2- or 5-year legal guarantee

In Norway, consumers are protected by a legal guarantee of either 2 or 5 years when purchasing goods from a business. Which time limit applies depends on the type of product. 

The difference depends on whether the product is intended to last significantly longer than 2 years. For example, some cosmetics and beauty products are covered by a 2-year legal guarantee, while products expected to last for many years, such as TVs, are covered by a 5-year legal guarantee. 

In other words, the expected lifespan of the product determines whether the 2- or 5-year legal guarantee applies. 

Read the Norwegian version of the article here. (Link is coming when the text is approved) 

In Norway, you are considered a consumer when you purchase goods, services, digital content, or digital services from a business for personal use. If you shop as a private individual, whether in a store or online, you are protected by consumer protection laws. 

Consumer protection may also apply when you receive digital content or digital services in exchange for your personal data rather than payment. 

However, if you make a purchase primarily for business purposes, you are generally not considered a consumer, and different rules apply. 

To keep your right to make a complaint, you must notify the seller within a reasonable time after discovering the fault. In practice, this means you should contact the seller as soon as possible. 

If you notify the seller within 2 months of discovering the fault, you will always have complained within a reasonable time. 

The 2- or 5-year legal guarantee applies regardless of whether you bought the product online, in a physical store, or by telephone or mail order, and whether the product was new or second-hand.  

The seller cannot shorten the legal guarantee period. 

If you bought the product from a private individual, you may still be able to make a complaint directly to the original professional seller, provided that the legal guarantee period has not expired. 

Special rules apply to digital content, digital services, and products with digital elements, such as apps, streaming services, cloud services, or smart devices that receive digital updates. 

The rules depend on whether the digital content or service is delivered all at once or supplied over a period of time. 

• If the digital content or service is delivered at once: If you purchase digital content or a digital service that is delivered in full at the time of purchase, you must make your complaint within 2 years. You should also notify the seller as soon as possible after discovering the fault. 
• If the digital content or service is supplied over time: If the digital content or service is provided continuously over a period of time, you must complain as soon as possible after discovering the fault. 
• Products with digital elements: If you buy a physical product that includes digital content or digital services, such as a smart watch, smart TV, or other connected device, the Norwegian Consumer Purchases Act may apply. 

Before making a complaint, it is important to determine whether the product has a defect under Norwegian law: 

A product has a defect if the fault, or the cause of the fault, was present when you received the product. For example, a manufacturing defect or an inherent weakness in the product may only become apparent after some time. This means that the seller can also be responsible for faults that do not become visible until later. 

However, not every problem that occurs after purchase is covered by the legal guarantee. Faults caused by accidental damage, improper use, or normal wear and tear will generally not be covered. 

If you believe the product has a defect, you should contact the seller as soon as possible. 

If the product proves to be faulty within the applicable complaint period, and the fault is covered by the Norwegian Consumer Purchases Act, the seller may be required to: 

• repair the product; 

• replace it with a new one; or 

• provide a refund if the defect is significant. 

For more information, see the section What solutions must the seller offer if the product has a defect? 

As a general rule, the person making a complaint must prove that the product has a defect. 

However, Norwegian law makes this easier for consumers. If a fault appears within the first two years after you receive the product, it is generally assumed that the fault existed when the product was delivered. In that case, the seller must prove that the product was not faulty when you received it. 

If the fault appears more than two years after delivery, you must normally prove that the fault, or the cause of the fault, was present when you received the product. 

For products purchased before 1 January 2024, different rules apply. This is because the Norwegian Consumer Purchases Act was amended on 1 January 2024, extending the presumption period from 6 months to 2 years. 

This means that for products purchased before 1 January 2024, the previous 6-month period applies. If a fault appeared within the first 6 months after delivery, the seller had to prove that the product was not faulty when you received it.

Different rules apply to digital content and digital services that are supplied continuously over a period of time. 

If a fault concerns digital content or a digital service that you receive on an ongoing basis, the seller must prove that the digital content or service was not faulty during the agreed delivery period. 

The same principle applies to products with digital elements, such as gaming consoles, smart TVs, and smart watches. In these cases, the seller must prove that the digital content or service was not faulty during the agreed delivery period or, in some cases, within the first two years after delivery. 

If the product has a defect that is covered by the Norwegian Consumer Purchases Act, you may be entitled to one of the following remedies: 

• repair of the product; 

• a replacement product; 

• a price reduction; or 

• a full refund if the defect is significant. 

In most cases, the seller has the right to choose whether to repair the product or replace it with a new one. This also applies to digital content, digital services, and products with digital elements. 

If the seller offers to repair or replace the product within a reasonable time, you cannot normally insist on a price reduction or a refund instead. 

The seller may refuse your request for repair or replacement if the requested solution would be impossible or would result in unreasonable costs compared with the alternative. 

The seller cannot refuse to handle your complaint by referring you to the manufacturer or importer. However, if you prefer, you may also make your claim directly against the manufacturer or importer. 

As a general rule, the seller is entitled to attempt a repair or provide a replacement before you can demand a price reduction or a refund. The repair or replacement must be completed within a reasonable time, which is typically a few weeks. 

In some cases, the seller may need more time or additional opportunities to fix the problem. For example, this may be the case if the fault only occurs occasionally and is difficult to identify. 

If the seller is unable to repair or replace the product, you may be entitled to another remedy, such as a price reduction. If the defect is significant, you may also have the right to cancel the purchase and receive a refund. 

When you purchase goods at an auction, for example online, either the auction company normally acts as the seller of the product or the auction company functions as the broker of the sale.  

Since there is a commercial seller or broker, your purchase at the auction will as a rule be a ‘consumer purchase’. This means that as a rule you will have a 2- or 5-year legal guarantee.

If there is a fault on the product, and you and the seller are unable to agree on a solution to the problem, you may proceed with a complaint case.  

In Norway there is a consumer complaints system which consists of the Norwegian Consumer Authority and the Consumer Disputes Commission. They handle complaints in a large number of areas where there is no dedicated complaints board and are the primary complaints bodies for disputes concerning the purchase of products.   

In addition, there are a number of approved complaints boards which assist consumers in specific sectors.  Do you need help to find the right complaint board? Contact ECC-Norway.   

Each individual complaints board has its own rules and procedures. It is normally faster and cheaper to use them than to go to court.  

You can contact Consumer Europe to get an overview of the relevant bodies here.   

If you have purchased a product or a service from a seller in another EU country, and problems arise with your purchase, you can contact the European Consumer Centre Norway for advice and guidance on your rights or for assistance with a particular complaint case. The European Consumer Centre Norway is part of a European network (European Consumer Centres Network, ECC-Net) with offices in each EU country and in Norway, Iceland and the UK.  

Please see also the difference between legal and commercial guarantee in Norway.