When you buy a product, you have the right to receive exactly what you paid for – and the law protects this right. Government Emergency Ordinance no. 140/2021 on certain aspects concerning contracts for the sale of goods clearly regulates the seller’s obligations and the consumer’s rights in relation to sales contracts.
- When does the law apply?
The legal act applies to all sales contracts concluded between a consumer and a seller, including goods that are to be manufactured or custom-made.
It does not apply to:
- digital content or digital services (except when integrated into goods – for example, pre-
- physical media serving solely as a carrier for digital content (e.g., a blank CD/DVD);
- goods sold through enforcement procedures;
- goods sold at public auctions (provided that the consumer is clearly informed of this exception).
- What does “conforming goods” mean?
For a good to be considered conforming, it must meet both subjective and objective requirements.
Subjective requirements relate to what was agreed in the contract:
- the product must match the agreed description, type, quantity, and quality;
- it must correspond to the specific purpose communicated to and accepted by the seller;
- it must be delivered with all accessories and instructions specified in the contract;
- it must come with the agreed updates.
Objective requirements relate to the reasonable expectations of any consumer:
- the product must be fit for the usual purposes for which similar goods are used;
- it must match the quality and characteristics of any sample or model shown before purchase;
- it must be delivered with the accessories and instructions a consumer would reasonably expect to receive;
- it must offer normal durability, functionality, compatibility, and safety for goods of the same type, also taking into account public information provided by the producer or seller.
For goods with digital elements, the seller is required to provide updates (including security updates) for the period during which the consumer can reasonably expect to receive them. If updates are not installed due to the consumer’s fault (even though the consumer was informed), the seller is no longer liable for the resulting non-conformities.
- Installation of goods
If a product does not function properly due to installation, it is deemed non-conforming if:
- installation was carried out by the seller (or under their responsibility); or
- installation was carried out by the consumer, but the instructions provided by the seller were incorrect or incomplete.
Conclusion:
The law stands by the consumer and ensures that purchased products must conform both to reasonable expectations and to contractual details. Before making a purchase, carefully read the product description, keep your purchase documents, and if you encounter problems, request their remedy. And if the situation becomes complicated, consulting a lawyer can help you safeguard your rights.
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