Concerning Consumer Rights When Concluding Contracts

Original Language Title: privind drepturile consumatorilor la încheierea contractelor

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    The Parliament adopts this organic law.
This Act creates the legal framework required for the implementation of the provisions of Directive 83/2010/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council published in the official journal of the European Union L304 of 22 November 2011.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. The purpose of the law this law aims to ensure a high level of consumer protection and the proper functioning of the internal market.
In article 2. The scope of the law (1) this law shall apply, under the conditions and within the limits set by its provisions, to any contract concluded between a trader and a consumer, including contracts for the supply of the service of public water supply and sewerage systems, contracts for the supply of natural gas, or electricity supply contracts for the supply of thermal energy to the extent that these utilities are provided on a contractual basis.
(2) this Act does not apply to the following types of contracts: the contracts for the provision of) certain social services, including social accommodation, childcare and support of families and persons for the purpose of overcoming situations of difficulty;
(b) contracts having as their object) health services geared toward the needs of the healthcare and health recovery, achieved through the use of professional medical and pharmaceutical knowledge;
c) contracts having as their object the games involving gambling, wagering on a pecuniary value may, including Casino games, lotteries and betting transactions, type;
d) relating to financial service contracts;
e) contracts for the acquisition or transfer of certain rights on immovable property, except in the case of contracts for the services of estate agents and those concerning rental of spaces in residential purposes;
f) contracts having as their object the construction of new buildings, substantial transformation of existing buildings or rental housing in residential purposes, with the exception of those relating to the construction of some buildings and annexes to those relating to the repair and renovation of buildings;
g) contracts relating to package travel services;
h) housing agreements concerning products of periodic, long-term holiday contracts intermediation products and agency participation in an Exchange System;
I am authenticated) contracts, either by virtue of the law or at the request of the parties, by a notary public must be ensured, providing comprehensive legal information, that termination occurs only after the consumer has carefully analyzed the legal aspects and became aware of the scope of the legal person;
j) contracts having as their object the provision of food, beverage and other consumer products household current, supplied by a physical merchant who travels frequently or regularly at home, residence or workplace of the consumer;
k) to provide contracts of transport services of passengers, with the exception of art. 7 para. (2) to (4) and art. 18 and 21;
l) contracts concluded by means of automatic vending machines or automated commercial premises;
m) contracts with providers of electronic communications services through public pay phones, for their use, or to use a completed single connections via phone, Internet or fax, drawn up by a consumer.
(3) this law shall not apply to contracts negotiated outside commercial premises in respect of which payment must be made by the consumer do not exceed an equivalent in MDL of 10 euro at the National Bank of Moldova on the day in question. Where the consumer concluded while 2 or more related objects, contracts having in applying the respective threshold will be taken in view of the total cost.
(4) this Act does not affect the rules relating to the validity or effects, concluding the contracts covered by other legislative acts, to the extent that these aspects are not covered by this law.
(5) this law does not preclude the offering by merchant of some terms which are more favourable to the consumer.
(6) this Act does not apply to the transfer of rights and obligations held by a consumer on the basis of a contract entered into with a merchant to another consumer.
(7) for the purposes of this law, contracts for the provision of public service of water supply and sewerage systems, contracts for supply of natural gas and electricity supply, where they do not provide for sale in a limited volume or set quantity contracts for the provision of heat and contracts relating to digital content are not delivered to a substrate material shall not be considered neither sale-purchase contracts , any service-provision contracts.
(8) this Act does not apply to digital content are not delivered on a material medium and which are supplied free of charge through the dissemination of information on the Internet without the conclusion of a contract. Free access to a web page or a free download of a web page is not considered contract within the meaning of this law.
(9) the fact that a contract may include an option that allows the subsequent conclusion of agreements or a free trial does not change substantially the nature of the contract.
Article 3. Notions (1) the present law shall be used for the purposes of the merchant and consumer law. 105-XV of 13 March 2003 on the protection of consumers, as well as the notion of electronic means for the purposes of the law. 284-XV of 22 July 2004 on electronic commerce.
(2) for the purposes of this law, the following notions are defined as follows:-any distance contract contract negotiated and concluded between the trader and the consumer in the form of a sales system or providing services at a distance, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and at the time the contract is concluded , including any order made by the consumer and which produces binding effects upon him;
contract negotiated outside commercial premises-contract between a merchant and a consumer, that meets one of the following conditions are met: a) is the simultaneous physical presence of the trader and the consumer, in a place which isn't commercial space trader;
b) for this consumer contract was made an offer under the same circumstances as those referred to in (b). a);
c) is done in commercial spaces dealer or through the use of means of distance communication, immediately after the consumer has been approached personally and individually, in a place that is not a commercial vendor, space in the simultaneous physical presence of the consumer, with the exception of simple distributions of promotional information around business premises of the trader;
d) is concluded in the course of a merchant for the purpose of organized or watching the effect of promote and sell consumer goods or services in question;
contract-related contract whereby the consumer get the goods, works, services or digital content, other benefits related to a distance contract or negotiated outside commercial space, if such benefits are provided: a) to the same trader; or b) by a third party, on the basis of an agreement between the third party and the same merchant;
digital content-data produced and delivered in digital format (computer programs, applications, games, music, videos, texts, etc., regardless of whether they are accessed by downloading or by continuous flow, a substrate material, or by any other means);
functionality-how it can be used, for example, digital content: the content and language), if different, the language of any instructions included in content;
b method of) content: for example, steady stream, online, download, download access for a specified period;
c) content playback duration for video or audio files;
d) type and file size of downloadable files;
e) whether or not there's a commitment by the trader or a third party to maintain or update the product;
f) any conditions for use of the product that are not directly related to interoperability: tracking and/or customization;
-the need for an Internet connection for use of the product and its features (for example, the minimum speed of download and upload);
-need for others to have some software installed (for example, communication software);
g) any limitations on the use of the product:-the limits regarding the duration of a digital product can be watched, read or used times the number of uses;
-limits for the re-use of content, for example, for the purposes of private copying;
-restrictions on the basis of the consumer's device location;

-any conditional functionality, such as additional contracts paid content, membership of a club or the hardware of the time additional software;
commercial guarantee-any undertaking from the dealer or the manufacturer in relation to the consumer, in addition to the legal obligations relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or maintain the goods in any way if they do not meet the specifications or any other requirement which is not related to the compliance of the certificate of guarantee or of relevant advertising available at the time or before the agreement is concluded;
interoperability-information about the hardware and software environment that is compatible with standard digital content, for example, operating system version required, certain features of hardware equipment;
auction open-method of sale through which the operator provides goods or services to consumers who participate in or are able to attend in person (with physical presence), through a transparent, competitive bidding, a successful tenderer, in which the winner bidder is obliged to purchase the goods or services;
product-any tangible object, with the exception of mobile objects sold through execution or otherwise by authority of law; water, gas and electricity are considered "products" for the purposes of this law, except when they are put up for sale in a limited volume or fixed amounts;
products manufactured according to customer specifications-products are not as being made on the basis of individual options or decision;
commercial space: a) any unit of Realty retail dealer or person acting on behalf of the trader carries on his activity on a permanent basis; or (b) any mobile unit) retail dealer or person acting on behalf of the trader operates normally, including seasonality, and that is clearly identified as an area for sales to the public;
durable-any instrument (standard paper, CD-ROM, DVD, hard drive of personal computer hardware, USB memory stick, memory card, flash card, email, SMS, MMS, the consumer's private account on the website of the merchant, etc.) which enables the consumer or the trader to store information addressed personally to him or her are, in a way accessible for future reference for a period of time adequate for the purposes of subsequent use and which allows the unchanged reproduction of the information stored.


Chapter II

REQUIREMENTS in RELATION to INFORMATION INTENDED for CONSUMERS for OTHER CONTRACTS THAN DISTANCE CONTRACTS or CONTRACTS NEGOTIATED OUTSIDE COMMERCIAL PREMISES in article 4. Reporting requirements for contracts other than contracts or contracts negotiated away from business premises (1) before a contract other than a contract or a contract negotiated outside commercial premises, or any similar offer to produce binding effects on the consumer, the trader shall provide the consumer, in a clear and comprehensible manner, the following information, where such information does not derive obviously from the context : the main features of) the goods or services, the means of communication used and the products or services concerned;
b) full name or, in the language of the State, and state identification number (on WHOSE BEHALF) dealer body, respectively, the first and last name and state identification number www.torrentsmd.com Dealer natural, and the address at which he is established, and its phone number;
c) total price of goods or services including all taxes or, in the case where the price cannot be calculated in advance reasonable given the nature of the goods or services, the manner of calculation of price and, where appropriate, all additional transport costs, delivery times, postal charges or, where these cannot be calculated in advance reasonably , a reference to the fact that these additional costs could be borne by the consumer;
d) where appropriate, the arrangements for payment, delivery and execution, the date or period in which the trader undertakes to deliver the goods or providing the services and the merchant's policy of settling complaints, including standard delivery time limit laid down in article. 17;
e) in addition to a statement of the existence of a legal guarantees of compliance for products, concerning the existence of services after the sale and commercial guarantees, where applicable, and related conditions (in particular, the address where the service is provided after the sale and who shall bear the transport costs, if they are applicable);
f) period of validity of the contract or for a contract for an indefinite period or a contract to be extended automatically, the conditions for terminating the contract;
g) where appropriate, functionality, including the application of technical measures for the protection of digital content;
h) where appropriate, any relevant interoperability of digital hardware and software information about the dealer or may reasonably be presumed, that it has information.
(2) the provisions of paragraphs 1 and 2. (1) shall also apply to contracts for the supply of the service of public water supply and sanitation, supply of natural gas and electricity when they are put on sale in a limited volume or in a predetermined amount, contracts for the supply of heat or contracts for the supply of digital content that are not supplied on a material medium.
(3) the provisions of paragraphs 1 and 2. (1) does not apply to contracts for current needs, which are executed immediately, the moment in which they are concluded.
(4) the information referred to in paragraph 1. (1) forming an integral part of the contract and may not be altered in the event that the contracting parties expressly decide otherwise.


Chapter IIICERINŢE in RELATION to CONSUMER INFORMATION for DISTANCE CONTRACTS and THOSE NEGOTIATED OUTSIDE COMMERCIAL PREMISES and the RIGHT of revocation of THEIR Article 5. Information requirements for distance contracts and those negotiated outside commercial premises (1) before a distance contract or negotiated outside commercial premises or any similar offer to produce binding effects on the consumer, the operator shall provide to the consumer the following information in an intelligible manner: a) the main characteristics of the goods or services according to the means of communication used and the products or services concerned;
b) full name or, in the language of the State, and state identification number (on WHOSE BEHALF) dealer legal person or the name, forename and state identification number www.torrentsmd.com Dealer natural;
c) address at which he is established, the telephone number, fax number and e-mail address, if they are available, in order to enable the consumer to take Ahold of the trader and communicate with it in an effective manner, and, where appropriate, the address and the identity of the trader on whose behalf the agent is acting;
d) address where the trader carries on his activity, where it differs from the address provided in accordance with subparagraph (a). (c)), and, where appropriate, the mailing address of the trader on whose behalf the agent is acting, the consumer can send any complaints;
e) total price of goods or services including all taxes or, in the case where the cost cannot be calculated from the time reasonably given the nature of the products or services, the manner of calculating price and all additional transport costs, delivery, postal charges times otherwise, or, where they cannot be calculated in advance, reasonably , a reference to the fact that these additional costs could be borne by the consumer. In the case of a contract of unspecified duration or of a contract which includes a subscription, the total price will include the total costs per billing period. Where such contracts are charged at a fixed rate, the total price will include the total monthly costs. Where the total cost cannot be calculated in advance, shall be indicated the method of calculation of the price;
f) cost of using the means of distance communication for the conclusion of the contract, except when it is calculated based on a different rate than the basic fare;

g) methods of payment, delivery, performance, or until the date on which the period for which the trader undertakes to deliver the goods or to provide services or, where applicable, the procedure for the settlement of complaints carried out by the trader;
h) where there is a right of revocation, the conditions, the time and the procedures for the exercise of the right in question under article. 10 para. (1) as well as the form of revocation as provided for in the annex. 1;
I) where applicable, the fact that the consumer will have to bear the cost of returning the products in case of revocation or, for distance contracts, though, by their very nature, cannot be, normally returned by mail, the cost of returning the goods;
j) if the consumer exercises his right to cancel after submitting a claim in accordance with art. 6 paragraph 1. (3) and article 3. 7 para. (10) the information according to which the consumer is obliged to pay the reasonable costs of the trader in accordance with article 5. 13(2). (6);
k) where the right of revocation is not provided in accordance with art. 15, the information that the consumer will not benefit from a right of revocation or, where appropriate, the circumstances in which the consumer loses his right of revocation;
l) a statement concerning the existence of legal guarantees concerning the conformity of the products;
m) where applicable, the existence and terms of assistance after sale services given to consumers after the sale (including the address at which you provide and who bear the costs of transport, if they are applicable) and commercial guarantees;
n) existence of relevant codes of conduct, as are defined by Act No.. 105-XV of 13 March 2003 on the protection of consumers, and how you can obtain copies thereof, if applicable;
a) where applicable, the duration of the contract or, if the contract is concluded for an indefinite duration times to be renewed automatically, the conditions for termination of the contract;
p) where appropriate, the minimum duration of validity of the obligations incumbent on the consumer under the contract;
q) where applicable, the existence and the conditions attached to the advances (securities, including blocking of sums on the consumer's credit card account) or other financial security to be paid or provided by the consumer at the request of the trader;
r) where appropriate, functionality, including technical measures of protection for digital content;
s) where appropriate, any relevant digital content interoperability with hardware and software information about the dealer or can reasonably assume that it holds the information;
t) where applicable, the possibility and resorting to extra-judicial procedure a deposit and settlement of claims, which shall be subject to the merchant.
(2) the provisions of paragraphs 1 and 2. (1) shall also apply to contracts for the supply of the service of public water supply and sewerage systems, contracts for the supply of natural gas, contracts for the supply of electricity when they are put on sale in a limited volume or in a predetermined amount, contracts for the supply of heat or contracts for the supply of digital content that are not supplied on a material medium.
(3) In the case of an open tender, the information referred to in paragraph 1. (1) (a). b), c) and (d)) can be replaced with equivalent data of licitantului.
(4) the information referred to in paragraph 1. (1) (a). h)) and (j)) may be provided using the instructions for exercising the right of revocation of contract set out in the annex. 2. The dealer shall comply with the requirements of the reporting requirements set out in paragraph 1. (1) (a). h)) and j) if the consumer has provided these instructions correctly completed.
(5) the information referred to in paragraph 1. (1) forming an integral part of the contract or remote from the contract negotiated away from business premises, and may not be altered in the event that the Contracting Parties have expressly agreed otherwise.
(6) where the seller does not fulfil the requirements for reporting additional taxes or other costs, as referred to in paragraph 1. (1) (a). e), or with respect to the costs of returning the products as referred to in paragraph 1. (1) (a). I do not support), said the consumer fees or costs.
(7) the information shall be presented in the official language, excluding the right of the trader to show, in addition to other languages. At the request of the consumer, the operator may submit information in a language other than the national language (8) If a provision relating to the content and the manner in which the information, provided by law No. 284-XV of 22 July 2004 on electronic commerce, violates a provision of this Act, the provisions of this law.      
(9) the burden of proof in respect of compliance with the requirements in respect of information set out in this chapter, it is for the trader.
In article 6. Formal requirements for contracts negotiated away from business premises (1) In the case of contracts negotiated outside commercial, Merchant shall forward the information referred to in article 1. 5 para. (1) the consumer on paper or, if the consumer agrees, on another durable medium. This information shall be legibly written in a clear and comprehensible language.
(2) the operator shall forward a copy of the consumer's original contract signed or confirmation of the contract on paper of the time, if the consumer agrees, on another durable medium, including, where appropriate, to confirm the consumer's express consent in accordance with art. 15 para. (1) (a). m). (3) where a consumer as the provision of services or the provision of the public service of water supply and drainage, gas supply or supply of electricity, when they are not put up for sale in a limited volume or in a predetermined amount, or provide heat to commence during the period of revocation. 8 para. (2) dealer shall require the consumer to formulate such a request express in a durable medium.
(4) in respect of contracts negotiated away from business premises, consumer has specifically requested the trader's services to perform repair or maintenance, and the merchant and the consumer fulfil their obligations immediately, the amount to be paid by the consumer to not exceeding the equivalent in lei of 200 euros at the exchange rate of National Bank of Moldova on the day in question : to provide consumer information) the trader referred to in art. 5 para. (1) (a). b) and (c)) and information about the price or the manner of calculating the price, together with an estimate of the total fare, on paper or, if the consumer agrees, on another durable medium; the trader shall provide the information referred to in article 1. 5 para. (1) (a). a), h) and (k)), but can choose not to provide them on paper or on another durable medium if the consumer gives its express consent;
confirmation of the contract, b) transmitted in accordance with paragraph 1. (2) of this article shall contain the information referred to in article 1. 5 para. (1) Article 7. Formal requirements for distance contracts (1) in the case of distance contracts, operator shall transmit the information referred to in article 1. 5 para. (1) or make available to the consumer the information properly with the means of distance communication used, using a clear and comprehensible language. To the extent that that information is presented in a durable medium, it will be legible.
(2) If a distance contract to be concluded by electronic means to oblige the consumer to pay sums, notify the trader to the consumer a clear and very visible immediately before make an order, the information referred to in article 1. 5 para. (1) (a). a), s)), and p). In the case of contracts concluded through web pages, that information shall be displayed in close proximity to the confirmation required for carrying out the order.
(3) the operator shall ensure that the consumer has the ability to determine the time that assumes the obligation to pay the merchant. To this end, i shall draw the attention of the consumer, specifically through a forms devoid of ambiguity, that the making of the order shall entail the obligation to pay the merchant.
(4) Whether to make the order it is necessary to activate a button or a similar function or similar function button shall be labelled in a way readable only with the words "order with the payment obligation" or "buy now" or "Payable now", or "Confirm purchase", or an appropriate, unambiguous wording indicating that the order involves the obligation to carry out a payment to the merchant. If the provisions of this paragraph, the consumer has no obligation under the contract or order.

(5) web pages through which it carries out electronic commerce will indicate clearly and legibly at later at the beginning of the process of formulation of the order if you apply any restriction in terms of delivery and means of payment are accepted.
(6) where the contract is concluded through a means of distance communication that allows a space or a limited time to display information, the trader shall provide the consumer, by means of the communication in question, before the contract is concluded, at least the information referred to in article 1. 5 para. (1) (a). a), b), (e)), h)). The other information referred to in article 1. 5 para. (1) are made available to consumers by the dealer in an appropriate manner, in accordance with paragraph 1. (1) of this article.
(7) without prejudice to paragraphs 1 and 2. (6) where the consumer call them with a view to the conclusion of a distance contract, the trader shall submit their identity at the beginning of the conversation with the consumer, if necessary, submit to the identity of the person on whose behalf the call specifies the commercial purpose of the call.
(8) where it is intended to be a contract concluded remotely via a phone call initiated by the dealer, the dealer must confirm bid submitted to the consumer, whose commitment begins just after signing the tender or sent in writing to consimțămîntul. These receipts must be made on a durable medium.
(9) The consumer contract confirmation forward, on a durable medium, within a reasonable period from the time of conclusion of the contract and at the latest at the time of delivery of the goods or rendering of the service before the beginning of the requested. The respective confirmation includes: a) the information referred to in article. 5 para. (1) unless the dealer has already conveyed this information to the consumer, in a durable medium, before the contract is concluded at a distance; and b) where applicable, confirmation, consent, of the consumer with respect to a bid and confirmation according to art. 15 para. (1) (a). m). (10) where a consumer as the provision of services or the provision of the public service of water supply and sewerage systems, or providing natural gas or electricity, then when they are put on sale in a limited volume or in a predetermined amount, or provide heat to commence during the period of revocation. 8 para. (2) dealer shall require the consumer to make an express request to that effect.
(11) this article shall not prejudice the provisions relating to contracts and placement of purchase orders by electronic means, as determined by law. 284-XV of 22 July 2004 on electronic commerce.
(12) under a contract for the provision of subscription digital content which is not delivered on a material medium, each individual digital content delivery carried out at the expense of the subscription shall not be considered a contract within the meaning of this law.
(13) when digital content includes additional options to purchase, the Merchant shall inform the consumer, before buying digital content, that such additional purchase options may be offered, including methods of payment for such additional shopping. In such cases, the operator shall, in accordance with article 5. 21, consimțămîntul on the part of the consumer explicitly informed of any payment additional to that which previously were understandable, the contractual obligation to remunerate the main dealer. Predefined settings for payment must not allow additional purchases without explicit consimțămîntul on the part of the consumer. If your system provides time periods in which to store the validity of authentication for the purposes of additional integrated shopping, dealer does not automatically apply predefined settings, but also explicitly calls consimțămîntul on the part of the consumer concerning the applicable time period.
Article 8. The right of revocation (1) except as provided in article 13. 15, the consumer benefits from a period of 14 calendar days to cancel a distance contract or a contract negotiated outside commercial premises without having to justify its decision to cancel without incurring costs other than those referred to in article 1. 12(3). (3) and article 3. 13. (2) Without prejudice to article. 9 cancellation period referred to in paragraph 1. (1) of this article shall expire within a period of 14 calendar days: (a)) in the case of services, from the day following the date of conclusion of the contract;
b) in the case of sale-purchase, of the day on which the consumer or a third party, other than the carrier and indicated by the consumer, is in physical products or gain control over products according to art. 19 para. (1), or-if the consumer command through a single control multiple products that will be delivered separately from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, is in the last product;
-If delivery of a product which consists of several lots or pieces, from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, is in the latest batch, or the last pieces;
-in the case of contracts to supply products on a regular basis for a specified period of time, from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, is in the first physical product;
c) in the case of contracts for the supply of the service of public water supply and sewerage of contracts for the supply of natural gas and contracts for the supply of electricity, when they do not provide for sale in a limited volume or in a predetermined amount, of contracts for the supply of heat or the supply of digital content that are not supplied on a material medium from the date of conclusion of the contract.
(3) In the case of contracts of sale and purchase, the consumer may exercise the right of revocation before gaining possession of physical products.
(4) this Act does not prevent the Contracting Parties to fulfil their contractual obligations during the period of revocation.
(5) where a consumer enters into a contract or a contract negotiated outside commercial premises for multiple products, he shall be entitled to cancel the contract only in part to all the products which are the subject of the latter, unless the parties agree otherwise. 
Article 9. The omission of information on the right of revocation (1) where the trader has not sent information on the consumer's right of revocation according to art. 5 para. (1) (a). (h)), the period of revocation shall expire 12 months after the end of the initial period for revocation laid down in accordance with article 5. 8 para. 2. (2) where the trader has communicated to the consumer the information specified in paragraph 2. (1) of this article within a period of 12 months from the date referred to in article 1. 8 para. (2) the period for revocation shall expire within 14 calendar days from the date on which the consumer receives the information.
Article 10. Exercising the right of revocation (1) before the expiry of the period of revocation, the consumer shall inform the trader about his decision to cancel the contract. To this end, the consumer has the option to: (a)) use the cancellation form provided in the annex. 1;
b) to make any other statement to unequivocally express its decision to cancel the contract.
(2) the consumer exercises his right of revocation within the period for revocation referred to in art. 8 para. (2) and article 3. 9 where the communication with regard to the exercise of the right of revocation is sent by the consumer before the expiry of that period.
(3) Dealer shall be entitled, in addition to possibilities referred to in paragraphs 1 and 2. (1) to give the consumer the option to complete and transmit, in electronic format, on the website of the merchant, whether the form of revocation as provided for in the annex. 1 or other unequivocal statement provided by the merchant. In such cases, the operator shall notify the consumer without delay, on a durable medium, the acknowledgement of receipt of the cancellation form. Where in the statement made available on the website of the Merchant shall be required and additional information from the consumer, further questions will be presented in isolation, it is possible to transmit the Declaration and without providing answers to such questions.
(4) the burden of proof concerning the exercise of the right of revocation in accordance with the provisions of this article shall be the responsibility of the consumer.

(5) the Declaration by which the consumer expresses the decision revoking the contract may refer explicitly to the decision to cancel or to other similar words clear as long as the consumer and the contract in question are identifiable. Simple product refund or refusal to receive delivery of the product, or neridicarea from the post office without an unequivocal statement in this regard, it is not considered a valid exercise of the right of revocation.
Article 11. The effects of exercising the right of revocation revocation extinguishes the obligations of the Contracting Parties: a) to execute the contract or the contract negotiated outside commercial space; or b) to conclude a distance contract or negotiated outside commercial space, where the consumer has made an offer.
Article 12. Obligations incumbent on the merchant in case of revocation (1) the Merchant shall reimburse all the amounts you received as payment on the part of the consumer, including, where appropriate, those covering the costs of delivery of the products to the consumer, without undue delay, and in any event not later than 14 calendar days after the date on which it is informed of the decision to cancel the contract in accordance with art. 10. (2) the Merchant shall reimburse the amounts referred to in paragraph 1. (1) in the same currency in which it has received from the consumer, using the same methods of payment as those used for the original transaction by the consumer, unless the consumer has consented to another method of payment, and provided they do not fall to the customer payment of fees as a result of the reimbursement. Repayment obligation does not apply to bank fees paid by the consumer for the payment of the sums in question to the merchant, and the losses incurred by the consumer in connection with the conversion of the currency of the amounts received, where the consumer's bank account is in a currency other than that in which he has conducted the initial payment and reimbursement.
(3) without prejudice to paragraphs 1 and 2. (1) and (2), the operator is not obliged to reimburse the additional costs if the consumer explicitly chose another type of delivery than the standard delivery by the supplier.
(4) except in the case where the dealer offered to recover the products itself, in the case of contracts of sale and purchase, the merchant can postpone repayment until the date of receipt of the products covered by the sale or until receipt of proof on the part of the consumer that he sent to the merchant's products, taking into account the earliest date.
Article 13. The obligations of the consumer in the event of cancellation of the contract (1) except in the case where the dealer offered to recover itself, the consumer shall send back products products dealer organizations or to a person authorised by the trader to receive products without undue delay and within a period of not more than 14 calendar days after the date on which it has communicated its decision to the dealer for the revocation of the contract in accordance with art. 10. the term is observed if the products are sent back to the consumer before the expiry of 14 calendar days.
(2) the consumer shall bear only the direct costs of returning the products unless the Merchant agrees to bear the costs or the dealer informed consumer about his obligation to bear such costs. The direct costs of returning the products do not include administrative costs, storage, handling, or chargeable to the merchant in connection with returning the goods.
(3) In the case of contracts negotiated outside commercial premises, according to which the products are delivered to the consumer's domicile at the time of conclusion of the contract, the dealer picks up the products at its expense if they, by their very nature, cannot be returned by mail normally.
(4) the consumer is responsible only in respect of the diminution in the value of the products resulting from the manipulation of them, other than that required for the determination of the nature, characteristics and mode of operation. In order to determine the nature, characteristics and mode of operation of the product, the consumer is forced to mînuiască it and inspect it carefully, in the same way that i would allow you to do it in a commercial space. Determining the mode of operation of the product requires that the product is free of any material defects. Damage to the Pack by simply opening it serves a basis for compensation if similar products are presented in the usual way without packaging in the commercial premises of the trader.
(5) the operator shall be entitled to reduce the amount refunded to the consumer, in accordance with art. 12(3). (1) and (2) to cover the diminishing value of the product resulting from improper handling of it during the exercise of the right of revocation, other than that required for the determination of the nature, characteristics and operation of the product. In any event, the consumer is not responsible for any reduction in the value of the product where the trader has failed to inform him about the right of revocation in accordance with art. 5 para. (1) (a). h) (6) when the consumer exercises his right of revocation transmission application in accordance with article after. 6 paragraph 1. (3) or article 21. 7 para. (10) the consumer pays merchant an amount proportional to what has been provided until the consumer informed on the dealer in respect of the exercise of the right of revocation in relation to total benefits provided for in the contract. Proportional amount payable by the consumer trader is calculated based on the total price agreed in the contract. If the consumer demonstrates that total amount is excessive, the proportional amount is calculated on the basis of the market value of what has been provided. The market value shall be determined by comparison with equivalent service price, provided by other operators, from the moment of conclusion of the contract.
(7) In the case of contracts having as their object both products and services, the rules laid down by this law with regard to the return of products applicable to aspects of products, and compensation arrangements for services apply to aspects of services.
(8) the consumer shall bear the costs for: 1) of the public service of water supply and sewerage, the provision of natural gas or electricity supply when they are put on sale in a limited volume or in a predetermined amount, or for supplying thermal energy, in whole or in part, during the period of revocation, if: (a) the trader did not) has provided the information pursuant to art. 5 para. (1) (a). h) or (j)); or (b)) the consumer has not expressly asked that begin during the period of revocation in accordance with art. 6 paragraph 1. (3) and article 7 para. (10);
2) providing, in whole or in part, of the contents of digital which is not delivered on a material medium if the consumer does not: (a)) and has given prior express agreement regarding the commencement of execution before the end of the period of 14 calendar days referred to in art. 8; or b) confirmed that the consumer does not lose the right to cancel in time that gives consent;
c) dealer did not provide confirmation in accordance with art. 6 paragraph 1. (2) or article. 7 para. 9. (9) except as provided in article 13. 12(3). (1) and (2), and in this article, the exercise of the right of revocation does not involve the responsibility of the consumer.
Article 14. The effects of exercising the right of revocation on contracts related to (1) Without prejudice to article. 19 of law No. 202 of 12 July 2013 concerning credit agreements to consumers, if the consumer exercises his right of revocation within a distance contract or an agreement negotiated outside commercial space in accordance with art. 8-13 of this law, any related contract shall be terminated automatically, without cost to the consumer, except in the cases referred to in article 1. 12(3). (3) and in article 8. 13 of this law.
(2) where the consumer shall inform the trader about his decision to cancel a distance contract or an agreement negotiated outside commercial space in accordance with art. 8-13, the dealer is obliged to inform in this sense, in a reasonable time, merchants with which the consumer has entered into contracts linked to in relation to the contract canceled.
Article 15. Exemptions over revocation (1) Is exempt from the right of revocation as provided for in article 10. 8-14 in relation to distance contracts and contracts negotiated outside commercial premises the following types of contracts: contracts of service), after running full services, if execution has begun with the consumer's express consent and after it has confirmed that he is aware of the fact that he will lose the right to cancel once performance of the complete performance of the contract by the dealer;

b) supply contracts for goods or services whose cost is dependent on fluctuations in the financial markets, on which the trader cannot control and which may take place during the period of revocation;
c) supply contracts for products made after the specifications presented by the consumer or are clearly personalised;
d) supply contracts for products which are liable to deteriorate or expire rapidly;
e) supply contracts sealed products that can not be returned for reasons of protection of health or hygiene reasons and which were unsealed by the consumer;
f) supply contracts for products that are, after delivery, according to their nature, inseparably mixed with other items;
g) supply contracts of alcoholic whose price has been agreed at the time of conclusion of the contract of sale-purchase, whose delivery cannot be effected before 30 calendar days and whose value depends on the fluctuations of the market on which the trader does not control;
h) contracts for which the consumer is asked explicitly trader to move its domicile to carry out urgent repair works or maintenance. If, on the occasion of such visits, the trader provides services other than those specifically requested by the consumer, or supplies other products than the spare parts necessary for the performance of maintenance or repair, the right of revocation shall apply to such additional services or products;
I) supply contracts of sealed audio or video recordings or computer software which were unsealed sealed after delivery;
j) supply contracts of newspapers, magazines and other periodical publications, with the exception of subscription contracts for the provision of such publications;
k) contracts concluded under a broad multiple bid;
l) contracts for the provision of accommodation services, for purposes other than residential services, transport of goods, including rental units for transport of goods in a given day, rental of vehicles for the carriage of passengers, comprising not more than eight seats in addition to the driver, catering services or in connection with the approval , where the contract provides for a date or a period of execution thereof;
m) supply contracts for digital content is not delivered on a material medium, if provision has begun with the consumer's prior express consent and with his confirmation that the moment you give consent, he will lose the right to cancel.
(2) the exception provided for in paragraph 1. (1) (a). a) does not apply where the operator has not obtained the express consent of the consumer, however, deduced using the options included in the automatic mode or standard contractual terms and conditions, which the consumer must reject them in order to avoid the execution of the services prior to the expiration of the period of revocation.


Chapter IVALTE of the CONSUMERS RIGHTS Article 16. Conditions of application (1) the provisions of art. 17 and 19 shall apply to contracts of sale and purchase. These articles do not apply to contracts for the supply of the service of public water supply and sewerage systems, contracts for the supply of natural gas, contracts for the supply of electricity when they are put on sale in a limited volume or in a predetermined amount, no contracts for the supply of heat, including those for the provision of digital content that is not delivered on a material medium.
(2) the provisions of art. 18, 20 and 21 shall apply to contracts of sale and purchase and the service also contracts for the supply of the service of public water supply and sewerage systems, contracts for the supply of natural gas, contracts for the supply of electricity, heat or contracts for the supply of digital content.
Article 17. Delivery (1) unless otherwise agreed by the parties with respect to the time of delivery, the delivered products transferînd possession or control of the products to the consumer, without undue delay, and in any event within a maximum period of 30 calendar days of the conclusion of the contract.
(2) where the trader has not fulfilled its obligation to deliver the products at the time agreed with the consumer, or within the time limit laid down in paragraph 1. (1) the consumer shall request him or her to carry out the delivery within a further period of 15 calendar days, according to the circumstances. If the Merchant fails to deliver products within the time limit, the consumer has the right to solve it or, where appropriate, to cancel the contract.
(3) the provisions of paragraphs 1 and 2. (2) does not apply to contracts of sale and purchase in the event that the dealer refused, through a statement devoid of, say, to deliver the goods or where the delivery term agreed upon is essential having regard to all the circumstances accompanying the conclusion of the contract, or if the consumer shall inform the trader before conclusion of the contract that delivery on a specific date or at the latest at a time determined is essential. In these cases, if the Merchant fails to deliver the products at the time agreed with the consumer, or within the time limit laid down in paragraph 1. (1) the consumer shall have the right to solve it or, where appropriate, to cancel the contract immediately.
(4) The annulment or, where appropriate, the termination of the contract, the trader shall reimburse, without undue delay, and in any case within 7 calendar days of the termination of the contract rescinded, respectively, all sums paid under the relevant contract.
(5) in addition to or rescinded, the termination of the contract in accordance with paragraph 1. (2) the consumer may resort to other means to defend its rights provided by law.
Article 18. Charges for the use of means of payment (1) it is prohibited to operators to charge from consumers using commissions for certain means of payment in excess of the cost incurred by the operator for the use of that method of payment. The reductions granted to consumers for the use of certain means of payment are not considered as commissions for the use of all other means of payment available if they are based on the legitimate interest of the trader to encourage the use of certain means of payment which are more efficient for its commercial activity, but not the costs of use of some other means of payment.
(2) the provisions of paragraphs 1 and 2. (1) does not prohibit merchants to charge different prices for the same product or service when it is sold via different sales channels.
Article 19. The transfer of risk (1) in the case where the dealer submits the consumer products, the risk of loss or damage to the products shall be transferred to the consumer at the time in which he or a third party designated by it, other than the carrier, enters the physical possession of the goods or gain control of the products. It is considered that the consumer has physical possession of the goods at the moment in which he or a third party designated by it, other than the carrier, it has received. It is considered that the consumer has checks on products where it or a third party designated by it, other than the carrier, has access to the property for use as a landlord or you can resell.
(2) Nevertheless, the risk is transferred to the consumer at the time of delivery of the products to the carrier if the carrier was commissioned by the consumer to carry the products, and this option was not given by the operator, without prejudice to the consumer's rights against the carrier.
(3) in the case of return of goods in accordance with art. 13(2). (1) the risk of loss or damage to the products shall be transferred to the merchant at the time in which he or a third party designated by it, other than the carrier, enters the physical possession of the goods.
Article 20. Communication by telephone (1) where a trader operates a phone line in order to be contacted by phone about the contract, the consumer shall not be required to pay, contacting сomerciantului, more than the basic tariff for telephone service used for making the call in question. The dealer is not entitled to use for this purpose telephone numbers for services with special tariff (Premium rate numbers).
(2) the provisions of paragraphs 1 and 2. (1) without prejudice to the right of the providers of electronic communications services to charge for these calls.
Article 21. Additional payments (1) before a consumer to enter into a contract or to accept an offer, seller shall require the explicit consimțămîntul on the part of the consumer with respect to any payments additional to that which it was previously understood by which the contractual obligation to remunerate the main dealer.

(2) where the operator has not obtained explicit consumer side consimțămîntul but it has deduced, using options automatically included which the consumer must reject them in order to avoid the additional payment or acceptance of the General conditions, the consumer may claim reimbursement of this payment.


Chapter VMĂSURI IMPLEMENTING Article 22. Supervisory authority regarding compliance with legislation on consumer rights when concluding contracts and contracts negotiated outside commercial premises (1) the supervisory authority regarding compliance with legislation on consumer rights when concluding contracts and contracts negotiated outside commercial premises is Consumer Protection Agency.
(2) to stop the violations of this law, consumers or their legal representatives and associations of consumers, according to the law, a legitimate interest in protecting consumers may: (a) to initiate proceedings) against operators who have committed infringements of this law; or (b) refer the matter to the Agency for) protection of consumers to initiate legal proceedings against traders for violating this law.
(3) public authorities in charge with protection of consumers and traders are competitors may refer to the Agency for the protection of consumers in relation to the violation of this law, to enable it to initiate legal proceedings against traders for violating this law.
Article 23. Requirements for implementation of this law (1) except as otherwise provided by law, consumers may not waive the rights conferred on it by this law. Any contractual clause through which it waives or restrîng, either directly or indirectly, the rights provided for in this law is not binding on the consumer.
(2) the Consumer Protection Agency will take appropriate measures to inform consumers and traders with regard to the provisions of this law and, where appropriate, encourage traders and code of conduct, as they are defined in the law. 105-XV of 13 March 2003 on the protection of consumers, to inform consumers about their codes of conduct.
Article 24. Selling junk Consumer is exempt from the obligation to pay in cases of unsolicited supply of goods, water and sewerage services, natural gas, electricity, heat or digital content, or in the case of unsolicited services, provision prohibited by art. 13 of law No. 105-XV of 13 March 2003 on the protection of consumers, which lays down rules on combating unfair commercial practices of merchants when dealing with consumers. In such cases, the absence of a response from the consumer following such an unsolicited supply or is not a consimțămînt.
In article 25. Liability for violation of this law violation this law shall entail liability in accordance with civil law and the administrative one.


Chapter VIDISPOZIŢII FINAL and TRANSITORY article 26 All time limits contained in this law shall be interpreted in accordance with the provisions of the civil code of the Republic of Moldova.
Article 27 the present law enters into force after expiry of a period of 6 months from the date of publication.
Article 28 the Government, within a period of 6 months from the date of publication of the present law: a) will present to the Parliament proposals to bring the existing legislation into line with the present law;
b) will bring its normative acts in compliance with this law.