Consumer Rights Directive, Chapter 1, Article 2, (1) Consumer Rights Directive, Chapter 3, Article 6 Consumer Rights Directive, Chapter 3, Article 10 Consumer Rights Directive, Chapter 3, Article 13

ECLI:RO:TBSMU:2019:003

In order for a physical person to be deprived of their right of withdrawal from a distance contract, the professional has to bring convincing evidence that this person acted for economic or professional purposes.

A natural person bought a whirlpool bath and 4 months later he notified  the seller of his intention to return it. In the subsequent dispute, finding that the seller did not fulfill its obligation of information, the Court in first instance admitted the consumer’s claim, relying on the provisions of art. 6 and 10 of the GEO 34/2014; the seller contested that decision, alleging that the buyer was not entitled to benefit from the provisions of the GEO 34/2014, since the product was not intended for the buyer’s personal use meaning the buyer was not a consumer.

The Court brings the interpretation of the concept of “consumer”, and how it can be established that a natural person did not act as a consumer.

The facts that the buyer lives in a city which is a tourist resort and delayed the installation of the whirlpool bath until the end of the touristic season are mere assumptions that he did not act as a consumer and are simply not powerful enough. The seller did not corroborate them with other evidence to prove that the buyer acted for economic or professional purposes. Since all the written documents exchanged between the parties were drafted considering the quality of natural person of the buyer and the buyer was subject to the legal and fiscal regime of a natural person in relation with the contract concluded, aspect known by the seller, the buyer is entitled to benefit from the provisions of the GEO 34/2014.

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The Court rejected the appeal brought by the seller. The decision set the interpretation line as regards the concept of consumer, from art. 2.1 of the GEO 34/2014. It may be contested with a recourse.