03.04.2024

In an increasingly digitalised world, both providers of electronic communications services and the users of such services often choose to conclude distance contracts for the provision of these services. ANCOM meets this trend with clear regulations to ensure a fair and transparent contractual relationship between users and providers of telephony, internet or television services. We recall that a distance contract is concluded without the simultaneous physical presence of the parties, using exclusively distance communication means (e.g. telephone, letter, e-mail, online applications, etc.), before as well as at the time of contract conclusion. End-user microenterprises, economic agents without legal personality, small enterprises or not-for-profit organisations shall enjoy the same rights as consumers, unless they have explicitly agreed to waive all or part of those rights.

Distance contracts are usually concluded by telephone or online (on the provider's website).

Distance contract concluded by telephone

During the telephone conversation aimed at concluding a distance contract, the provider has the obligation to provide a set of minimum information, among which: the identity of the provider, the characteristics of the services offered or of the package of services/services and terminal equipment, the total price of the services and associated equipment, the contract duration and termination conditions,  as well as the right of withdrawal from the contract. After the offer has been submitted by telephone, the provider must transmit to the user all information relating thereto on a durable medium (paper, e-mail, fax) or - should this not be feasible - to provide it on a durable medium, in a document which can be easily opened, viewed and downloaded. If the user agrees with the offer received, he/she must give his/her consent either by signing the offer in handwriting and subsequently returning it to the provider (where he/she receives it on paper) or by sending a confirmation to the provider, on a durable medium (e-mail, fax).

Warning!!! The user’s acceptance by telephone only of the offer initially presented by the provider does not imply the conclusion of a distance contract. The contract shall be deemed concluded on the date on which the offer has been signed or written consent has been given on a durable medium to the provider. Also, the contract takes effect only if the user has given his/her consent, on a durable medium, after receiving the summary sheet.

Distance contract concluded online/on website

In the case of online/electronic orders, before placing the order, the order page must contain a series of minimum information. The order button/function must also give a warning that there will be a payment obligation once the order has been completed. If there is no such warning, users have no obligation under that order or contract!

The order page in the online store must also offer the possibility of reviewing the order to allow the correction of possible errors.

The moment of the contract conclusion is the moment of the providers’ confirmation, on a durable medium, of the acceptance of the order sent by the user. Moreover, the provider must provide the user with the summary of the contract, at the latest before the start of the provision of services or at the time of delivery of the products, as the case may be.

Right of withdrawal from a distance contract

After concluding the distance contract, the user has the right to change his/her mind and withdraw from a distance contract, without giving a reason, within 14 days from the date of conclusion of the respective contract.

If the main purpose of the contract is the purchase of equipment (phone, tablet, PC, etc.), the term of 14 days is calculated from the date of receiving the product.

The provider must inform users of their right of withdrawal both when presenting the offer and at the conclusion of the contract, by providing the withdrawal form. Before the expiry of the withdrawal period, a user may exercise his/her right of withdrawal by filling in and transmitting to the provider the withdrawal form or any unequivocal statement declaring the clear intention to withdraw from the contract.

About what, how and where one can complain

ANCOM can take measures if the providers do not observe the users' rights regarding the conclusion of distance contracts through which electronic communications services are purchased. Complaints can be sent here.

In 2023, the Authority received 293 petitions from users regarding distance contracts, which revealed certain shortcomings in the process of concluding such contracts. In this respect, ANCOM carried out 29 control actions, following which fines amounting to RON 684,000 were imposed.

ANCOM InfoCenter

More information on distance contracts for the purchase of electronic communications services is available on ANCOM InfoCenter, telephony, internet or television.