September 23, 2020

A new law on sales of goods to consumers

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Starting with January 1st, 2022, a new law will enter into force on the sale of goods to consumers online and through traditional means. This is in the project stage.

A new law on the sale of goods to consumers online and through traditional means has been put up for public debate and will enter into force on January 1st, 2022.

The purpose of this new law transposing a U.E. Directive from 2019, is to harmonize national differences in the sale of goods, given that online sales of goods currently account for the majority of cross-border sales in the European Union.

The seller will be liable to the consumer for non-conformities existing at the time of delivery of the goods and those which are found within 5 years from that date. In addition, any non-compliance that will be found within 2 years from the date on which the goods were delivered, will be presumed to have already existed at the time of delivery of the goods, until proven otherwise.

The repairs or the replacements must be remedied within a period not exceeding 15 calendar days from the date on which the seller was informed of the non-conformity. The provisions derogating from the provisions of the law are not binding on the consumer.

The new law also applies to the sale of goods with digital elements that require digital content or a digital service to perform their functions. The seller has the right to sue the persons in the previous chain of transactions by requesting corrective action.

The sellers have the obligation to provide consumers with information on their rights under the new Law.

ANPC can apply contravention sanctions that can reach up to 50,000 lei.

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