According to a recent draft law, consumers will be able to request a replacement for non-conforming products when the non-conformity is found within 30 days of delivery.
Specifically, the draft law is to amend the provisions of Emergency Ordinance No 140/2021 on certain aspects of contracts for the sale of goods, in order to give consumers the possibility to obtain the replacement of goods found to be non-conforming within the first 30 days of delivery.
The current form of GEO 140/2021 only grants consumers the right to choose between the corrective measure of repair and replacement. However, in practice, the measure is decided by traders in the sense of initial repair of goods, sometimes to the disadvantage of consumers. Under the current provisions, the trader is obliged to either repair or replace the non-conforming good within 15 days.
Thus, the rationale behind the amendment of the current regulation is to provide greater protection for consumers in their dealings with traders, as it is considered that the goods in these circumstances were already defective at the time of purchase.
It should be noted that, in order to be applied and to produce effects, the draft law needs to be promulgated by the President of Romania.
Elena-Alexandra Chiorescu – Attorney at law
