Special returns and warranty policies

Withdrawal allows consumers to end certain distance contracts without alleging a defect. The statutory guarantee applies where goods, digital content or services lack conformity. A commercial guarantee is the guarantor’s voluntary undertaking.

If the policy uses one word — ‘return’ — for every situation, it may incorrectly restrict customer rights and create procedures impossible to administer.

Exceptions are prescribed by law and interpreted strictly. A commercial name or internal label is insufficient; the product and method of performance must actually satisfy the conditions.

• Goods made to the consumer’s specifications or clearly personalised.
• Goods liable to deteriorate or expire rapidly.
• Sealed goods unsuitable for return for health or hygiene reasons once unsealed.
• Sealed recordings or software once unsealed, subject to statutory conditions.
• Fully performed services with the required requests and confirmations.
• Digital content without a physical medium after performance begins and the special conditions are met.

For downloads, access to content and digital services, the process must obtain express consent to begin supply during the withdrawal period and acknowledgment of loss of the right where required by law. Evidence must be retained.

Even if withdrawal rights have validly been lost, the consumer retains remedies for failure to supply or lack of conformity under Government Emergency Ordinance No. 141/2021.

Government Emergency Ordinance No. 140/2021 establishes remedies for non-conforming goods, including goods with digital elements. A commercial guarantee certificate cannot reduce these rights and must contain the information required by law.

From 27 March 2026, Government Emergency Ordinance No. 18/2026 updated information obligations concerning the statutory guarantee, including reference to the minimum two-year duration and the harmonised notice mechanism under the new framework. Store materials must be revised accordingly.