29.01.2021

 

ANCOM: Users can conclude a telephone, internet or television contract away from the service provider’s premises, as well. In most cases, such distance contracts are initiated by a telephone call received from the provider. In the current health crisis context, presenting the terms and conditions and concluding new contracts through electronic communications means has become increasingly popular. That is why it is important for users to know the subsequent steps provided by the law and especially the fact that, after the initial telephone conversation, the provider must transmit all information about the offer on a durable medium (paper, e-mail, fax), as well. The contract is not deemed concluded unless the user has signed the offer and sent it to the provider, or he/she has sent his/her consent to the provider in writing, on a durable medium.

In 2020, the Authority received a series of complaints from users on concluding distance contracts, which revealed a number of issues regarding this process. Thus, ANCOM carried out 29 control actions, which resulted in fines amounting RON 480,000. The Authority will keep monitoring the procedure of concluding distance contracts and will take the necessary measures.  

Steps of concluding a distance contract initiated by a telephone call:

Step 1: During the telephone call, the provider must provide a minimum of initial information about the offer:

ü  the provider’s identity;

ü  the main characteristics of the services and products to be contracted;

ü  the total price of services and products: the value of the tariff plan, the benefits included and their validity; the add-ons to be activated and their value, the tariffs applied after the consumption of the included resources, the transport costs for receiving and - possibly - returning the product, if applicable;

ü  the conditions, terms and procedure for exercising the right of withdrawal, as well as information regarding the withdrawal form;

ü  the contract duration, termination conditions and early termination penalties, as applicable.

 

Step 2: After the offer presentation over the telephone, the provider must send the user all the information related to it on a durable medium (paper, e-mail, fax).

Step 3: If the user agrees with the offer received, he/she must express his/her consent either by physically signing the offer and returning it to the provider (the offer has been received on paper), or by a confirmation sent to the provider on a durable medium (e-mail, fax).

N.B.

Having accepted an initial offer presented by telephone does not imply that you have concluded a distance contract. Your contract is deemed concluded from the date when you have signed the offer or you have sent the written consent to the provider, on a durable medium.

The right to withdraw from a distance contract

Even after the conclusion of a distance contract, the user has the right to change his mind and withdraw from it, without specifying a reason, within 14 days from the date of conclusion of that contract.

If the main purpose of the contract is to purchase equipment (telephone, tablet, PC, etc.), the 14-day period is calculated from the date of receipt of the product.

Usually, services contracted by a distance contract will be provided after the expiry of the 14-day withdrawal period. If a user wants the service to be provided to him/her before the expiry of the 14-day withdrawal period, he/she must specifically request that. The provider must inform the user of this possibility, as well as of the specific request involved.

About what, how and where you can complain

ANCOM can step in where your provider fails to observe your rights in concluding a distance contract for electronic communications. Complaints may be sent here.   

ANCOM’s InfoCentre

Further details on distance contracts are available on ANCOM’s InfoCentre, here.