trader shall provide the consumer with all contract terms and all information pursuant to section 28, first paragraph, in writing on a durable medium that the consumer has at his disposal. If the agreement is entered into at the consumer's request and a remote communication method is used that does not make it possible to provide agreement terms and information on a durable medium before the agreement is entered into, the trader must fulfill his obligations immediately after the agreement is entered into.

  • 28 fourth paragraph applies correspondingly.
  • 31.The right of the consumer to obtain contractual terms on paper in the case of distance selling of financial services and to change the method of remote communication

The consumer can at any time during the contractual relationship request to have the contract terms on paper.

The consumer has the right to switch to another remote communication method, unless this is contrary to the agreement or the type of financial service provided.

  • 32.Information on a durable medium for the sale of financial services outside permanent business premises

In connection with the conclusion of an agreement on financial services outside permanent business premises, the trader shall provide the consumer with information as mentioned in section 28, first paragraph, letters j and k in writing on a durable medium that the consumer has at his disposal.

  • 33.Regulation

The Ministry may in regulations lay down further provisions on requirements for fulfillment of the duty to provide information pursuant to sections 30 and 32, including that information on the right of withdrawal shall be provided using a withdrawal form determined by the Ministry.

Chapter 8. Right of withdrawal for distance selling and sales outside permanent business premises of financial services

  • 34.Right of withdrawal for distance selling

The consumer has the right to withdraw from the agreement (right of withdrawal) by notifying the trader before the expiry of the withdrawal period, cf. the second paragraph. For agreements on life insurance and individual pension agreements, the deadline is 30 days. For other agreements, the deadline is 14 days.

The deadline runs from the time the agreement is entered into or, in the case of life insurance agreements, the consumer has been notified that the agreement has been entered into, provided that the terms and conditions of the agreement required in section 30, first paragraph, have been received in the prescribed manner. If the duty to provide information is only fulfilled after the conclusion of the agreement or notification that a life insurance contract has been entered into, the time limit runs from the time the duty to provide information is fulfilled.

  • 35.Exceptions from the right of withdrawal for distance selling

The right of withdrawal does not apply to:

a)

services where the price depends on fluctuations in the financial market over which the trader has no influence and which may occur during the withdrawal period,

 

b)

agreements on travel and luggage insurance or other insurance agreements with a duration of less than one month,

 

c)

agreements which, at the express request of the consumer, have been fulfilled by both parties before the consumer exercises his right of withdrawal,

 

d)

credit secured by a mortgage on real estate or in a right related to real estate.

 

  • 36.Implementation of the right of withdrawal by distance selling

When using the right of withdrawal, the parties' obligation to fulfill the agreement lapses. If any of the parties has fulfilled parts of the agreement, a reversal shall take place.

When using the right of withdrawal, the consumer can only be ordered to pay for the service that has actually been provided. The amount to be paid by the consumer must be in reasonable proportion to the scope of the service already provided compared with the full fulfillment of the agreement.

The right to payment presupposes that fulfillment of the agreement has begun at the consumer's request, and that the consumer has been informed of the amount to be paid in accordance with the rules in § 28 letter j, cf. § 30 first paragraph.

The trader shall, as soon as possible, and no later than within 30 days, repay any amount received from the consumer in connection with the agreement, with the exception of any amounts pursuant to the second paragraph. The deadline runs from the day the trader receives notification of the use of the right of withdrawal.

The consumer shall, as soon as possible, and within 30 days at the latest, return any amount or other property that he or she has received. The deadline runs from the day the consumer sends notification of the use of the right of withdrawal.

  • 37.Termination of certain associated agreements by distance selling

If a financial service is linked to another distance selling agreement for services to be provided by the trader, the other agreement is terminated without compensation for the termination being demanded if the consumer exercises the right of withdrawal pursuant to section 34.

The first paragraph applies correspondingly when the associated service is provided by someone other than the provider of the financial service on the basis of an agreement between them. The provider of the financial service shall in that case notify the other trader immediately after notification of the use of the right of withdrawal has been received from the consumer.

  • 38.Right of withdrawal for sales outside permanent business premises

The consumer has the right to withdraw from the agreement by notifying the trader within 14 days after the information required under section 32 has been received in the prescribed manner. The provisions of § 20 first and third paragraphs and § 6 apply correspondingly.

The Ministry may in regulations lay down special rules on the right of withdrawal, including making exceptions from the right of withdrawal for certain types of services.

  • 39.Implementation of the right of withdrawal for sales outside permanent business premises

When using the right of withdrawal, the parties' obligation to fulfill the agreement lapses. If any of the parties has fulfilled all or part of the agreement, a reversal shall take place.

The trader is obliged to repay what the consumer has paid, as well as any amount to cover return costs, no later than 14 days from the day notification of the use of the right of withdrawal is received.

If the consumer has received goods in connection with the service agreement, the following applies:

a)

return costs are borne by the trader,

 

b)

the consumer may withhold the item until he or she has received a refund and, if applicable, an amount corresponding to the return costs from the trader,

 

c)

when the consumer has received what the trader is to pay, the consumer shall send or deliver the goods to the trader within a reasonable time,

 

d)

if the item is sent by post or another independent carrier, it must be returned in a similar manner. If the trader has not arranged for appropriate return packaging, the provision in letter e applies,

 

e)

if the goods have been delivered in another way, they shall be made available to the trader for collection at the place where the goods were received. If the goods in these cases are delivered in a place other than the consumer's home, it may be agreed that the goods shall be sent or delivered in another way which does not cause unreasonable inconvenience to the consumer,

 

f)

the consumer is not obliged to receive or redeem an item before it is returned to the trader, but may instead ask the person delivering the item to return it to the trader, and

 

g)

if the consumer has notified the trader that the goods can be picked up in accordance with letter e, and this does not happen within three months of receiving the notification, it accrues to the consumer free of charge.

The provisions of section 27, first paragraph, first sentence and second paragraph apply correspondingly.

  • 40.Right of withdrawal for credit agreements

The right to withdraw from credit agreements pursuant to the Financial Contracts Act § 51 b applies.

Chapter 9. Enforcement and sanctions

  • 41.Supervision and enforcement

The Norwegian Consumer Agency and the Market Council shall monitor that provisions in, or provisions issued pursuant to this Act, are complied with. The control is exercised in accordance with the rules in the Marketing Act §§ 32 to 42.

0

Modified by Act of 16 June 2017 No. 49 (ikr. 1 Jan 2018 acc. res. 16 June 2017 No. 772).

  • 42.Infringement fee

In the event of intentional or negligent violation of § 8 first and third paragraphs, § 10 first paragraph, § 11, § 14, § 15, § 16 first and second paragraphs, § 17, § 18, § 24 first paragraph, § 28, § 30 , § 32, § 36 fourth paragraph, § 39 second paragraph, or of regulations pursuant to § 8 or § 29, which are considered significant or have occurred repeatedly, an infringement fee may be determined as the person against whom the decision is addressed, will pay. When deciding on an infringement fee, the Marketing Act § 43 second and third paragraphs apply correspondingly.

The Ministry may, by regulation, issue further rules on the imposition of coercive fines and the imposition of infringement fines.

0

Modified by Act of 16 June 2017 No. 49 (ikr. 1 Jan 2018 acc. res. 16 June 2017 No. 772).

Chapter 10. Final provisions

  • 43.Entry into force and transitional provisions

The law applies from the time the King decides.​1

The Act only takes effect for marketing measures and payments made after the Act enters into force, as well as agreements entered into after the Act enters into force.

Act of 21 December 2000 no. 105 on the duty to provide information and the right of withdrawal, etc. in the case of distance selling and sales outside a fixed point of sale and regulations laid down pursuant to it, apply to agreements entered into before the repeal of the Act.

1

From 20 June 2014 according to res. June 20, 2014 No. 776.

  • 44.Changes in other laws

From the time the law enters into force, the following changes are made to other laws:

1.

Act of 21 December 2000 no. 105 on the duty to provide information and the right of withdrawal, etc. in the case of distance selling and sales outside the fixed point of sale is canceled.

 

** Most products at skjeggpleie.no fall under the exception rule, products which for reasons of health and hygiene are not returned. We send out the right of withdrawal form on the items that can be returned **

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