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ARTICLE 9
Right of withdrawal
(1) Except for the cases provided for in art. 16, the consumer benefits from a period of 14 days to withdraw from a contract at a distance or from a contract outside the commercial premises, without having to justify the decision to withdraw and without incurring other costs than those provided for in art. 13 para. (3) and in art. 14.
(2) Without prejudice to art. 10, the withdrawal period mentioned in par. (1) expires within 14 days from:
a) the date of conclusion of the contract, in the case of service contracts;
b) the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the products, in the case of sales contracts, or:
(i) if the consumer orders through a single order multiple products that will be delivered separately, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last product;
(ii) in the case of the delivery of a product that consists of several lots or parts, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last product or the last part;
(iii) in the case of contracts for the periodic delivery of products for a determined period of time, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the first product;
c) in the case of contracts for the supply of water, natural gas, electricity, when they do not provide for the sale in a limited volume or set quantity, of thermal energy or of digital contents that are not delivered on a physical medium, the date of conclusion of the contract .
(3) The contracting parties fulfill their contractual obligations during the withdrawal period according to the provisions of this emergency ordinance.
ARTICLE 10
Omission of information regarding the right of withdrawal
(1) If the professional did not send the consumer the information regarding the right of withdrawal according to art. 6 para. (1) lit. h), the withdrawal period expires 12 months after the end of the initial withdrawal period of 14 days.
(2) In case the professional has sent the consumer the information provided in para. (1) of this article within 12 months from the date mentioned in art. 9 para. (2), the withdrawal period expires in 14 days from the date on which the consumer receives the respective information.
ARTICLE 11
Exercising the right of withdrawal
(1) Before the withdrawal period expires, the consumer informs the professional about his decision to withdraw from the contract. For this purpose, the consumer can choose one of the following options:
a) to use the withdrawal form model provided in part B of the annex;
b) to make any other unequivocal statement in which he expresses his decision to withdraw from the contract.
(2) The consumer exercised his right of withdrawal during the withdrawal period mentioned in art. 9 para. (2) and in art. 10 if the communication regarding the exercise of the right of withdrawal is sent by the consumer before the expiration of the respective period.
(3) The professional can, in addition to the possibilities mentioned in para. (1), to give the consumer the option to complete and submit in electronic format, on the professional's website, either the withdrawal form model provided in part B of the annex, or an unequivocal declaration of any other type. In these cases, the professional communicates to the consumer, without delay, on a durable medium, the confirmation of receipt of the withdrawal form.
(4) The burden of proof regarding the exercise of the right of withdrawal in accordance with the provisions of this article rests with the consumer.
ARTICLE 12
Effects of withdrawal
Exercising the right of withdrawal ends the obligations of the contractual parties, as the case may be:
a) to execute the contract at a distance or the contract outside the commercial space;
b) to conclude a contract at a distance or outside the commercial space, if the consumer has made an order.
ARTICLE 13
The obligations of the professional in case of withdrawal
(1) The professional reimburses all the sums he received as payment from the consumer, including, as the case may be, delivery costs, without undue delay and, in any case, no later than 14 days from the date on which he is informed by the consumer's decision to withdraw from the contract in accordance with art. 11.
(2) The professional reimburses the amounts mentioned in para. (1) using the same payment methods as those used by the consumer for the initial transaction, unless the consumer has agreed to a different payment method and on the condition that the consumer does not have to pay commissions after the refund .
(3) Without prejudice to para. (1), the professional is not obliged to reimburse the additional costs if the consumer has explicitly chosen a different type of delivery than the standard delivery offered by the professional.
(4) Unless the professional has offered to recover the products himself, in the case of sales contracts, the professional can postpone the reimbursement until the date of receipt of the products that were the subject of the sale or until the moment of receipt of proof from the consumer according to which he sent the products to the professional, considering the closest date.
ARTICLE 14
Obligations of the consumer in case of withdrawal
(1) Unless the professional has offered to recover the products himself, the consumer returns the products or hands them over to the professional or to a person authorized by the professional to receive the products, without undue delay and within no more than 14 days from the date on which he communicated to the professional his decision to withdraw from the contract in accordance with art. 11. The term is respected if the products are sent back by the consumer before the expiration of the 14-day period.
(2) The consumer bears only the direct costs related to the return of the products, unless the professional accepts to bear those costs or the professional has not informed the consumer that these costs must be borne by the consumer. In the case of off-premise contracts, where the products were delivered to the consumer's home at the time of the conclusion of the contract, the professional takes the products at his own expense if the products, by their nature, cannot be returned normally by post.
(3) The consumer is only responsible for the reduction in the value of the products resulting from their handling, other than what is necessary to determine the nature, characteristics and functioning of the products. The decrease in the value of the products must not be a disincentive for the consumer to exercise his right of withdrawal. Regardless of the situation, the consumer is not responsible for reducing the value of the products if the professional failed to inform him about the right of withdrawal in accordance with art. 6 para. (1) lit. h).
(4) The professional must be able to prove the decrease in the value of the products that results differently from what is necessary to determine the nature, characteristics and functioning of the products.
(5) When the consumer exercises his right of withdrawal after submitting the request in accordance with art. 7 para. (3) or with art. 8 para. (8), the consumer pays the professional an amount proportional to what was provided until the moment the consumer informed the professional about the exercise of the right of withdrawal, in relation to the total coverage of the contract. The proportional amount to be paid to the professional by the consumer is calculated based on the total price agreed in the contract. If the total price is excessive, the proportional amount is calculated based on the market value of what was supplied.
(6) The consumer does not bear the costs for:
a) the provision of services or the supply of water, natural gas or electricity, when they are not put up for sale in a limited volume or predetermined quantity, or thermal energy provided, in whole or in part, during the withdrawal period, in one of the following situations:
(i) the professional did not provide information in accordance with art. 6 para. (1) lit. h) or i);
(ii) the consumer did not expressly request that the service begin during the withdrawal period in accordance with art. 7 para. (3) and with art. 8 para. (8);
b) the supply, in whole or in part, of digital content that is not delivered on a physical medium, in one of the following situations:
(i) the consumer did not give his express prior consent regarding the start of the service before the end of the 14-day period mentioned in art. 9;
(ii) the consumer did not confirm that he was aware of the fact that he loses his right of withdrawal at the time he gives his consent;
(iii) the professional did not provide the confirmation in accordance with art. 7 para. (2) or with art. 8 para. (7).
(7) With the exception of what is provided for in art. 13 para. (3) and to this article, the exercise of the right of withdrawal does not attract the responsibility of the consumer.
ARTICLE 15
Effects of exercising the right of withdrawal on ancillary contracts Without prejudice to art. 63-65 of the Government Emergency Ordinance no. 50/2010 regarding credit contracts for consumers, approved with amendments and additions by Law no. 288/2010, as amended, if the consumer exercises his right of withdrawal from
of a contract at a distance or of a contract outside the commercial premises in accordance with art. 9-14 of this emergency ordinance, any auxiliary contract terminates automatically, at no cost to the consumer, except for those provided for in art. 13 para. (3) and in art. 14 of this emergency ordinance.
To view the full legal document, visit the ANPC website at: http://www.anpc.gov.ro/anpcftp/legislatie/oug_34_140616.pdf