Legal Notice

 

Law no. 365/2002

since 07/06/2002

Republished in the Official Gazette, Part I no. 959 of 29/11/2006

regarding electronic commerce 

CHAPTER III - Contracts concluded by electronic means

Article 7

Validity, legal effects, and proof of contracts concluded by electronic means

(1) Contracts concluded by electronic means have all the effects that the law recognizes for contracts, provided the conditions required by law for their validity are met.

(2) For the validity of contracts concluded by electronic means, the prior consent of the parties to the use of electronic means is not required.

(3) The proof of the conclusion of contracts by electronic means and of the obligations arising from those contracts is subject to the provisions of the general rules of evidence and to the provisions Law no. 455/2001 regarding the electronic signature.

Article 8

Informing recipients

(1) The service provider is obliged to provide the recipient, before the recipient submits an offer to conclude a contract or accepts the service provider's firm offer to conclude a contract, at least the following information, which must be expressed clearly, unequivocally and in accessible language:

a) the technical steps that must be followed to conclude the contract;

b) if the contract, once concluded, is stored or not by the service provider and whether it is accessible or not;

c) mijloacele tehnice pe care furnizorul de servicii le pune la dispoziție destinatarului pentru identificarea și corectarea erorilor survenite cu ocazia introducerii datelor;

d) the language in which the contract may be concluded;

e) the codes of conduct to which the service provider subscribes, as well as information on how these codes can be consulted by electronic means;

f) orice alte condiții impuse prin dispozițiile legale în vigoare.

(2) The service provider is required to give the recipient the possibility to use an appropriate, effective and accessible technical procedure enabling the identification and correction of errors made when entering data, prior to the sending of the offer or its acceptance.

(3) The service provider may derogate from the provisions para. (1) and (2) numai în situația în care a convenit altfel cu destinatarul, cu condiția că niciuna dintre părți să nu aibă calitatea de consumator.

(4) The general terms and conditions of the proposed contract must be made available to the recipient in a manner that allows them to store and reproduce them.

(5) The provisions paras. (1)-(3) does not apply to contracts concluded exclusively by e-mail or by other equivalent means of individual communication.

Article 9

Conclusion of the contract by electronic means

(1) If the parties have not agreed otherwise, the contract is considered concluded at the moment when the acceptance of the offer to contract has come to the offeror's attention.

(2) The contract which, by its nature or at the request of the beneficiary, requires immediate performance of the characteristic obligation is considered concluded at the moment when its debtor has begun performance, except in the case where the offeror has requested that acceptance be communicated to them beforehand. In this latter case the provisions para. (1).

(3) In the event that the recipient sends by electronic means the offer to contract or the acceptance of the supplier's firm offer to contract, the service provider is obliged to confirm receipt of the offer or, as the case may be, of that acceptance, in one of the following ways:

a) trimiterea unei dovezi de primire prin poștă electronică sau printr-un alt mijloc de comunicare individuală echivalent, la adresa indicată de către destinatar, fără întârziere;

b) confirmation of receipt of the offer or of the acceptance of the offer, by means equivalent to those used to send the offer or the acceptance of the offer, as soon as the offer or acceptance has been received by the service provider, provided that this confirmation can be stored and reproduced by the recipient.

(4) The offer or acceptance of the offer, as well as the confirmation of receipt of the offer or of the acceptance of the offer, made in one of the ways provided for in para. (3), are considered received when the parties to whom they are addressed can access them.

(5) The provisions para. (3) does not apply to contracts concluded exclusively by e-mail or by other equivalent means of individual communication.

Article 10

Conditions for retaining or presenting information

(1) Where the law requires that the information be presented or retained in its original form, this requirement is fulfilled if the following conditions are cumulatively met:

a) There is a guarantee of the integrity of the information, ensured by compliance with national standards in the field, from the moment it was generated;

b) mesajul este semnat utilizându-se semnătura electronică calificată sau semnătura electronică avansată a emitentului;

(on 08-10-2024, Letter b) , Paragraph (1) , Article 10 , Chapter III was amended by Paragraph (4) , Article 36 , Chapter IX of LAW no. 214 of 5 July 2024, published in the OFFICIAL GAZETTE no. 647 of 8 July 2024 )

c) the information can be provided and presented immediately upon request.

(2) The merchant recipient acts at its own risk if it knew or ought to have known, in accordance with current commercial practices or as a result of using procedures expressly agreed with the originator, that the information contained in an electronic message had been altered during its transmission or processing.