of February 26, 2016 No. 8
About the rights of consumers in case of the conclusion of agreements
The parliament adopts this organic law.
This law creates the legal base for application of provisions of the Directive 2011/83/EC of the European Parliament and Council of October 25, 2011 about the rights of consumers changing the Directive of Council 93/13/EEC and the Directive 1999/44/EU of the European parliament and Council and canceling the Directive of Council 85/577/EEC and the Directive 97/7/EU of the European Parliament and Council, published in the Official magazine of the European Union by L 304 of November 22, 2011.
This law is designed to provide the high level of consumer protection and proper functioning of the domestic market.
(1) This law is applied in accordance with the terms of its provisions and in the limits set by them to any agreement signed between the businessman and the consumer including agreements on provision of public service of water supply and the sewerage, agreements on supply of natural gas, agreements on electrical supply or agreements on delivery of heat energy, in that measure in what such services are provided on contractual basis.
(2) This law is not applied to the following agreement types:
a) about provision of social services, including services of social housing, care of children and the help to families and individuals for the purpose of overcoming difficult situations;
b) which subject are the services in health sector aimed at population requirements satisfaction in protection and recovery of health and realized using professional medical and pharmaceutical knowledge;
c) which subject are the gamblings implying material rates in games of good luck including lotteries, games in casino and transactions bets;
d) belonging to financial services;
e) about acquisition or assignment of rights on the real estate, except for agreements on services of the real estate agents and agreements connected with hiring of non-residential premises;
f) which subject is the construction of new buildings, considerable reorganization of the existing buildings or hiring of housing, except the extensions relating to construction to buildings, repair and updating of buildings;
g) about packets of tourist services;
h) about the timeshare, about long-term tourist products, about mediation upon purchase of tourist products and with participation in system of exchange;
i) which by law or at the request of the parties are certified by the public notary who by means of provision of exhaustive legal information shall make sure that the conclusion of the agreement comes only after in-depth examination by the consumer of legal aspects of the agreement and acquaintance with the legal sphere of its application;
j) which subject is delivery of food, drinks or other goods of daily consumption which the businessman in case of frequent or regular visits physically delivers on the house, to the residence or on place of employment of the consumer;
l) concluded by means of vending machines or the automated point-of-sale terminals;
m) the consumer of one-time connection imprisoned with service providers of electronic communications by means of paid public phones for the purpose of their use or imprisoned with the purpose of implementation by means of phone, the Internet or the fax.
(3) This law is not applied to the agreements signed out of service premises on which the amount which is payable the consumer does not exceed equivalent of 10 euros in Moldovan lei at the rate of National Bank of Moldova for the corresponding day. If the consumer at the same time signs two or more agreements on the accompanying objects, then for the purpose of application of the corresponding threshold their total cost is considered.
(4) This law does not mention regulations about reality, the conclusion or consequences of the agreements regulated by other legal acts in that measure in what these aspects are not regulated by this law.
(5) This law does not interfere with the businessman in the offer to the consumer of terms of the contract, more favorable for the last.
(6) This law is not applied to transfer by one consumer to another of the rights and obligations under the agreement signed with the businessman.
(7) In sense of this law agreements on provision of public service of water supply and the sewerage, agreements on supply of natural gas and agreements on electrical supply when those are not intended to sale in limited amount or in assigned amount, agreements on delivery of heat energy and agreements on digital content which is not delivered on the material carrier are not purchase and sale agreements or service provision agreements.
(8) This law is not applied to digital content which is not delivered on the material carrier, being delivered gratuitously by mailing of information on the Internet without specially signed agreement. The open entry to the web page or free loading from the web page is not the agreement in sense of this law.
(9) the Possibility of inclusion in the agreement of the provisions providing the conclusion of other subsequent agreements or provision of free probation period does not change essence of the agreement.
(1) for the purposes of this law of concept the businessman and the consumer are used in value of the Marine life protection act of the rights of consumers No. 105-XV of March 13, 2003, and concept electronic means – in value of the Law on electronic trading No. 284-XV of July 22, 2004.
(2) for the purposes of this law the following basic concepts are established:
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