You have a problem and you do not know how to solve it? ECC Romania can help you with it, provided it is a case under the European consumer protection rules. Here you can find the steps you should follow when making a complaint:
The problem you claim must be ruled by the European consumer protection provisions, for example passenger’s rights, online shopping, buying goods and services, package travel, timeshare etc.
If you are unsure whether we can deal with your complaint, please contact us.
Your complaint regards a consumer protection problem? Then go to Step 2.
You must first contact the trader in order to allow him to come with a solution. Many cases are solved this way. The trader’s contact details can be found in the general terms and conditions, in the sale contract, on the invoice or on his website.
Send your complaint using a method that would ensure you have a confirmation of receipt. Make a copy of the complaint and keep it somewhere safe. Never send original documents – only copies. Allow the trader 30 days to answer.
You are not sure what your rights in a certain situation are? Verify the contents of our website and, if you are still unclear, contact us.
You need a translation of your complaint to the trader in English or French? Contact us.
You didn’t receive any answer from the trader or you are not happy with the answer you received? Go to Step 3.
The ECC can handle a complaint if some conditions are met, according ECC Romania’s Procedure:
- the problem falls within the consumer protection field, for example passenger’s rights, online shopping, buying goods and services etc.
- the complaint relates to buying a good or service from another EU Member State than your residence country, in other words you concluded a cross border contract;
- you contacted the trader and received no answer or you are not happy with the answer received.
You must know the Centers from the European Consumer Centers Network (ECC-Net), try finding an amicable solution by contacting the trader, as they do not have control competences or cannot impose fines. In the case of a cross border problem, usually two Centers work together, the Center from the consumer’s residence country and the Center from where the trader is based.
ECC Romania cannot handle complaint of consumers having residence in Romania against a trader based in Romania. For this you will have to contact the local authorities for consumers’ protection.
Similarly, if you live in another EU Member State than Romania and you have a complaint against a trader based in Romania, it is advisable to contact the ECC in your residence country. The ECC list can be found here.
You can complain to the ECC using the online form, available here, by letter or by e-mail.
Please when filling in dates: do not type the date but use the calendar provided in the form.
If the complaint is sent by letter or e-mail, please offer at least the following information:
- your contact details (name, postal and electronic address, phone);
- the trader’s contact details (name, the state where it’s based, postal and electronic address, phone, if it is the case);
- a short and exact description of what happened (when the purchase was made, in which way, how did you paid, how much you paid, what and when happened, when did you contacted the trader and the answer you received);
- the solution you hope to achieve / your request.
You should attach all documents related to your problem to the complaint:
- the copy of the complaint sent to the trader;
- the copy of the sale contract, reservation, order, electronic tickets etc.;
- the copy of the trader’s general terms and conditions if relevant for the case;
- copies of all correspondence you had with the trader;
- copies of invoices, receipt and other documents that would show the payment made (bank extras etc.).
Be sure to send only copies and to keep the originals.
You will be informed on the fact your complaint has been received in a period of maximum 2 working days from the moment it reaches ECC Romania.
In a period of maximum 10 working days from the moment of receival, you will be informed of the result of the preliminary evaluation of the complaint. The preliminary evaluation can lead to one of the following solutions: the case is accepted and handled, the case is rejected motivated or supplementary information/documents are requested.
If the case is accepted, you will be informed on the registration number, on your legal rights and also on the procedure.
If supplementary information/documents are requested, the case will only be handled after these are received, in a period of maximum 5 working days. If in a period of 15 calendar days from the first request, then in 7 days from the second request you do not send the requested information/documents, the case will be closed and will be opened only when the information/documents will be sent.
You must know the ECC does not handle cases with urgency. The complaints are handled in the order in which they are received. For this, if there are major interests at stake, it is advisable to take other legal actions (for example a court action).
ECC offers free assistance. In some cases it is possible that some costs exist. These are generally fees related to the transfer of the case to an ADR body (some of these bodies may ask for a small fee). You will be notified in such a case and asked for your consent.
When a consumer contacts the ECC for support, the ECC:
- checks if the case falls within the consumer protection field;
- ensures all relevant information/documents are given;
- encodes the case in an online data base where all Centers have access.
When the consumer ECC receives all information, the case is transferred to the ECC from the state where the trader is based. This is done in the order the cases are received and you will be informed on the progress.
After receiving the case, the competent trader ECC:
- confirms in a week if the case is accepted or not; a case can only be refused if the consumer’s rights have not been infringed, if the consumer’s complaint is ill founded etc.;
- contacts the trader to identify possible solutions;
- proposes a solution.
The European Consumer Centers try to solve the cases in a recommended period of 10 weeks that can be extended for solid reasons.
A favorable solution depends in a great measure of your rights and obligations in a certain situation, but also on the trader’s accept to participate in finding a solution. Many cases are solved favorably after the intervention of ECC.
Sending the case to the ECC-Nat does not suspend the legal terms, according national legislation – prescription etc.
When the case cannot be solved amicably the relevant ECC will send the case, with the consumer’s agreement to an ADR body. At any moment, the consumer can go to court individually using the normal procedure or the European Small Claims Procedure, if the conditions are met.
For more information, please see ECC Romania’s Procedure.