Consumer Rights in Case of Non-Conforming Goods

When a consumer purchases a good, they are entitled to receive a product that complies with the sales contract. Legislation provides a series of guarantees and mechanisms through which the consumer may request remedies if the good does not meet the agreed requirements.

Third-party rights

If the use of the good is hindered or restricted due to third-party rights – such as intellectual property rights – the consumer may request the corrective measures provided by law, including repair, replacement, or termination of the sales contract, except where the Civil Code stipulates nullity or termination of the contract.

Seller’s liability

The seller is liable for any lack of conformity existing at the time of delivery and discovered within two years from delivery.

For goods with digital elements, liability also covers non-conformities occurring during the supply of digital content or digital services.

For second-hand goods, the parties may agree on a shorter liability period, but it cannot be less than one year from delivery.

Burden of proof

Non-conformities identified within one year of delivery are presumed to have existed at the time of delivery, unless proven otherwise. For goods with digital elements provided continuously, the burden of proof regarding conformity rests with the seller throughout the contractual period.

Corrective measures

The consumer has the right to request:

• Repair or replacement of the good, free of charge, within a reasonable time and without significant inconvenience;
• A proportional price reduction or termination of the contract if repair or replacement is impossible, unreasonably delayed, or if the non-conformity is severe.

If the non-conformity is found within 30 days of delivery, the consumer has the direct right to replacement of the good. Termination of the contract cannot be requested for minor non-conformities, and the burden of proof regarding the minor nature rests with the seller.

After the two-year period expires, the consumer may invoke hidden defects within the average use period of the product, according to legal provisions.

Conclusion

Current legislation provides consumers with extensive protection regarding the conformity of goods. To fully benefit from these rights, it is essential to report non-conformities in due time and keep supporting documents (invoice, warranty certificate). In case of refusal by the seller, the consumer may contact the competent authorities or a specialized lawyer to enforce their rights.