Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of March 13, 2003 No. 105-XV

About consumer protection

(as amended on 26-07-2018)

This law establishes the legal basis of protection by the state of persons acting as consumers and realizes the Directive 2005/29/EC of the European Parliament and Council of May 11, 2005 about unfair commercial practicians of the companies in the domestic market in relation to consumers and change of the Directive 84/450/EES of Council and directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and Council, and also Regulations (EC) No. 2006/2004 of the European Parliament and Council published in the Official magazine of the European Union (JO), No. L 149/22 of June 11, 2005 and the Directive 1999/44/EU of the European Parliament and Council of May 25, 1999 about some aspects of sale of consumer products and the provided guarantees published in the Official magazine of the European Union by L 171 of July 7, 1999.

The parliament adopts this organic law.

Chapter I General provisions

Article 1. The used concepts

For the purpose of application of this law the concepts determined in the Law on informing consumers concerning foodstuff No. 279/2017, the Law on activities for accreditation and assessment of conformity No. 235/2011 are used and the following basic concepts are in addition applied:

the consumer - any physical person having the intention to order or acquire or ordering acquiring or using products, services for the needs which are not connected with business or professional activity;

business entity - any legal entity or physical person having permission to business activity who make transport, implement products or their components, render services (perform works);

producer:

- business entity who makes end product, its component or raw materials;

- business entity who puts on product the name, trade or other distinctive mark;

- business entity who recovers product;

- business entity who changes product characteristics;

- the representative of business entity registered in the Republic of Moldova with the location outside the Republic of Moldova;

- business entity who imports products;

- the distributor or the seller of import product in case the importer is unknown;

- the distributor or the seller of product in case it is impossible to establish the importer if he in 30-day time after filing of application did not report to injured person about establishment of the importer;

the seller - any legal entity or physical person having permission to business activity who perform business activity in relation to consumers;

the contractor - any legal entity or physical person having permission to business activity who render services;

product - the value intended for individual consumption or use; also electrical and heat energy, gas, water delivered for individual consumption are considered as products. Within commercial the practician product is any value or service, including the real estate connected with product of the right and obligation;

service - activities, other, than that of which the product is result, performed for the purpose of requirements satisfaction of consumers;

work - set of actions as a result of which the product turns out or its characteristics change;

safe product, service - product, service which do not pose hazard to life, health, heredity and property of consumers or the environment;

dangerous product, service - product, service which cannot be determined as safe;

product of long-term use - technically the difficult product consisting of details and parts, designed and designed for use in the period of service life which can be subjected to repair or activities for maintenance;

service life - the period of time established by the producer (business entity who makes product) during which products of long-term use shall keep functional characteristics on condition of observance of rules of transportation, manipulation, storage and use;

term validity/date of the minimum expiration date - the period time/date, established by the producer (the business entity making product), for nonfood product, besides, for which fixed term of service during which, which the product shall keep initial specific characteristics on condition of observance of rules of transportation, manipulation, storage and use;

warranty period - the period of time established by this law or declared which is estimated from the date of delivery of product service and during which the seller, the supplier or the producer shall before the consumer, without collection of additional fare, compensate the paid cost, replace, repair or contain the acquired product, the provided service or to service them, anyway, if they do not correspond to the conditions stated in guarantee or in the corresponding promotional materials;

quality - set of product characteristics, the services relating to their capability to satisfy the expressed or estimated requirements according to appointment;

the declaration of conformity - the written confirmation based on the decision made after assessment by means of which the producer or his authorized representative with sufficient degree of confidence certifies that products conform to the established requirements;

illegal condition - the term of the contract which, being individually not approved with the consumer, creates contrary to requirements of common sense in itself or together with other requirements of the agreement to the detriment of the consumer essential imbalance between the rights and obligations of the Parties following from the agreement;

provision in the market – delivery to the market of products for distribution, consumption or use in the course of business activity for a fee or free of charge;

counterfeited (counterfeit) product - the product made of other components in other proportions or in other conditions, than those which are established in specifications, represented as authentic;

inappropriate product, service - product, service which do not correspond to the requirements established in regulations or declared;

the shortcoming - defect of product, service which does them not corresponding to the requirements established in regulations or declared and which is shown and can be determined only during the using and/or storage of these goods, service;

the latent defect - high-quality defect of product, service which, though existed at the time of delivery of product, rendering service was not known to the consumer and could not be found by it by regular methods of check;

damage - the material and/or moral harm done to the consumer as a result of destruction, damage or reduction of its property and also the harm done to his life, health and heredity as a result of the use and/or use of inappropriate products, services or owing to refusal or unreasonable tightening of the conclusion of the service provision agreement;

economic interest - set of the demands made by the consumer to the seller, the contractor for free remedial action, free replacement or return of cost inappropriate product, service and to compensation of the caused damage, and also other requirements connected with material consumer interest;

collective consumer interests - interests of certain number of consumers which suffered or are subject to damage as a result of violation;

activities for supervision of the markets - actions of the competent authority responsible for determination of whether cross-border violations took place in its territory;

competent authority - any appointed body of the public power having certain powers for ensuring compliance with the regulations protecting consumer interests;

the requesting body - competent authority which makes request about rendering mutual aid;

required body - the competent authority which received request about mutual aid;

single bureau of communication - the national authority of the public power responsible for coordination of cooperation concerning cross-border violations in the field of consumer protection;

cross-border violation - any action or other omission contradicting the regulations protecting consumer interests which puts/can cause damage to collective consumer interests in one or several EU member states and the Republic of Moldova except in what the considered action or omission happens or took place or in the territory of which the responsible businessman / supplier or where the proofs/assets connected with this action or omission are found is established;

public association of consumers - public association which single purpose is protection of the rights and legitimate interests of consumers without extraction of benefit for the members;

the code of behavior - the agreement or set of rules, not stipulated by the legislation or administrative orders to observe the businessmen determining behavior promising them in connection with one or several commercial practicians or in one or several sectors of activities;

the commercial decision - any decision on feasibility, method and conditions of acquisition of product, complete or partial form of its payment, preserving product or refusal of it or on accomplishment of contract law made by the consumer concerning product which can lead the consumer to action or abstention from it;

essential misstatement of economic approach of consumers - use of the commercial practice significantly influencing capability of consumers to make the conscious decision on case and predetermining thus adoption of the commercial decision which otherwise would be not made;

professional skill - the level of specialized competence and judiciousness which the businessman can reasonably use in relation to consumers according to fair commercial practice and/or with the general principle of common sense in the field of the activities;

the distributor - business entity of distribyyutorny chain, other, than the producer or the importer who provides products in the market also provides transfer of the property right to it from the producer to the consumer;

the consumer invitation - the commercial message by means of which characteristics and the price of product according to the procedure, corresponding to the means of commercial communications used for this purpose and which induces the consumer to purchase of this product are specified;

unreasonable impact - use of line item of force in relation to the consumer in the form of rendering pressure upon it, even without using physical force or threat of its application, according to the procedure, significantly limiting capability of the consumer to make the conscious decision;

commercial practicians (practicians of businessmen in relations with consumers) - any action, omission, behavior, the statement or the commercial message, including the advertizing and sale performed by the businessman in close connection with promotion, sale or delivery of goods to consumers;

responsible for the code of behavior - any face, including the businessman or group of businessmen responsible for creation and review of the code of behavior and/or supervision of its observance by those who undertook to observe that;

the contractor - any physical person or legal entity having permission to business activity which performs works in relations with consumers;

the businessman - any physical person or legal entity which in commercial practicians, being subject of this law, is effective within the business, industrial, productive or handicraft activity, and also any person who acts for commercial purposes on behalf or for benefit of any businessman;

the declared requirements – any public statements concerning the main product characteristics made by the seller, the producer or his authorized representative, in particular, by means of advertizing or labeling;

legal guarantee of compliance - the legal protection of the consumer according to the law on discrepancy of product to requirements which is the obligation in law of the seller or producer before the consumer without any additional costs, on reduction of product in compliance, including return of the price paid by the consumer, replacement, repair or content of product;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.