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ANCOM: The users’ rights when accepting providers’ offers by e-mail, telephone or online

03.04.2018

When a user purchases telephony, internet or television services via telephone, e-mail or by an online application, the provider must make available a set of minimum information items enabling the user to make a decision that is best suited to his/her consumption needs. A distance contract (including by telephone) is considered to be concluded only after the users have expressed their written consent (on a durable medium). The users have the right to withdraw from a distance contract within 14 days from its conclusion, without specifying a reason.

What is a distance contract?

A distance contract is a contract concluded between a 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 one or more means of distance communication (e.g. telephone, letter, e-mail, online applications etc.).

In the context of a competitive market and of the increasing diversity of commercial offers in the electronic communications sector, the possibility of concluding contracts by distance communication means offers the users the opportunity to benefit from advantageous offers, tailored to their own consumption needs, without having to personally go to the providers’ points of sale.

Users’ rights

Regardless of the means of distance communication used for the conclusion of distance contracts,

  • the users must receive, in an appropriate manner for the means of distance communication used, a set of information items on the services they are to purchase before such contracts produce binding effects for them;
  • such a contract enters into force only after the users have expressed their written consent on a durable medium (e-mail, letter, fax) if the services have been contracted by telephone, fax or e-mail, or after the provider has confirmed the order, if the services have been contracted online (through a website or an application);
  • the users have the right to withdraw from the contract, without any justification, within 14 days from the contract conclusion.

Specific information on the conclusion of distance contracts for each type of service - telephony, internet, television - is available in ANCOM’s InfoCentre.

Providers' obligation of informing the users

Prior to the contract conclusion, telecom operators are required to provide the users with information such as all the costs to be incurred alongside the contracted services (price, tariff and calculation method, benefits, options and add-ons included), the minimum contract period, transport costs for receiving the purchased equipment, where applicable, the term starting from which the user will benefit from the purchased services, the complaint settlement procedure, information on the right of withdrawal from the contract and the conditions under which the user may exercise this right.

Guidelines laid down by ANCOM and ANPC

Both ANCOM and the National Authority for Consumer Protection (ANPC) have attributions as regards verifying and sanctioning the way in which the legislation on the conclusion of distance contracts is implemented by electronic communications service providers in their relationship with the users.

Therefore, in order to support the providers of electronic communications services, as well as the users of these services, ANCOM and ANPC developed Guidelines for interpreting the national legislation on the conclusion of distance contracts, respectively of off-premises contracts.

About what, how and where you can complain

If you are a residential user who has concluded a distance contract and the provider does not observe your rights, you may complain to ANCOM or to The National Authority for Consumer Protection.

If you are a business user who has concluded a distance contract and the provider does not observe your rights, you may complain to ANCOM.

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