If you are unsatisfied with the products purchased through www.autoboca.ro and want to give up the purchase and to get your money back, you can apply for the product return procedure within 14 days, according to the provisions of the Emergency Ordinance no.34 / 2014 on consumers’ rights in contracts with professionals and for the amendment and completion of certain legislative acts.
By distance contract we mean the contract for the supply of goods or services concluded between a trader and a consumer under a system organized by the trader who exclusively uses, before and after the conclusion of the contract, one or more means of distance communication.
The 14 day returns right is only provided for customers who have purchased products online through the website www.autoboca.ro.
The customer has the right to terminate the distance contract within 14 days without penalty and without invoking any reason.
The purchase waiver does not apply to legal entities.
The 14 day period provided for the exercise of this right shall begin:
a) the date of conclusion of the contract, in case of service contracts;
b) the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the products, in case of contracts of sale, or:
(i) if the customer orders by a single order multiple products to be delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last product;
(ii) in the case of delivery of a product consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of last product or piece;
(iii) in the case of contracts for regular delivery of products for a certain period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first product;;
c) in the case of contracts for the supply of water, gas, electricity, if they don’t provide the sale of a limited volume or set quantity of thermal energy or digital contents which are not supplied on tangible medium, the date of their conclusion.
Omission of information on the right of withdrawal
If the professionals don’t provided the consumers with information on their right of withdrawal in accordance with the provisions of GEO 34/2014, the withdrawal period shall expire 12 months after the end of the initial withdrawal period of 14 days.
If the professionals have provided the consumers with information on their right of withdrawal within 12 months from the date on which products / services are considered delivered, as mentioned in the section above, the withdrawal period shall expire 14 days after the date on which consumers receive that information.
Obligations of the professional in case of withdrawal
The professional refunds all amounts that he received as payment from the consumer, including, if appropriate, the costs of delivery, without undue delay and in any event no later than 14 days from the date on which he is informed about the consumer’s decision to withdraw from contract in accordance with the legal provisions.
The professional refunds the amounts mentioned above using the same payment methods as those used for the consumer’s initial transaction, unless the consumer has agreed with another method of payment and provided that the payment of all refund fees doesn’t lie on the consumer.
Notwithstanding the first paragraph of this section, the professional is not required to refund the supplementary costs, if the consumer has expressly chosen a type of delivery other than the standard delivery provided by the professional.
Unless the professional himself has offered to collect the products, in the case of the contracts of sale, the professional may defer the refund until the acceptance of the products having been sold or until the receipt of the evidence that the consumer sent the products back to the professional, taking into account the earliest date.
Obligations of the consumer in case of withdrawal
According to Ordinance no. 34/2014, the consumer bears only the direct cost of returning the products, unless the professional agrees to bear them or unless the professional has informed the consumer that these costs should be borne by the consumer. In the case of off-premises contracts, or if the products were delivered at the consumer's place at the time of conclusion of the contract, the professional takes over the products on his expense if the products, by their nature, cannot normally be returned by mail.
Exceptions to the right of withdrawal
The following are considered an exception from the right of withdrawal related to the distance and off-premises contracts:
- Service contracts after full provision of services if performance has begun with the consumer's prior express consent and after he confirmed that he is aware that he will lose his right of withdrawal after complete execution of the contract by the professional ;
- The supply of goods or services whose price depends on fluctuations on the financial market that the professional cannot control and that can occur during the withdrawal period;
- Supply of products made according to the consumer's specifications or clearly personalized;
- Supply of products that could be damaged or that could rapidly expire;
- Supply of sealed products that cannot be returned out of health or hygiene protection reasons and which have been unsealed by the consumer;
- Supply of products which are, after delivery, according to their nature, inseparably mixed with other items;
- Supply of alcoholic beverages whose price has been agreed by a contract of sale, whose delivery cannot be performed before 30 days and whose actual value depends on fluctuations in the market which cannot be controlled by the professional;
- Contracts where the consumer has specifically requested the professional to carry out urgent repairs or maintenance at his place. If, during such visits, the professional performs services in addition to those specifically requested by the consumer or supplies products other than spare parts necessarily for carrying out maintenance or repair operations, the right of withdrawal shall apply to those additional services or products ;
- Supply of sealed audio or video recordings or computer software which were unsealed after delivery;
- Supply of newspapers, periodicals and magazines, except from subscription contracts for the supply of such publications;
- Contracts concluded during a tender procedure;
- Provision of accommodation services other than for residential purpose, transport of goods, car rental services, catering or services for leisure activities if the contract provides for a specific date or period of performance;
- Supply of digital content which is not supplied on a tangible medium if the supply has begun with the consumer's prior express consent and after he has confirmed that he is aware that he will lose his right of withdrawal.
For any details or explanations regarding the product returns, please contact us by email or by phone, as indicated on our website www.autoboca.ro.