Scope

GEO 140/2021 establishes the legal framework regarding the sale-purchase contracts concluded between the seller and the consumer, in particular the rules on the conformity of the goods, the corrective measures in case of non-compliance, the way in which the respective corrective measures may be implemented, as well as the commercial guarantees.

It also applies to digital content or digital services which are incorporated in or inter-connected with goods and are provided with the goods under the sale-purchase contract, irrespective of whether such digital content or digital service is supplied by the seller or by a third party.

Conformity requirements

The seller is under the obligation to deliver goods to the consumer that meet the subjective and objective requirements provided by OUG 140/2021.

For instance, in case of goods with digital elements, the seller shall ensure that the consumer is informed of and supplied with updates, including security updates, that are mandatory for the conformity of those goods.

Liability of the seller

Inter alia, OUG 140/2021 provides that:

• The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered, and which becomes apparent within two years of that time.
• In the case of goods with digital elements, where the sale-purchase contract provides for a continuous supply of the digital content or digital service over a period of time, the seller shall also be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent (a) within two years of the time when the goods with digital elements were delivered in case of goods with an average period of use of up to five years, or (b) within five years from the respective date in case of goods with an average period of use of over five years.
• If the contract provides for a continuous supply of more than five years, the seller shall be liable for any lack of conformity of the digital content or digital service that occurs or is observed during the period when the digital content or digital service must be delivered according to the sale-purchase contract.

Sanctions