16.01.2025

Having received complaints regarding the non-delivery of the terminals ordered once with the conclusion of a distance contract, ANCOM informs consumers about the legal framework applicable in these situations. End-users that are micro-enterprises, unincorporated economic entities, small businesses or non-profit organisations enjoy the same rights as consumers, to the extent that they have not explicitly agreed to waive these rights in whole or in part.

Distance contract – by phone or online

A distance contract is a contract that is concluded without the simultaneous physical presence of the parties, using one or more means of distance communication (e.g. telephone, letter, e-mail, online applications, etc.), before and at the time of concluding the contract.

Before concluding a distance contract, regardless of the method of conclusion (following a telephone conversation or following the placement of an online order), the provider has the obligation to provide a series of minimum information, such as: the identity of the provider, the services offered, the characteristics of the equipment and whether they are included in the package, the total price (services and associated equipment), the duration and conditions of termination of the contract, as well as information about the right of withdrawal from the contract.

The provider must transmit this information to the user on a durable medium (paper, e-mail, fax) or, if provision on a durable medium is not feasible, in a document that can be easily opened, viewed and downloaded.

In the case of a contract initiated over the phone, in order to complete the contract conclusion process, the user must send his consent either by handwriting the offer and returning it to the provider (if she/he has received it on paper), or by a confirmation sent to the provider on a durable medium (e-mail, fax).

In the case of an online contract, the moment of its conclusion is the moment when the provider confirms, on a durable medium, that it has accepted the order submitted by the user.

Regardless of the manner in which the contract is concluded, the provider must make available to the user the summary sheet of the contract, at the latest before the start of the provision of the services or at the time of delivery of the equipment, as the case may be.

Delivery of equipment following the conclusion of a distance contract (telephone or online)

When concluding a remote contract for the provision of telephone or internet services, depending on the commercial offer of the providers, users can choose to purchase equipment (mobile terminal, fixed device, desktop - PC, laptop, tablet, etc.).

The provider is obliged to provide information about the total price of the equipment, including any costs for the delivery of the purchased equipment and, if applicable, for its return in case of withdrawal from the contract.

According to the law, the maximum term for the delivery of a piece of equipment is 30 days from the conclusion of the contract, unless the parties have otherwise agreed. If the equipment is not delivered within 30 days or within the agreed timeframe, the user may request delivery within an additional period of time, depending on the circumstances.

If the provider does not deliver the equipment within the additional period, the user has the right to request the termination of the contract.

Remember!

• The user’s accepting by telephone the offer presented by the provider does not automatically imply the conclusion of a distance contract! The contract is considered concluded on the date on which the offer was signed or on which the written consent was sent, on a durable medium, to the provider.
• The mere submission of an order on the provider's website does not produce legal effects unless the provider sends an order confirmation message.
• After the conclusion of the distance contract, the user has the right to change his mind and withdraw from the contract, without invoking any reason, within 14 days from the date of conclusion of the contract, respectively from the date of receipt of the purchased equipment, as the case may be. Withdrawal from the contract should be made by filling in the withdrawal form or an explicit declaration to this effect. In case of returning the purchased equipment, the withdrawal form will be accompanied by a request for its return.
• If the provider omits information on the costs of delivery or return of equipment associated with a distance contract, the user will not pay those costs.

Complaint-related info

In case of problems related to the delivery of equipment ordered online or following a telephone conversation, users must first contact the providers with whom they have concluded the remote contract. ANCOM may intervene in the situation where providers do not respect users' rights regarding the conclusion of distance contracts through which electronic communications services are purchased with or without associated equipment. Notifications can be sent here.

If providers do not comply with the clauses of a distance contract, consumers can notify the National Authority for Consumer Protection (ANPC), while other categories of end users can turn to authorized mediators or courts.