NEW CONSUMER PROTECTION RULES

NEW CONSUMER PROTECTION RULES

The Romanian State has recently passed Emergency Ordinance no. 34/2014 transposing Directive 2011/83/CE on consumer rights, in order to avoid receiving a severe fine from the European Court of Justice for failing to transpose the Directive on consumer protection within the legal time frame.

The Ordinance provides various consumer rights, specifies the information that has to be provided to customers during the pre-contractual period. Thus, it grants consumers a period during which they can freely terminate the contracts they have
concluded, through a better regulation of distance contracts or of contracts concluded by telephone. For example, it regulates mobile service, Internet, public utilities (water, gas, electricity, thermal energy) contracts, online sales. Nevertheless, the new rules do not apply to contracts referring to social services, healthcare, gambling, financial services, real estate. Hereinafter you can find a brief presentation of the most important new provisions:

INFORMATION TO BE PROVIDED BY PROFESSIONALS

Before concluding a contract with the consumer (always a natural person or a group of associated persons), professionals (the seller / the provider) has to provide legible, visible and easily understandable information, namely:

1. The characteristics of the products and services provided/delivered (including technical information and information regarding the product’s functionality);


2. The professional’s identification data, including its address and telephone number;


3. The total price for the products (including whether the price comprises transportation fees and the person who bears those fees);


4. Payment and delivery methods;


5. The contract duration;


6. The products’/services’ conformity, as well as compensation to be paid should the quality standards agreed upon are not met;


7. The warranty period, including the possibility to repair or replace the product;


8. The consumer’s right of withdrawal (if such right exists, including withdrawal costs) etc.

CONSUMER’S RIGHT OF WITHDRAWAL

In accordance with the new provisions, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reasons. The Ordinance comprises a standard form for withdrawal..

The withdrawal period is of 14 days. It is calculated in a differentiated manner, depending on the contract type. Thus, for service contracts, this period shall be calculated starting from the date of conclusion of the contract. For sales contracts for multiple products subject to a single order, starting from the date when the consumer acquires possession of the ordered products.

Should the professional not inform the consumer on his right of withdrawal, the withdrawal period shall expire 12 months after the expiry of the 14 days period here in above mentioned.

Following withdrawal, professionals shall reimburse all payments received from the consumer no later than 14 days from the date of withdrawal. The reimbursement method must be identical to the payment method used by the consumer.

Furthermore, consumers shall return the products no later than 14 days from the date when he informed the professional on its decision to withdraw.

OTHER NEWS

• Professionals shall not apply fees exceeding their costs for the use of a certain payment method;


• For contracts concluded by telephone, at the beginning of the conversation professionals shall inform customers on their identity and shall mention the commercial character of the call; moreover, the contract is validly concluded after the consumer gives its written consent or signs the offer;


• Consumers who request the services of professionals for the purpose of carrying out maintenance or repair works with a price inferior to 200 Euros shall receive from professionals information regarding their identity and address, the manner in which the price is calculated, as well as an estimate of the total cost.