ANCOM

After the provider’s presening of an offer for telephony, internet or television services and the user’s accepting it during a telephone conversation, the user still has two important steps to take before a contract for electronic communications services is deemed concluded. First, the user must receive the offer presented and agreed upon during the telephone conversation from the provider, on a durable medium (letter by mail, e-mail or fax, etc.), then – the most important aspect – he/she must sign the offer or to confirm his/her agreement in writing on a durable medium. This is the date starting from which the contract is deemed concluded. Moreover, the user has the right to withdraw from a distance contract within 14 days from the date of the written agreement or from the date of receiving the products, without specifying a reason therefor.

Distance contracts
A distance contract is a contract concluded between an electronic communications provider and a user, by means of a sales or service provision system that does not involve the simultaneous physical presence of the two parties, using exclusively distance communication means (e.g. telephone, letter, e-mail, online applications etc.).
Users’ rights
Where a distance contract is concluded after an offer has been presented during a telephone conversation, the users should know that:
  • the provider must send them the offer as agreed over the telephone and a set of basic details on the services they are to purchase, in writing, on a durable medium, before such contracts are deemed concluded;
  • a distance contract enters into force only after the users have expressed their written consent regarding the respective offer, on a durable medium;
  • a user has the right to withdraw from the contract, without specifying a reason, within 14 days from the date of giving his/her written consent or from the date of receiving the products.
Providers’ obligations
Prior to the conclusion of a distance contract, during the telephone conversation, electronic communications providers must make available to the users at least the following details regarding:
  • the main characteristics of the offered services/equipment;
  • the tariffs and how these are calculated, the included benefits, options and extra-options;
  • the minimum contract period;
  • the withdrawal right and the procedures for exercising this right;
  • the method of payment and of equipment delivery, as well as date by which the provider is to deliver the equipment.
If other distance communication means are used for the conclusion of a distance contract, the provider must communicate to the user the minimum pre-contract information in a manner adequate for the communication means. For these contracts, the distance contract is deemed concluded only upon the provider’s confirmation – on a durable support – that the user’s order has been accepted.
In order to help both the electronic communications service providers and their users, ANCOM and ANPC elaborated together guidelines explaining the national legislation concerning the conclusion of distance contracts, respectively concerning off-premises contracts.

Out of the 3,611 complaints ANCOM received from the users and settled last year, 9% concerned the conclusion of the distance contracts.
About what, how and where you can complain

If you are a residential user and you have concluded a distance contract, but your provider fails to observe your rights in concluding the contract, you can file a complaint either at ANCOM or at the National Authority for Consumer Protection.

If you are a business user and you have concluded a distance contract, but your provider fails to observe your rights in concluding the contract, you can file a complaint at ANCOM.