Changes to the Consumer Sales Act

From 1 January 2024, several changes were introduced to the Consumer Sales Act. The changes will strengthen the consumer's position. This article highlights the most important changes for you as a consumer.

1. Scope of the Consumer Sales Act

The scope of the Consumer Sales Act applies to necessary, digital services that come with a product. A practical example of this is software that comes with a mobile phone or a PC. The extension means that the software is also covered by the rules in the Consumer Sales Act.

2. Burden of proof

Before 1 January 2024, defects discovered within six months were considered to have existed at the time of purchase, unless the seller could prove otherwise. The deadline has now been extended to two years. This means that the seller is liable for all defects discovered during the first two years, unless the seller can prove that the defect is due to circumstances beyond the seller's control, for example because the consumer is to blame for the defect.

3. Changed complaint rules

The complaint period for updates and digital services to be delivered on an ongoing basis is as long as the time period in which the services are to be delivered. This means that the deadline for complaints will not expire until the delivery under the agreement has been completed.

4. Seller's right to demand rectification

The seller's right to demand rectification has been reduced from two to one attempt. This applies regardless of whether the rectification concerns the same defect or a new defect. This makes it easier for the consumer to demand other remedies for breach of contract - such as price reduction and cancellation - if there are defects.

The rule has an important exception; the seller may make several attempts at rectification if this appears reasonable in the specific case. The law's preparatory works have assumed that the reasonableness threshold should not be particularly high.

5. Special rights in connection with hardware and software

Consumers are entitled to expect the hardware and software of the product to last for at least five years. This must be ensured by the consumer receiving delivery of and information about updates, including security updates and other necessary updates, in order for the product to function properly.

6. Not allowed to sell things «as is»

Traders have previously been able to sell products to consumers with an «as is» reservation. Such a general reservation is no longer permitted. If an item or product has a characteristic that deviates from the statutory requirements, this constitutes a defect unless it is specifically stated at the time the contract is entered into. The consumer must know which specific characteristic deviates from the legal requirements, and the deviation must be specifically and expressly accepted. In other words, there are strict requirements both for the characteristics of the item and for information and acceptance if the characteristics deviate from the standard set by law.

Halvorsen & Co AS assists both businesses and consumers in matters relating to sales law, including drafting contracts, handling defect claims and safeguarding rights.

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