LAW OF THE REPUBLIC OF MOLDOVA

of December 9, 2011 No. 256

About illegal conditions in the agreements signed with consumers

The parliament adopts this organic law.

This law creates necessary base for application of provisions of the Directive of the European Council No. 93/13/EEC of April 5, 1993 about unfair conditions in consumer agreements published in the Official magazine of the European Union (JOCE) No. L 95 of April 21, 1993.

Chapter I General provisions

Article 1. Purpose and tasks of this law

The purpose of this law is creation of the corresponding legal base for ensuring protection of economic consumer interests by prohibition and the prevention of use of illegal conditions in prisoners between businessmen and consumers agreements.

Article 2. Field of regulation

(1) This law determines the legal base of consumer protection from illegal contractual conditions. The law is applied to prisoners between the businessman and the consumer to agreements irrespective of their form (oral, written), and also to filling of forms of the orders or delivery notes, tickets, checks and other documents containing standard contractual conditions.

(2) do not fall Under operation of this law:

a) the contractual conditions reflecting the regulations provided by the laws or other regulations;

b) the employment contracts regulated by provisions of the Labor code;

c) agreements on inheritance right;

d) agreements on the rights regulated by provisions of the Family code;

e) acts (agreements) on creation of commercial societies;

f) agreements of civil society;

g) the contractual conditions shifted from international agreements which party is the Republic of Moldova.

Article 3. Basic concepts

For the purpose of this law the following basic concepts are used:

illegal condition - the term of the contract which, without being discussed individually with the consumer, in itself or together with other provisions of the agreement in defiance of the requirement of conscientiousness causes considerable discrepancy in the rights and obligations of the Parties following from the agreement to the detriment of the consumer;

the businessman - any physical person or legal entity (the seller or the supplier of goods, the contractor of services) irrespective of type of property and form of business which in the agreements regulated by this law is effective for the purpose of, connected with its business or professional activity;

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

the agreement of accession - the agreement in which conditions are in advance formulated by one of the parties and other party can only agree to the conclusion of the agreement with the offered terms or refuse the conclusion of the agreement.

Chapter II Specific regulations on illegal conditions and their assessment

Article 4. Specific regulations on the conclusion of agreements

(1) inclusion by businessmen of illegal conditions in the agreements signed with consumers Is forbidden. Any illegal condition brought in such agreements is nullified from the moment of the conclusion of the agreement.

(2) Any agreement signed between the businessman and the consumer shall contain accurate, unambiguous contractual conditions which understanding does not require special knowledge.

(3) in case of agreements in which all or part of terms offered to the consumer are this in writing these conditions shall be constituted by clear, clear language and to be readable. This requirement is applicable to the document in general, including interlinear footnotes or references to other documents or specifications, whatever sort they were.

(4) If there are doubts about value of condition, interpretation, optimum for the consumer, prevails.

(5) in case of the agreements containing standard conditions, the businessman shall provide at the customer's request free of charge to him copy of the offered agreement in writing - on paper or other firm carrier, acceptable for the consumer.

Article 5. Requirements about illegal conditions

(1) the Term of the contract which is not discussed individually with the consumer is illegal if in itself or together with other provisions of the agreement in defiance of the requirement of conscientiousness causes considerable discrepancy in the rights and obligations of the Parties following from the agreement to the detriment of the consumer.

(2) the Condition is always recognized not discussed individually when it was included by the businessman in advance and therefore the consumer had no opportunity to influence its content.

(3) The fact that certain elements of condition or certain condition were discussed individually does not exclude application of this Article to other part of the agreement if overall assessment of the agreement specifies that it nevertheless is the agreement of accession.

(4) In case the businessman claims that the standard condition was discussed individually, the burden of proof of it is assigned to it.

(5) conditions which aim or intention Are recognized illegal:

a) exception or restriction of legal responsibility of the businessman in case of death or injury of the consumer and/or damage of its material values as a result of action or failure to act of the businessman;

b) exception or restriction of the consumer's rights provided by the law in relation to the businessman or other party in case of complete or partial failure to carry out or inappropriate accomplishment by the businessman any of contractual commitments, including the choice of offset of debt to the businessman and any requirement which the consumer can have to it;

c) agreement signature, being provision of services by the businessman obliging for the consumer, on which depends on condition which realization depends only on own desire of the last;

d) permission to the businessman to hold the amounts paid by the consumer when the last makes the decision not to conclude or not to perform the agreement without provision to the consumer of compensation at least of the equivalent amount by the businessman if the consumer is the party canceling or, on circumstances, terminating the agreement;

e) the requirement from any consumer who cannot fulfill the obligation, pay the amount disproportionate to the damage caused by failure to carry out of contractual commitments as compensation;

f) provision to the businessman of the right to cancel or, on circumstances, to terminate the agreement at own discretion if the same chance is not given to the consumer, or permission to the businessman to hold the amounts paid for yet not delivered/rendered goods/service when the businessman terminates the agreement;

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