{"id":4863,"date":"2022-11-14T13:58:53","date_gmt":"2022-11-14T11:58:53","guid":{"rendered":"http:\/\/blaj-law.ro\/?post_type=servicii&#038;p=4863"},"modified":"2025-03-24T11:15:46","modified_gmt":"2025-03-24T09:15:46","slug":"consumer-protection-in-romania","status":"publish","type":"servicii","link":"https:\/\/blaj-law.ro\/en\/services\/consumer-protection-in-romania\/","title":{"rendered":"Consumer protection in Romania"},"content":{"rendered":"<p><b>Regularly, individuals enter into legal relationships as consumers without knowing the legal remedies they can resort to when they are harmed in dealings with merchants. <strong>That is why our team of <a href=\"http:\/\/blaj-law.ro\/en\/\">lawyers in Romania<\/a> provides legal advice to ensure your rights are protected while also offering legal consultancy to merchants in carrying out their professional activities.<\/strong><\/b><\/p>\n<h2 id=\"formularea_reclamatiilor\">Filing consumer complaints against merchants in Romania.<\/h2>\n<p>Regardless of the severity of the damage you have suffered, you should not ignore the option of filing a complaint against the responsible merchant. Otherwise, if every consumer remained passive, harmful activities undertaken by merchants would not be sanctioned.<\/p>\n<p>Consumers can address authorities and public institutions by filing a written or electronic complaint. The process of resolving these complaints by the competent authorities involves several detailed steps, making it important for consumers to draft such complaints properly to increase their chances of obtaining a favorable solution.<\/p>\n<h2 id=\"reprimarea_clauzelor\">Suppressing the effects of abusive clauses.<\/h2>\n<p>The infringement of consumer rights and interests can also result from the inclusion of abusive clauses in contracts concluded with professionals. These clauses are assessed based on the overall content of the contract, its relation to other contract clauses or agreements on which it depends, the factors that led to its conclusion, and the nature of the products or services involved.<\/p>\n<p>The suppression of a clause found in a contract can be requested in court. Abusive clauses identified by legal authorities or even by consumers themselves will cease to have effect, and the contract will proceed without them if possible. Otherwise, consumers may request contract termination and compensation.<\/p>\n<h2 id=\"drepturile_consumatorilor\">Consumer rights in credit agreements in Romania.<\/h2>\n<p>Individuals&#8217; personal or family consumption needs can be met by entering into a credit agreement with a bank or another credit institution. The Blaj Law team of lawyers provides legal advice regarding the feasibility of such an agreement, carefully analyzing its content.<\/p>\n<p>A credit agreement is a contract in which a creditor grants or promises to grant a consumer credit in the form of deferred payment, a loan, or similar financial facilities, except for contracts for the continuous provision of services or the supply of goods of the same kind, when the consumer pays for them in installments during their provision.<\/p>\n<p>For example, consumers have the following rights in credit relationships: to receive pre-contractual information about the credit offer, such as the type of credit, creditor identification details, applicable interest rate, required guarantees, and whether there is a right of withdrawal.<\/p>\n<h2 id=\"securitatea_produselor\">Compliance and safety of products and services offered by merchants.<\/h2>\n<p>Merchants must ensure the compliance and safety of their products and services, as required by law, otherwise, they are liable for damages caused to consumers. Offering a defective product or service to consumers creates inconveniences, but we can help you resolve them.<\/p>\n<p>If a consumer is not provided with a product repair within a reasonable time or a product replacement, they may request contract termination or, where applicable, a price reduction.<\/p>\n<p>Additionally, a merchant may offer a commercial warranty, which is contractual in nature, requiring them to issue a warranty certificate that includes details about product repairs, replacements, and the timeframes for these services.<\/p>\n<h2 id=\"practici_incorecte\">Unfair commercial practices in Romania.<\/h2>\n<p>Abusive or unfair commercial practices pose a risk to consumers, making it important for professionals to understand this concept to avoid legal liability and develop a compliant and effective business strategy. Unfair commercial practices include deceptive or aggressive practices.<\/p>\n<p>Deceptive practices are actions by merchants that use false information to mislead consumers into making a commercial decision they would not otherwise make. Examples include falsely stating that a product will only be available for a limited time, displaying a quality certification or mark without authorization, or describing a product as &#8220;free&#8221; or &#8220;at no cost&#8221; when it is not.<\/p>\n<p>Aggressive practices are actions that significantly restrict consumers&#8217; freedom of choice, including harassment, coercion, or physical force. Examples include visiting a consumer\u2019s home despite their request to stop, misleading them about their ability to leave a merchant\u2019s premises without signing a contract, or broadcasting advertisements urging children to persuade their parents to buy specific products.<\/p>\n<h2 id=\"raspunderea_civila\">Civil, administrative, and criminal liability of merchants in consumer contracts.<\/h2>\n<p>In consumer protection matters, professionals must comply with a series of mandatory legal provisions in their dealings with consumers. Understanding merchant liability is relevant from both the professionals&#8217; and consumers&#8217; perspectives.<\/p>\n<p>From a civil law perspective, failing to fulfill contractual obligations may result in contractual liability if the following conditions are met: the presence of an unlawful act, a culpable failure to fulfill obligations, the existence of damages, and a causal link between the wrongful act and the damage. If these conditions are not met but a culpable unlawful act has occurred, tort liability for damages applies.<\/p>\n<p>Administrative liability arises when an act or omission constitutes an administrative offense as defined by law or regulations. The main administrative sanctions include warnings, fines, community service, and other penalties established by special laws.<\/p>\n<p>Criminal liability is triggered when a legal offense is committed, without excluding civil liability.<\/p>\n<h2 id=\"reprezentarea_in_litigii\">Legal representation in consumer rights litigation in Romania.<\/h2>\n<p>Certain merchant practices harm consumers&#8217; health, safety, and economic interests, while in some cases, professionals may need to take legal action against consumers. Regardless of the situation, our <a href=\"http:\/\/blaj-law.ro\/en\/\">lawyers in Romania<\/a> can professionally represent you in commercial disputes.<\/p>\n<p>As in other areas of law, consumer rights matters allow any person to seek justice for the protection of their rights and legitimate interests.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Regularly, individuals enter into legal relationships as consumers without knowing the legal remedies they can resort to when they are harmed in dealings with merchants. That is why our team of lawyers in Romania provides legal advice to ensure your rights are protected while also offering legal consultancy to merchants in carrying out their professional [&hellip;]<\/p>\n","protected":false},"featured_media":2954,"parent":0,"menu_order":0,"template":"","class_list":["post-4863","servicii","type-servicii","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4863","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii"}],"about":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/types\/servicii"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media\/2954"}],"wp:attachment":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media?parent=4863"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}