Act on the right to repent a sale of goods after a cooling-off period

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This pamphlet is only valid when you are buying goods. In connection with sale of services, other rules apply. (Look up separate pamphlet)

Publisert: 10.09.2002 14:02

The Act on the right to repent a sale after a cooling-off period gives you a possibility to find a way out of an impulsive agreement without having to state the reason to the seller why you want to withdraw from the sales-agreement.

The Act applies to consumer sale, i.e. a purchase of goods intended for the buyer’s personal use, his household or acquaintances. The seller has to be a professional seller.

The Act on the right to repent after a cooling-off period applies to all sales-agreements on goods entered elsewhere than at the seller’s or the representative’s permanent shop, or through distance sale. The Act also applies to objects which are to be manufactured or produced according to the buyer’s requirements (production sale).

According to the law there is a 14-days’ cooling-off period, but the period may in certain cases be extended to 3 months, in some cases, even 1 year.

The Act on the right to repent a sale of goods does not apply to sales at permanent shops.

The Act applies to

• Purchases made elsewhere than at a permanent shop when the purchase amount exceeds NOK 300 as e.g. door-to-door sales, fair sales, street sales, home parties or at the working place.

• Distance sales as mail-order sales, Internet sales, TV-shop or telephone sales
• The Act also applies to single orders within club membership (e.g. a book-club)

The Act does not apply to

• Purchases of real property

• Agreements on time share or holiday home
• Purchases at traditional auctions. As for auctions via distant communication, e.g. through Internet, the Act applies all the same.
• Purchases from automatic machines.

The seller shall give information

Prior to purchase the seller has an obligation to give information about the article’s most relevant qualities, the total costs with specification of the individual elements of the total price, the right to repent, essential agreement conditions, the seller’s name and address, as well as how long the offer is valid.

At the time of purchase the seller shall give the same information. In addition the seller shall give information about line of action and terms in connection with the right to repent, about guarantee- and service conditions, about terms applying to a possible termination, as well as a confirmation of the order. The information should be in writing in paper or other permanent medium (e.g. e-mail).

All this information should be given in a clear and intelligible way. If the marketing is directed to Norwegian consumers, the information shall be given in Norwegian. The seller shall also tell whether the information is available in some other languages.

A repent form shall be available

A standard repent form shall come along with the article . This form shall be completed in advance by the seller, and may be employed by the buyer in order to notify the seller that he wants to make use of his right to repent. The buyer does not, however, have to use the repent form. Notification to the seller shall be given in an appropriate way. A standard repent form can be obtained on applying to The Ministry of Children and Family Affairs, or you may download the form from the Ministry’s internet pages (see also details below on the repent form).

The cooling-off period

You have a fortnight’s cooling-off period from the day you have received the article. If you do not wish to keep the article, you must notify the seller before expiry of the time-limit. If expensive goods are involved, the repent form should be sent by registered mail.

The Act on the right to repent applies irrespective of what is otherwise agreed upon between you and the seller. Door-to-door salesmen may for instance not use a “contract” which shortens the cooling-off period or deprive you of your right to repent the buy within a fortnight.

Some articles are excepted from the right to repent. These may be:

• Goods which quickly deteriorate physically (e.g. fresh foodstuffs).
• Goods where the actual delivery impedes return (e.g. fuel oil which has been filled in an underground tank, or soil which has been scattered all over the garden ).

When the repent form is non-existent

If the seller fails to give you all the required information and a repent form is not handed over, the time limit would be up to 3 months. This rule also applies if the form is incorrectly completed by the seller.

If you all the same receive information and the form from the seller within 3 months after delivery of the article, the 14 days’ cooling-off period starts to run from the day you receive the information and the form.

If the seller has failed to give you information about the right to repent, the cooling-off period is in any case 1 year.

Appurtenant credit agreements

Credit agreements which are entered at the same time as the purchase and where the credit is granted by the seller, or others as a result of an agreement between the seller and the credit provider, are discontinued simultaneously with employment of the repent right. Potential credit expenses which are paid, should then be re-allocated. The seller has an obligation to notify the credit provider immediately if you repent.

How to repent

Direct delivery of a commodity. The commodity must be returned in a more or less identic condition as when you received it. How the settlement between you and the seller is to be made, depends on in what way you received the commodity. If, for instance, you took possession of the commodity at a sales fair or at a home-party, the main rule is that you have no need to hand over the commodity until the seller has paid back the purchase price. And the commodity does not have to be delivered to the seller - it is enough that you tell the seller that the commodity is ready to be collected at your place or where you once received it. Until so happens, it must be securely kept so that it is not ruined or damaged.

If you have put the commodity at the seller’s disposal and he fails to collect it within 3 months, it falls to you free of charge.

If the seller refuses to give you your money back, you may ask the local consumer office to bring the complaint before the Consumer Disputes Commission (CDC), who will decide that the money is to be recovered by enforced collection.

Commodity received by mail. .If you according to agreement have received a commodity by mail or order at a sales fair or else, it is you who will have to return it to the seller. The commodity should not be returned until the seller has paid you back the purchase price. In case of purchase elsewhere than at a permanent shop or by telephone sale, the seller has to provide return postage and adequate return package. If he fails to do so, the main rule is that he himself has to pick up the commodity.

If it is a matter of mail order sale, where you have ordered something from a catalogue, Internet or via TV-shop, you must return the commodity before the seller pays you the purchase price back. You yourself have to cover the costs in connection with the return. This does not apply, however, if the seller has failed to send you return package. In that case it is sufficient to put the commodity at the seller’s disposal at the place where you first took possession of it.

When you repent in connection with a mail order sale, you do not have to take out the commodity from the post office. It is enough that you send a letter to the seller saying that you repent the buy and return the commodity. You have to cover the return postage yourself.

Commodities to be manufactured or produced in accordance with the buyer’s special reguirements. When a commodity is manufactured especially for the consumer, the parties can agree that the productions starts prior to the cooling-off period expiry. This will have to be agreed upon prior to the purchase and after the seller has given all other necessary information, hereunder also information about the right to repent. If you make use of the repent right in such cases, the buyer shall cover the costs of the actual work carried out as well as for the materials used. Such a start cannot be agreed upon in connection with telephone sale.

Commodities which are sealed by the seller. When a commodity is bought via Internet, mail-order or TV-shop, the seller is permitted to seal sound- or picture products (e.g. CDs and video films), as well as computer programmes. Resulting from this, the right to repent is lost if you break the sealing. The seller must, however, inform you clearly of this on the sealing, if not, you could repent within a fortnight irrespective of breakage of the sealing.

The Consumer Council can assist you

The local Consumer Council in your county can assist you if a dispute should arise concerning your rights from the Act on the right to repent after a cooling-off period. You will find the address in the telephone book or on the Consumer Council’s Internet pages (www.forbrukerradet.no).

The Consumer Disputes Commission

If the sellerside is unwilling to accept the solution proposed by the Consumer Council’s county office, most cases may be brought before the Consumer Disputes Commission (CDC), and you can obtain a decision there.

Be familiar with your rights!

If you want to know more about your rights as a consumer, we recommend you to read «Lov og rett for forbrukeren». In addition to what concerns the sales of goods, the book also deals with a number of other relations as for instance bank-, insurance-, transportation- and health services as well as pension- and social security services. You can order it from the local consumer office, the Consumer Council’s secretariat (see address below) or from the bookstore.

Repent form

Sellers of goods and services can order a repent form if they contact the Ministry of Children and Family Affairs, tel. 22 24 24 51/55. You can also download the form directly from their Internet pages and get some guidelines on how to fill in the form.

The Consumer Council
Internet: www.forbrukerradet.no
E-mail: post@forbrukerradet.no
P.O. Box 4595 Nydalen
0404 Oslo
Tel.: 23 40 05 00
Fax: 23 40 50 01