Romanian and European legislation provides clear protections for consumers, covering the entire process of purchasing goods, whether through traditional physical stores or online e-commerce platforms. It is imperative for consumers to be aware of their rights in relation to economic operators, especially during periods like Black Friday and similar events when discounts or so-called discounts are everywhere. The following sections outline aspects every consumer should consider when making online purchases.
A. Verifying the seller
According to the law, sellers must display identification information on their online platforms (such as name, tax ID, registration number in the Trade Registry, business address, activities, etc.), along with legal documents like Terms and Conditions or GDPR policies. Having all this information on an e-commerce platform gives valuable clues about the reputation of the seller from whom consumers intend to purchase goods or services.
B. Identifying fake discounts
The indication of price reductions is not done randomly but according to clear rules established by law. Economic operators must refer discounts to the lowest price of the product in the last 30 days (reference price) practiced in the same sales space, not arbitrarily. They must also indicate the lowest price in the last 30 days and express the discount in percentage or value terms.
Artificial price increases before discount periods may indicate that a much-desired discount is, in fact, not real.
C. Consumer’s right to information
The right to information is one of the most important consumer rights, alongside the right to withdraw from the contract and the right to a warranty for purchased products.
The right to information includes the presentation of all essential product information by the seller, as well as the exact display of the product price, including any additional taxes, delivery costs, payment methods, delivery time, the identity of the business operator, their contact details, and details on privacy policies that comply with EU Regulation 679/2016 and national legislation.
It is also important for economic operators to provide consumers with information on online and alternative methods for resolving disputes that may arise between them and the professionals.
D. Right of return (withdrawal from distance sales contract)
Another essential right recognized exclusively for consumers (individuals) is the right of withdrawal from the distance sales contract. Generally, the return period is 14 days, although it may vary depending on the policy set by the respective store. Where applicable, consumers must bear the costs in case of product returns following withdrawal from the contract without invoking any reason. Consumers should also be aware of the exceptions to the right of withdrawal provided by Government Emergency Ordinance no. 34/2014, which include products that cannot be returned for health protection reasons, those likely to expire quickly, sealed audio or video recordings, or sealed software unsealed after delivery, newspapers, periodicals, and magazines (except for subscription contracts), and contracts concluded through an auction, among others.
E. Warranty rights
According to EU law, a product warranty period is 2 years, although it may vary depending on the product and local legislation (Romanian law stipulates a 24-month warranty). To return a product, the law states it must not be damaged, and its functionality must not be affected. Additionally, to protect consumers, the law provides that they may claim compensation in cases where they have suffered damages due to defective products. Concerning product defects discovered by buyers, they have the right to notify the seller and request repair, replacement, or a refund, respecting the warranty policy and terms.
F. Other lesser-known consumer rights
- Firstly, if the seller fails to comply with the maximum delivery term provided by law (30 days), the consumer has the right to either refuse the product (in which case the contract is canceled and no longer produces effects), thus performing the resolution or termination of the contract, or offer the seller an extension to complete the delivery.
- In the case of a return, the refund for the returned product must be made by the seller within 14 days from the return date.
- Regarding returns, the consumer bears only the direct costs of returning products, unless the professional agrees to bear those costs or has not informed the consumer that they must bear these costs. Thus, if the economic operator has not informed about the consumer’s obligation to bear return costs, the former must cover these costs.
- Any consumer who considers themselves harmed due to illegal commercial behavior and demonstrates a connection between the concluded contract and the suffered damage has the right to address both the National Authority for Consumer Protection (ANPC) and the courts.
- Before a consumer concludes a contract or accepts an offer, the professional must obtain explicit consent from the consumer for any additional payment beyond the pre-set price for the main contractual obligation. If the professional did not obtain the consumer’s express consent but deduced it through automatically included options that the consumer must reject to avoid extra charges, the consumer can claim a refund for this payment.
- If a consumer receives commercial messages or emails without opting for such information, they may file a complaint with the National Authority for the Supervision of Personal Data Processing (ANSPDCP).
- Timers accompanying price reductions or messages like “Hurry, only one product left in stock!” or “The best product in Romania” are illegal and can be challenged before the ANPC, as they represent deceptive commercial practices.
For further information or any additional inquiries, please do not hesitate to contact us:
➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Mihaela Murariu – Attorney at Law
