Right of withdrawal and returns in online shopping: your rights

The right of withdrawal is the safety net of Norwegian online shopping: it lets you order an item, assess it at home and send it back without giving a reason. Even so, there is a lot of uncertainty about the deadlines, the exceptions and who has to pay for the return. This guide goes through the rules as they actually are, and kills off a couple of persistent myths along the way.

What is the right of withdrawal, and how long does it last?

The Norwegian right of withdrawal act gives you 14 days of withdrawal rights when you, as a consumer, buy goods or services through distance selling, typically online shopping, or through sales away from fixed retail premises. The deadline runs from the day you receive the item, not from the day you ordered, and you do not have to explain why you changed your mind. The seller cannot contract out of this.

Two details are worth noting. First: if you order several items in one order that are delivered separately, the deadline runs from the day you received the last item. Second: if the shop has not informed you about the right of withdrawal as the law requires, the deadline is extended, in the worst case by twelve months. Missing information counts against the seller, not you.

These goods are exempt from the right of withdrawal

The right of withdrawal does not cover everything. The most important exceptions are goods that deteriorate quickly, sealed goods that cannot be returned for reasons of hygiene or health once the seal is broken, goods made to your specification, and digital services where delivery has started with your consent. The shop must inform you about the exceptions before you buy.

• Hygiene items with a broken seal: underwear, cosmetics and the like can be returned unopened, but not once the seal has been broken.
• Custom-made goods: items made to your specification, such as curtains sewn to measure or engraved jewellery.
• Digital content: downloads and streaming services where you have consented to delivery starting before the withdrawal period is over.
• Fresh produce: food and other goods with a short shelf life.
• Sealed audio and video recordings and software once the seal has been broken.

Note as well that the right of withdrawal act applies to purchases from businesses. If you buy second-hand from a private individual, there is no right of withdrawal, and the Norwegian sale of goods act applies instead, with far weaker protection. That is one of the trade-offs we go through in second-hand or new: how to get the most for your money.

Who pays the return postage?

The main rule is that the seller can let you pay the return postage when you use the right of withdrawal, but only if you were told so before the purchase. If the shop has not stated that you cover the return costs yourself, it has to pay for the return. Many shops offer free returns anyway, but that is service, not a right.

So check the return terms before you order, particularly on large or heavy items where the return postage can be substantial. A return cost of a couple of hundred kroner can eat up the whole gain from choosing the cheapest shop, a point we also make in the complete guide to saving money on online shopping.

How to withdraw in practice

To use the right of withdrawal you have to give the seller unambiguous notice within the 14-day deadline. The easiest way is to use the withdrawal form, which the shop is obliged to give you with the purchase, but a clear email works too. Simply sending the item back without notice is not enough.

• Give notice in writing, so you can document that the deadline was met. It is enough that the message was sent within the deadline.
• Send the item back without undue delay, and no later than 14 days after you gave notice.
• Keep the postage receipt from the carrier until the refund has arrived.
• Pack the item properly, ideally in the original packaging, even though that is not an absolute requirement.

When do you get your money back?

The seller has to refund the whole amount, including what you paid in standard postage to have the item sent, within 14 days of you giving notice that you are withdrawing. The seller can still hold the payment back until the item has been received in return, or until you have documented that it has been sent.

If you chose a more expensive delivery method than the cheapest standard option offered by the shop, the difference can be kept out of the refund. The repayment has to be made using the same means of payment you used, unless you agree otherwise, so you can say no to a credit note.

Withdrawal and defect claims: two entirely different rights

The right of withdrawal and the right to complain about defects are often mixed up, but they are two different things. The right of withdrawal lets you return a faultless item within 14 days because you have changed your mind. The right to complain under the Norwegian consumer purchases act applies when the item has a defect, and lasts two years, or five years for goods intended to last considerably longer, such as furniture, white goods and mobile phones.

That means it is never “too late” to complain about a defective item merely because the withdrawal period has passed. If your phone breaks after eight months without it being your fault, it is the right to complain you should invoke, and then it is the seller who has to cover the cost of return and repair. The right to complain also applies to used goods bought from a retailer.

The myth of the opened packaging

“You cannot withdraw once the packaging has been opened” is a myth. You have the right to open the parcel and examine the item the way you would have done in a physical shop, since otherwise the right of withdrawal would be worthless. Opened packaging does not remove the right of withdrawal, with the exception of sealed hygiene goods and the like.

What you do need to know: if you have used the item beyond what is needed to establish its nature, characteristics and function, the seller can deduct an amount for the loss of value when the money is refunded. Trying on a jumper is fine; wearing it for a week is not. The right of withdrawal remains, but the refund can be lower.

The right to exchange in a shop is not the same thing

Many people believe they have a statutory right to exchange goods bought in a physical shop. That is not the case: exchanging in a shop is a voluntary service arrangement, and the shop sets the terms itself, or decides whether to offer it at all. The right of withdrawal exists precisely because, when shopping online, you did not get to see the item before buying.

This is in fact an argument for shopping online when you are unsure: online you have a statutory, unconditional right to change your mind, while in a shop you depend on the shop's goodwill. Combined with a proper check of the seller beforehand, see safe online shopping: how to avoid fraud, the right of withdrawal makes online shopping a safe way to buy.

Extended returns before Christmas and in sale periods

Many online shops voluntarily extend the return deadline over the Christmas trade, so that gifts bought in November and December can be returned some way into January. This is a service arrangement on top of the statutory right of withdrawal, and the terms are set by the shop. Always check what has actually been promised before you count on it.

At the same time, be aware that the statutory right of withdrawal applies in full to sale items too. A shop cannot refuse to let you withdraw from an online purchase “because the item was on offer”, since reservations of that kind have no support in the law. The only thing that can vary between full-price and sale purchases is the voluntary extra arrangements offered by the shop, such as an extended exchange period or free returns.

If the seller does not follow the rules

If the shop refuses to accept a valid withdrawal claim, start with a written complaint referring to the right of withdrawal act and documenting that you gave notice within the deadline. If you paid by card, you can contact your bank and ask for the amount to be charged back. If you cannot reach agreement, the case can be brought before Forbrukertilsynet, the Norwegian Consumer Authority, which mediates in consumer cases.

Forbrukerrådet, the Norwegian Consumer Council, also has good guidance and template letters you can use. The vast majority of reputable online shops follow the rules without argument, but it is worth knowing your rights well enough to stand on them the times things get difficult.