Consumer rights, guarantees relating to the purchase of goods and services and dispute resolution

Guarantees related to the purchase of goods

Legal compliance guarantee

The legal guarantee applies to almost all goods, this includes any tangible movable object, goods with digital elements (e.g., mobile phones), as well as water, gas, or electricity, when sold in a limited volume or quantity.

The legal guarantee period is 2 years, regardless if you purchase products online, in a store, or by mail order.

For goods with digital elements (smart watches, phones, and smart home appliances) the legal guarantee can be five years, if the goods have an average usage period longer than five years, and the contract provides for the continuous supply of digital content or digital services (for example, periodic system updates or software included in the sales contract). If the continuous supply of digital content or digital services is for a period longer than five years, then the guarantee will be valid for that period.

For second-hand goods, you can agree with the seller on a warranty period under 2 years. However, the guarantee cannot be less than 1 year.

Commercial guarantee

The commercial guarantee represents a commitment undertaken by the seller or the manufacturer, in addition to the legal guarantee, by which they agree to refund the paid price or to replace, repair, or maintain the goods in any way, in case these do not meet specifications or any other requirement not related to compliance

If the manufacturer offers you a commercial durability guarantee for certain goods for a specific period of time, the manufacturer is directly responsible to you, for the entire period covered by the durability guarantee, for repairing or replacing the goods. The manufacturer may offer more favorable conditions in the commercial durability guarantee certificate.

The commercial guarantee must be offered to you in writing or on any durable medium. This can be done as a guarantee certificate.

For long-term use products, the guarantee certificate is mandatory, even if a commercial guarantee is not offered.

The commercial guarantee certificate is worded in simple and intelligible language and contains the following elements:

• a clear statement indicating that the consumer has the right to corrective measures from the seller, free of charge, in case of non-compliance of the goods and that such corrective measures are not affected by the commercial guarantee;
• the name and address of the guarantor;
• the procedure the consumer must follow to obtain enforcement of the commercial guarantee;
• indication of the goods to which the commercial guarantee applies;
• the conditions of the commercial guarantee.

Presumption of lack of conformity

Until proven otherwise, any problem (non-conformity) of the product, occurring within 1 year from the time of delivery, is considered to have existed when the product was delivered to you.

Seller's liability

The seller is liable to you for any lack of conformity existing at the moment when the goods were delivered.

In case of non-conformity, you have the right to ask the seller to bring the product into conformity by free repair or replacement, price reduction, or contract termination. You can choose any of these corrective measures as well when the non-conformity of the goods is found soon after delivery, without exceeding 30 calendar days.

Right of withdrawal

The right of withdrawal from a contract is only valid for contracts concluded at a distance or outside commercial premises and can be exercised within a period of 14 calendar days, without the need to justify the decision.

In case the right of withdrawal is exercised the trader must reimburse the sums paid, without undue delay, but no later than 14 days from the date you informed them about the decision to withdraw from the contract.

There are some specific exceptions from the right of withdrawal, for example perishable goods, goods that have not been sealed and cannot be returned for heating or hygiene reasons, and service contracts after the service has been fully performed, when you have agreed in advance to start the service immediately and acknowledged that you lose the right of withdrawal when the service is fully completed.

Procedures for resolving consumer disputes and granting compensation

If you have a problem with a trader and it cannot be resolved directly with the trader, you have the following options:

• filing a complaint to the competent authority;
• initiating an alternative dispute resolution procedure.

General procedure for handling consumer petitions

If you reside in Romania and have a problem with a trader from Romania, you can contact the Regional Consumer Protection Commissioners, structures subordinated to the National Authority for Consumer Protection.

The ways you can contact the structures of the National Authority for Consumer Protection are:

• notification: form made in writing about the lack of conformity of purchased products/services, without requesting material claims, through which a possible violation of consumer rights and interests is brought to attention.
• complaint: form made in writing regarding the lack of conformity of purchased products/services or other violations of consumer rights and interests and by which material or other claims are requested.

Procedure for resolving cross-border disputes

If you have a problem with a trader from another EU country, Norway, Iceland, or the United Kingdom, you can contact the European Consumer Centre in your country of residence.

The European Consumer Centres can offer you, free of charge, the following services:

• information about your rights under European and national legislation;
• information about possible ways to resolve the complaint;
• facilitating an amicable settlement with the foreign trader from whom you bought products or services, directly or online;
• referral to a competent body, if an amicable settlement cannot be reached.