Question 1

Is every individual customer a consumer?

Accepted Answer

Not automatically. The individual must act for a purpose outside their trade or profession. For mixed-purpose purchases, the circumstances and the weight of the professional purpose matter. The contract label or the issuing of an invoice does not settle the question by itself.

Question 2

Can every online purchase be returned within 14 days?

Accepted Answer

No. The withdrawal right applies to many distance contracts, but the law contains exceptions, including for certain personalised goods, sealed goods after unsealing, fully performed services under the statutory conditions and digital content supplied after the required consents. Original packaging may matter when assessing handling and diminished value, but a return policy should not remove the statutory right through an automatic packaging condition.

Question 3

Can the customer demand an immediate refund for non-conforming goods?

Accepted Answer

Sometimes, but not in every case. The statutory regime usually begins with bringing the goods into conformity by repair or replacement, subject to the legal conditions and limits. A price reduction or termination becomes available in the cases set out in Emergency Ordinance no. 140/2021. The facts and seriousness of the lack of conformity should be checked before responding.

Question 4

Is the legal guarantee for goods always two years?

Accepted Answer

As a rule, the seller is liable for a lack of conformity found within two years of delivery. There are particular rules for goods with digital elements, second-hand goods and other regulated situations. A shorter commercial guarantee does not reduce the statutory period, while a longer one is binding under the terms on which it was offered.

Question 5

Can we use the list price as the crossed-out price in a sale?

Accepted Answer

Not without checking the applicable rule. For price reduction announcements concerning goods, the prior price is generally the lowest price applied in the same sales outlet during the preceding 30 days. Specific rules cover recently marketed goods, perishables, progressive reductions and outlets. The company must be able to prove the price history used.

Question 6

Can a subscription renew automatically?

Accepted Answer

Automatic renewal is not prohibited in every situation, but the term, duration, price, notice and cancellation route should be assessed together. An unreasonably short period for refusing renewal or a cancellation process that obstructs the customer may cause problems. Some sectors have additional rules.

Question 7

Do the digital content rules apply if the service is free?

Accepted Answer

They may apply where the consumer provides personal data in exchange for the digital content or service, subject to the exceptions in Emergency Ordinance no. 141/2021. The review must also consider the GDPR rules and why the company processes the data. Calling a service free does not determine the legal regime.

Question 8

Which documents help with a complaint or ANPC inspection?

Accepted Answer

Useful records include the offer seen by the customer, the relevant terms, order and confirmation, delivery evidence, price history, guarantee document, correspondence and internal decision. For product safety issues, keep traceability data and technical assessments as well. Centralise records as they exist, without retrospective additions presented as contemporaneous with the transaction.