Ensuring a Compliant Black Friday Campaign in Romania: Legal Framework

On the occasion of Black Friday, Accace Romania highlights the significance of adhering to the legal framework governing discount sales, stressing that the legislation regulating product and service sales in the Romanian market is crucial for safeguarding consumer rights and the interests of business operators.

In Romania, the sale of products and services falls under the purview of several normative acts, and it is vital for both retailers and consumers to be well-informed about these regulations and adhere to them. This adherence fosters a fair and equitable business environment that benefits all parties involved.

Legislation Governing Product and Service Sales in Romania Romanian law grants consumers robust rights and protections, as stipulated by Ordinance 99/2000 on the sale of products and services in the market. Decision 947/2000 outlines how product prices should be displayed for sale. Ordinance 21/1992 on consumer protection sets forth consumer rights and advocates for a fair and equitable market. Order 182/2023 mandates that economic operators provide consumers with transparent and unambiguous information regarding product pricing, promoting transparency in commercial transactions. Additionally, Decision 700/2012 regulates the organization and operation of the National Authority for Consumer Protection, which plays a pivotal role in safeguarding consumer interests and ensuring compliance among all economic operators.

Delivering Accurate Information to Consumers

In accordance with Ordinance 21/1992, retailers must exclusively market products or services that meet specified characteristics or declarations, and consumers have the right to comprehensive and accurate information about these offerings. Consequently, information about products, services, and their pricing should be prominently displayed on the product, label, packaging, technical documentation, as well as in the contract or usage instructions.

Interpreting these legal provisions collectively underscores the obligation of all companies selling products or services to provide consumers with comprehensive and accurate information, enabling them to make informed choices. This entails ensuring that products and services align with quality promises, descriptions, technical specifications, and, notably, safety in use. It is imperative for consumers to be well-informed, enabling safe and responsible decision-making, particularly during Black Friday, when there is a strong inclination to make multiple discounted purchases.

Types of Discount Sales in Romania

The Romanian legal framework categorizes reduced-price sales into distinct classifications, including liquidation and promotional sales, sales within stores or factory warehouses, and sales of products catering to occasional consumer needs. The regulations also address sales of products unsold within three months of supply, expedited sales of products susceptible to rapid deterioration, as well as sales aligning with the pricing of other merchants in the same sector and sales of products whose restocking costs have decreased. These categories offer consumers various options for acquiring products at favorable prices while complying with legal requirements.

How Stock Liquidations Operate

Liquidation sales offer consumers the opportunity to purchase discounted products, particularly seasonal stock. These sales involve price reductions promoted as “liquidation” to expedite the sale of seasonal stock in retail stores, encompassing a wide array of products from clothing and footwear to cosmetics and more.

An essential aspect of liquidation sales is that they can occur twice a year, as determined by the retailer during specific periods: from January 15 to April 15 for autumn-winter products and from August 1 to October 31 for spring-summer products. These sales may last for a maximum of 45 days each, provided that products were paid to suppliers at least 30 days before the sale’s commencement. Additionally, supporting documentation must confirm that the product stock offered for sale was accumulated at least 15 days before the sale’s initiation and was paid for on time.

How Promotional Sales Operate by Time, Price, and Advertising

According to the law, promotional sales can transpire at any time throughout the year and relate to products available or renewed and services regularly sold or provided. Consequently, goods and services must be accessible for sale throughout the advertised promotional sale period, and the retailer must inform consumers that the offer is valid only while supplies last.

To ensure the transparency and fairness of these sales, retailers must provide a numerical comparison between the discounted price and the reference price, which is the lowest price charged at the same point of sale over the past 30 days. As a result, any advertisement featuring a price reduction, irrespective of its form, advertising method, or reason for the reduction, must be directed to all consumers and clearly depict the actual reduction in percentage terms, displaying the new price alongside the previous price.

AccaceBlack FridayconsumerConsumer Protectiolegal frameworkRomaniasales
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