10 Things You Should Know About Product Warranties in Romania
Updated: 4 days ago
Understanding product warranties can be daunting for consumers, especially with various regulations and terms to understand. In Romania, the warranty system is designed to protect consumers, ensuring that products meet quality and performance standards.
The main legal framework governing product warranties, including conformity guarantees and commercial warranties, is established by Law No. 449/2003 on the sale of products and associated warranties, with subsequent amendments and updates to align with European Union directives, especially the Consumer Rights Directive (Directive 2011/83/EU). This law sets forth the rights and obligations of sellers and consumers concerning the sale of products, ensuring that consumers are protected against non-conformity and provided with clear warranty terms.
The law details the requirements for conformity of goods, the liability of sellers for any lack of conformity, the duration of legal warranties, consumer rights in case of non-conformity, and the specifics of commercial warranties offered by manufacturers or sellers beyond the minimum legal requirements. It aims to ensure that products sold within Romania meet certain standards of quality and performance and that consumers have access to fair remedies when products fail to meet these standards.
Here's what you should know:
1. Conformity Warranty Is Mandatory - The Seller Must Warrant Conformity Of The Products To The Consumers.
Sellers are required to ensure that products or goods conform to the sales agreement or announcement made by the seller or manufacturer. This means products sold to the consumers must:
match the seller's description and qualities as presented as a sample or model, fulfill any specific consumer requests agreed upon at sale,
be suitable for their intended use, and meet quality and performance expectations based on the seller's statements and advertisements or requested by the consumer or which the consumer made known to the seller and was accepted by the seller at the time of the sales contract.
the product is suitable for the purposes for which products of the same type are normally used (You want your smartphone to be able to use social media, don’t you?).
the product has the quality and performance standards that a consumer can reasonably expect, given the nature of the product and the public statements about its specific characteristics made by the seller, manufacturer, or their representative, especially through advertising or on the product’s label.
For instance, if you purchase a refrigerator advertised with an ice maker feature, the refrigerator must come with a functioning ice maker.
Non-conformity of the products will be assessed by taking into account all the requirements above. Non-compliance also occurs in the following two situations: (i) the product purchased by the consumer is incorrectly installed by the seller, when installation is an obligation of the seller; (ii) the product intended to be installed by the consumer is incorrectly installed by them due to deficiencies in the instructions for use.
2. There Is A Mandatory Warranty Duration Of 2 Years.
The seller is liable for any lack of conformity that exists at the time of delivery and becomes apparent within 2 years from the delivery date.
For occasional products, the seller and the consumer cand agree on a shorter duration of the warranty, but, however, it cannot be less that 1 year.
3. Burden of Proof is on the Seller.
For non-conformities noticed within one year from delivery, the law presumes that they existed at the time of delivery, unless proven otherwise or if this presumption contradicts the product’s nature or the non-conformity. This means that the consumer should only show the defect and date of delivery for the warranty to activate.
4. Consumers Have Several Rights Regarding Defective Products.
Consumers have the right to request conformity, receive a price reduction, or terminate the contract if products do not meet the agreed standards. Choices between repair or replacement are available unless either option is impossible or disproportionately burdensome for the seller.
5. Conditions for Repairs or Replacements.
Repairs or replacements must be carried out under the following conditions:
without any cost from the consumer;
within a reasonable timeframe not exceeding 15 calendar days from when the seller was informed by the consumer about the non-conformity, which is agreed upon in writing between the seller and the consumer, considering the nature and complexity of the goods, the nature and severity of the non-conformity, and the effort required to complete the repair or replacement;
without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer requested the goods in question.
seller must cover the associated costs for takeover of the goods for repair.
6. Consumers can be entitled to terminate the contract, return the products and obtain reimbursement of the price.
Consumers can terminate the contract under certain conditions, such as if the seller fails to repair or replace the product adequately, non-conformity persists despite efforts to fix it, or the non-conformity is severe enough to justify immediate contract termination.
Specifically, consumers can terminate the contract if:
the seller has not completed the repair or replacement, or has not done so according to the applicable provisions, or the seller has refused to bring the goods into conformity;
a non-conformity is found despite the seller's efforts to remedy it;
the non-conformity is so serious that it justifies a price reduction or the right to immediately terminate the sales contract.
the seller has stated that they will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer, or this is clearly indicated by the circumstances of the case.
7. Commercial Warranties.
Besides the legal conformity warranty, manufacturers or sellers can also offer additional commercial warranties, whose duration and application conditions are determined by them, via warranty certificates or advertisements of the product. Such commercial warranties can regard the durability of the goods.
If the warranty certificate provides less favorable conditions than the ones publicly advertised for the respective products, the latter will apply. Sellers must provide these commercial warranties at the time of product delivery, in clear and understandable language, detailing the warranty's scope, conditions, and claim process.
8. Warranty Certificates.
If a commercial warranty is provided to the consumer, than:
The seller should provide a warranty certificate, at the latest at the time of delivery of the goods, in Romanian language (other languages can be included).
The commercial warranty certificate is written in simple and understandable language and the details of the commercial warranties must be clearly communicated to consumer.
The commercial warranty certificate includes the following elements:
a) a clear statement indicating that the consumer has the right to corrective measures from the seller, without cost, in case of non-conformity of the goods, and that these corrective measures are not affected by the commercial warranty;
b) the name and address of the guarantor;
c) the procedure the consumer must follow to enforce the commercial warranty;
d) an indication of the goods covered by the commercial warranty;
e) the conditions of the commercial warranty.
9. Extended and New Commercial Warranties.
If a product is repaired under a commercial warranty, the consumer benefits from a warranty period extended by the repair time. For replacements, a new warranty period begins.
10. Repair Time Limits.
Repairs under a commercial warranty must not exceed 15 calendar days, with the specific timeframe agreed upon in writing between the consumer and the seller.
Conclusions
Understanding these key points about product warranties in Romania empowers consumers to make informed decisions and ensures they receive the quality and service they expect from their purchases. You can instanly schedule an online legal consulation with an attorney or ask for personalised advice.
